Social Media and Substituted Service of Court Processes in Nigeria: An Analysis of Contemporary Trends

Description

ABSTRACT

Social Media and Substituted Service of Court Processes in Nigeria: An Analysis of Contemporary Trends

Chimezie Onuzulike*

Service of an Originating Process and other court processes on a Defendant is fundamental in any proceeding before any Court of Law. The Courts are empowered by their Rules to order that service be effected by substituted means. The Courts have stuck to the customary methods of service by substituted means usually specifically set out in their Rules which are normally advertisement in a newspaper circulating within the jurisdiction and delivery to some adult person at the last known place of abode of the person to be served. The Courts may not be inclined to order that substituted service be effected by any other means which have become more convenient or expedient by reason of technological advancement as this may appear to the court to be sailing in uncharted waters. This paper argues that owing to technological advancement and the concomitant social media revolution, some of the traditional means of effecting substituted service are beginning to lose their prominence and effectiveness in modern times. The paper emphasizes that presently, substituted service can be more effectively effected through social media platforms in most cases. The paper concludes by recommending that the Courts should be inclined to order service through the Social media once it is shown that through that means the document can be brought to the attention of the party to be served.

Keywords: Court, Social Media, Substituted Service, Originating Process

INTRODUCTION
Although a Court may be clothed with jurisdiction to entertain a matter before it, it is the proof that all the defendants in the matter have been duly served with the Originating Process that ultimately confers on the Court the Jurisdiction to proceed to hear the matter and deliver a Judgment. Failure to serve a defendant personally or by any substituted means ordered by Court renders the entire proceedings a nullity.₁ The issue of service is so fundamental that a Court can set aside its Judgment where it is discovered that a defendant was not duly served.₂ Generally, a defendant must be served personally. However, taking into cognisance the possible impracticability to serve a defendant personally in certain cases, the Courts are empowered by their rules to grant an order of substituted service of an originating process on a defendant to be effected in a manner approved by the Court.

*LL.B (First Class Honours), BL. Associate at Punuka Attorneys and Solicitors, Lagos Nigeria.

1. See Emeka v Okoroafor [2017] 11 NWLR (Part 1577) 410 (SC), Darma v Ecobank Nig Ltd [2017] 9 NWLR (Part 1571) 480 (SC), Dike v Kay-Kay Construction Ltd [2017] 14 NWLR (Part 1584) 1 (CA).
2. Mark v Eke [2004] 5 NWLR (Part 865) 54 (SC).

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.10 NO.2