The Potential of Whatsapp as a medium of Substituted Service in the Nigerian Judicial System

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Date

2019

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Nigerian Bar Association: Seciton on Legal Practice

Abstract

Expediency and fairness are two fundamental factors to be considered in determining an application for substituted service. This is because, while it is important to ensure the avoidance of unreasonable delay on account of difficulties regarding the service of processes, it is also necessary to ensure a fair hearing. While substituted service on platforms such as WhatsApp is a relatively novel concept, the traditional methods such as publication in newspapers and the pasting of notices on buildings are fast becoming idealistic and merely symbolic. This paper evaluates the practicality of WhatsApp as an alternative medium of service in Nigeria. It does so by considering the implementation of social media platforms for substituted services in other jurisdictions as well as the state of electronically generated evidence under the Nigerian Evidence Act. The paper finds that WhatsApp can be successfully utilized as an alternative to some far less effective methods.

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Citation

Mahmoud, R. F. (2019). The potential of WhatsApp as a medium of substituted service in the Nigerian judicial system. Nigerian Bar Association Journal on Legal Practice (NBA-SLP Law Journal), 5, 66–86.

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