Whatsapp and Telephone Calls as Suitable Media of Service of Hearing Notice in Nigeria: Reviewing The Supreme Court Decision in Compact Manifold & Energy Services Ltd v Pazan Services Nig Ltd

Abstract

This article uses the desk-based methodology to appraise the Supreme Court decision in Compact Manifold & Energy Services Ltd v Pazan Services Nig Ltd. In the case, the court held that the service of hearing notice through a text message by the registry of a court to a phone number supplied by the counsel, in this age of prevalence of information technology, is good and sufficient notice of an adjournment. The article argues that, while information technology is dominant, sending a text message, without evidence of its delivery, does not constitute service. It goes further to argue that even if the text is sent, it is common for its delivery to fail or for it to be delayed inordinately due to an unstable network. Even where the text message is delivered, the possibility of the counsel not seeing it cannot be ruled out. Thus, a text message, in a clime with unsteady mobile telecommunication services, may not be a proper medium of service. The article concludes by maintaining that when using a phone call and Whatsapp massaging, receipt of messages can be ascertained and therefore, these are preferable means of valid and sufficient service of hearing notice. Unlike these two mediums, a text message has limitations. In fact, service via Whatsapp has been held to constitute valid service. The article makes vital arguments on the impropriety of service via text message and makes recommendations on reliable means of effecting service.