By Oyetola Muyiwa Atoyebi, SAN

 INTRODUCTION

The Legal Aid Council since its inauguration in 1974 has steadily strived to bridge the gap between the haves and the have-nots with respect to legal representation, advice, and support with a vision statement: “To build a Nigerian nation where there is equal access to justice for all irrespective of means and where all rights are respected, protected and defended”.

With justice at the centre of its ethics, the council is committed to ensuring access to justice for all, serving as a beacon of hope for the underprivileged and marginalized members of society, and offering them a chance to assert their rights and seek redress within the legal system.

This article explains what the legal aid council is, the types of legal services rendered, the impact the Nigerian Legal Aid Council has in promoting legal practice in Nigeria, a brief comparison of the Nigerian legal aid council with the legal aid model in the United Kingdom, and makes few recommendations.

THE LEGAL AID COUNCIL OF NIGERIA

The Nigerian Legal Aid Council is a body corporate established by the Legal Aid Act which is saddled with the responsibility of providing legal aid, advice, and access to justice for persons entitled to it.[1] The Council was first promulgated in 1976, by the Legal Aid Decree No. 56[2] to enhance the Rule of Law through the provision of free legal assistance, representation, and advice to poor litigants.

TYPES OF LEGAL SERVICES

The Council provides assistance on cases that come within the purview of Section 2 of the Act, including:

  1. Proceedings in a court or tribunal in respect of crimes of murder of any degree, manslaughter, malicious or willful grievous hurt, assault occasioning bodily harm, common assault, affray, stealing, rape, armed robbery; and equivalent offences under the Penal Code;
  2. Aiding and abetting, or counselling or procuring the commission of, or being an accessory before or after the fact to, or attempting or conspiring to commit, any of the offences in (a);
  3. Civil claims in respect of accidents, including employee’s compensation claims under the Employee’s Compensation Act;
  4. Civil claims to cover breach of fundamental rights guaranteed under Chapter IV of the Constitution of the Federal Republic of Nigeria (as amended);
  5. Civil claims arising from criminal activities against persons who are qualified for Legal Aid.

BENEFACTORS OF THE LEGAL AID COUNCIL

The Council provides legal aid to persons without income or whose income does not exceed the national minimum wage.[3] This aid can also be granted on a contributory basis to any person(s) whose income exceeds the National minimum wage, on approval of the Governing Board of the Council.[4]

IMPACT OF THE NIGERIAN LEGAL AID COUNCIL ON ACCESS TO JUSTICE

The Nigerian Legal Aid Council plays a crucial role in improving access to justice for indigent and vulnerable individuals in Nigeria. Its impact on access to justice can be seen in several areas including:

  1. Increased Legal Representation: By providing free legal representation to those who cannot afford it, the Legal Aid Council ensures that even the most indigent members of society have access to competent legal counsel. This empowers individuals to assert their rights and interests in the legal system.
  2. Reduced Barriers to Justice: The cost of legal services can be a significant barrier to accessing justice for many people. The Legal Aid Council helps overcome this obstacle by offering legal assistance without charge, making it possible for those in need to pursue their legal claims or defend themselves in court.
  3. Fighting Injustice and Abuse: The Legal Aid Council actively intervenes in cases involving human rights abuses, social injustices, and issues affecting vulnerable groups. By providing legal representation and advocacy, it helps ensure that justice is served and rights are protected.
  4. Decongesting the Courts: By offering legal services and promoting alternative dispute resolution mechanisms, the council helps reduce the burden on the courts. This can contribute to a more efficient and effective justice system.
  5. Enhancing Trust in the Legal System: When individuals receive quality legal representation and support through the Legal Aid Council, it instills confidence in the legal system. This trust is essential for maintaining the rule of law and a just society.

BRIEF COMPARISON OF THE NIGERIAN LEGAL AID COUNCIL WITH THE LEGAL AID MODEL IN THE UNITED KINGDOM

The Nigerian Legal Aid Council and the legal aid system in the United Kingdom share some common principles and objectives, but they also have notable differences due to variations in legal systems and socio-economic contexts. Here’s a brief comparative study:

  1. Legal System: Nigeria follows a mixed legal system that combines elements of common law, customary law, and Islamic law (in some states). Legal aid is provided in both civil and criminal cases. While the United Kingdom operates under a common law system and the legal aid system covers a broad range of civil and criminal matters.
  2. Funding and Resources: The NLAC’s funding primarily comes from government allocations and donor support. In the UK, legal aid is primarily funded by the government.
  3. Eligibility Criteria: Eligibility for legal aid in Nigeria is typically based on an individual’s income and financial means. Meanwhile, in the UK, eligibility is determined through a means test, which considers income, assets, and the type of legal matter. There are also specific criteria for certain cases, such as domestic violence or asylum applications.
  4. Scope of Services: The NLAC provides legal representation, advice, and counselling in civil and criminal cases, including public interest litigation and cases involving vulnerable groups. The UK legal aid system covers a wide range of civil cases, including family law, housing, immigration, and welfare benefits. It also provides legal aid in criminal matters for those facing serious charges.
  5. Delivery of Services: The NLAC operates through its offices and legal aid clinics, serving clients directly. In the UK, legal aid services are delivered through solicitors, barristers, and other legal service providers who are contracted with the Legal Aid Agency.
  6. Impact and Advocacy: The NLAC’s impact lies in improving access to justice for indigent and vulnerable populations and advocating for their rights. The UK legal aid system aims to provide equal access to justice, uphold human rights, and ensure fair representation in legal proceedings.

In summary, both the Nigerian Legal Aid Council and the legal aid system in the United Kingdom strive to improve access to justice for those who cannot afford legal representation.

RECOMMENDATION ON INNOVATIVE APPROACHES TO EXPAND THE REACH OF THE LEGAL AID COUNCIL

To expand the reach of the Legal Aid Council and enhance access to justice for more indigent and vulnerable individuals, some new approaches can be considered. These approaches aim to leverage technology, partnerships, and community engagement to overcome traditional barriers and increase the council’s impact. Examples of these innovative strategies include:

  1. Virtual Legal Aid Clinics: Establishing virtual legal aid clinics or helplines accessible through mobile apps or websites. This approach enables individuals from remote areas to seek legal advice and information without the need to physically visit a legal aid office.
  2. Online Legal Education: Developing interactive online platforms offering free legal education resources, FAQs, and self-help tools. This empowers individuals to understand their rights and legal options better.
  3. Pro Bono Networks: Collaborating with law firms, legal practitioners, and pro bono networks to expand the pool of lawyers willing to offer their services for free or at reduced rates. Encourage legal professionals to volunteer their time and expertise.
  4. Public Awareness Campaigns: Running targeted public awareness campaigns to inform citizens about the existence and services of the Legal Aid Council. Utilize various media channels, including radio, TV, and social media.
  5. Empowering Paralegals: Training and empowerment of paralegals to provide legal assistance under the supervision of lawyers. This can help extend the reach of legal aid services to more communities.
  6. Data Analytics and Case Management: Utilizing data analytics and case management systems to identify trends, prioritize cases, and streamline legal aid services efficiently.

By adopting these innovative approaches, the Nigerian Legal Aid Council may be able to overcome some of the traditional challenges it faces and reach a wider audience in need of legal aid. These strategies can complement existing efforts and enhance the council’s ability to fulfil its mission of providing access to justice for all.

CONCLUSION

In conclusion, the Nigerian Legal Aid Council stands as an unwavering advocate for the vulnerable and disenfranchised in the pursuit of a fair and equitable legal system. The Council has played a significant role in fostering the advancement of legal practice in Nigeria. By providing legal aid, representation, and guidance to those who would otherwise have been excluded from the system, the Council has contributed to a more inclusive and just society.

In the ongoing journey towards a more equitable future, the Nigerian Legal Aid Council remains a pivotal force in fostering a society where justice is accessible to all, and where legal practice continues to progress for the betterment of the nation.

SNIPPETS

The Nigerian Legal Aid Council plays a crucial role in improving access to justice for indigent and vulnerable individuals in Nigeria.

KEYWORDS

legal aid council, legal advice, Nigerian legal aid council, legal services.

AUTHOR: Oyetola Muyiwa Atoyebi, SAN

Mr. Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm).

Mr. Atoyebi has expertise in and vast knowledge of Litigation Practice and this has seen him advise and represent his vast clientele in a myriad of high-level transactions.  He holds the honour of being the youngest lawyer in Nigeria’s history to be conferred with the rank of Senior Advocate of Nigeria.

He can be reached at atoyebi@omaplex.com.ng

CONTRIBUTOR: Betseabasi Asuquo

Betseabasi is a member of the Dispute Resolution Team at OMAPLEX Law Firm. She also holds commendable legal expertise Litigation Practice.

She can be reached at  betseabasi.eyo@omaplex.com.ng

[1] Section 1 (1-3) of the Legal Aid Act 2011

[2] This was repealed by the Legal Aid Act

[3] Section 10(1) of the Legal Aid Act.

[4] Section 10(3) of the Legal Aid Act.

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