Justice Yonny Kulendi, a member of the Supreme Court, has recommended amending Ghana’s laws to embrace electronic service in civil litigations.
He asserted that the adoption of electronic service, involving document delivery through electronic transmission or notification, has the potential to address legal complexities, including procedural delays.
Presenting multiple suggestions during an inter-party dialogue, Justice Kulendi also advocated for a shift in the schedule of parliamentary elections, proposing that they be conducted in November, a month earlier than the customary December 7 date.
“The use of and adoption of electronic service as a means of reducing delay in service and proof of same is usually an issue during civil litigations. Since we all now converse by WhatsApp and we all use emails, in other jurisdictions, electronic service is actually the way that will take out this whole legal gymnastics that people play around the procedure. A new law to solely regulate parliamentary election adjudication with specific timelines for filing petitions, limitations on appeal, limitations on amendments, and serving of further particulars etc. could be considered.
“‘[Hold] elections in November in an election year which is a month earlier to enable disputes to be resolved within a shortest time frame before the business of government gathers momentum.”
Justice Yonny Kulendi
These proposals reflect an acknowledgment of the evolving technological landscape and the need for legal processes to adapt to more efficient and contemporary methods, as well as a consideration for optimizing the timing of electoral processes for greater effectiveness.
“A review of the provisions of the laws and procedures on parliamentary election petitions, specifically the Representative of the People Act and the High Civil Procedure rules, must be amended to provide a specific time frame within which such petitions will be heard and determined. For instance, an abridgment could be considered, the time could be reduced from 21 to 14 days after Gazetting.”
Justice Yonny Kulendi
Potentials Of Electronic Services In Ghana’s Judiciary
The integration of electronic services in civil litigations within Ghana’s judiciary holds immense potential for transforming and modernizing the legal landscape. This shift towards electronic services, commonly referred to as e-services, presents a range of benefits that can significantly enhance the efficiency, accessibility, and transparency of civil litigation processes.
Electronic services streamline the filing and management of legal documents. Digital platforms allow litigants, attorneys, and court officials to submit, access, and track case-related documents online. This reduces paperwork, minimizes delays, and facilitates a more organized and systematic approach to case management. In the context of civil litigations, where voluminous documentation is often involved, the transition to electronic filing can greatly expedite the legal proceedings.
Moreover, electronic services can enhance accessibility to the judiciary, overcoming geographical barriers. Litigants and legal practitioners can engage with the legal system remotely, reducing the need for physical presence in courtrooms. This is particularly beneficial for individuals residing in rural or distant areas, fostering inclusivity and equal access to justice.
Efficiency is a critical aspect of the judicial process, and electronic services contribute significantly to its improvement. Automated case management systems can help track and schedule court hearings, deadlines, and other procedural milestones. This reduces the likelihood of administrative errors, enhances time management, and expedites the resolution of civil disputes.
Additionally, the adoption of electronic services promotes transparency and accountability. Online access to case information allows stakeholders to monitor the progress of litigation in real-time. This transparency fosters public trust in the judicial system and provides litigants with a clearer understanding of their cases.
While the potentials of electronic services in civil litigations in Ghana’s judiciary are evident, successful implementation requires robust cybersecurity measures, training for legal professionals, and widespread digital literacy initiatives.
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