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    Legal Aid and Advice in Nigeria by Ugochukwu

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    LEGAL AID AND ADVICE IN NIGERIA

    INTRODUCTION
    Legal aid is a pivotal in fair hearing . Infact, it is the angel and safeguard of persons
    standing trials - either in civil or criminal proceedings. It provides free legal
    representatives to parties in spite of financial struggles. Nigeria is however, one of
    the countries that offers legal aid. This article observes the scheme of legal aid in
    Nigeria, role, and benefits. It also examines legal aids in other countries.

    MEANING OF LEGAL AID


    The New Encyclopedia Britannica defines legal aid as the professional legal
    assistance given, either free or for a nominal sum, to indigent persons in need of
    such help. Legal aid can be rightly put as a pro bono.

    NATURE OF LEGAL AID


    legal aid provides free legal services in criminal and civil trials.

    HISTORY OF LEGAL AID


    legal aid birthed in 1961 African Conference on Rule of Law, held in Lagos. This by
    the Legal Aid and Advice Act 1961 was prepared by AGF, DR. T.O.ELIAS (as he then
    was), following a statement made by the then Chief Justice of Nigeria, SIR
    ADETOKUNBO ADEMOLA; he stated
    ...the right to fair hearing would be hollow if the financial aspect to access to
    justice is ignored.
    The Bill passage was truncated by the civil war.

    With the absence of a Legal Aid Scheme in Nigeria, a legal luminaries led by Chief
    Chimezie Ikeazor SAN, set up the Nigerian Legal Aid Association (NLAA) to provide
    legal aid in the country. This development led to the promulgation of the Legal Aid
    Decree No. 56, 1976, during Gen. Olusegun Obansanjo. This Decree was limited only
    to criminal proceedings; murder, manslaughter, maliciously or wilfully wounding
    or influencing grievous bodily harm, assault. Other offences like aiding and
    abetting, etc were also expanded.

    STATUTORY PROVISIONS FOR LEGAL AID IN NIGERIA.


    1. The Nigerian Constitution.
    The Constitution of Federal Republic of Nigeria is the supreme law of the land. It
    governs both the rulers and the citizens. Section 36(6) paragraph b and c, provides
    that every person who is charged with a criminal offence shall be entitled to:
    (b) be given adequate time and facilities for the preparation of his defence;

    (c) defend himself in person or by legal practitioners of his own choice;

    It further provided that the National Assembly shall make provisions for rendering
    financial aid to any indigent persons and provide legal practitioner if the accused
    cannot afford it.

    2. Legal Aid Act


    This is a statute that exclusively provide for Legal aid in Nigeria. it charged it with
    the responsibility of providing financial aid, legal services, free offers , pro bono etc.
    It encompasses, Criminal Defence Services, Civil Litigation Services and Community
    Legal services.

    3. The Criminal Procedure Act


    The Criminal Procedure Act provides for regulation of criminal trial in southern
    parts of Nigeria. It does not provide a special provision for legal aid, rather it
    provides for the assignment of a legal practitioner, if practicable, by the court to any
    person accused of a capital offence.

    4. The Criminal Procedure Code


    The Criminal Procedure Code is similar to the CPA , but it's applicability is limited to
    Northern parts of Nigeria. It provides for the assignment of a legal practitioner to
    an accused person, by the court, for a capital offence.

    5. The Supreme Court Act


    This statute regulates the administration and structure of the Supreme Court in
    Nigeria. Section 28 , provides inter alia;
    ...... Supreme Court may at any time assign counsel to an appellant in any
    appeal or proceedings preliminary or incidental to an appeal in which, in the
    opinion of the court, it appears desirable in the interests of justice that the
    appellant should have legal aid, and that he has not sufficient means to
    enable him obtain that aid.

    This provision enables the supreme court to assign a counsel to a party even when
    the party has one, if the court is satisfied that is for the interest of justice that
    another counsel should be appointed.

    6. The Court of Appeal Act


    Section 26 of the Act made similar provisions with section 28 of the Supreme Court
    Act.

    7. State Laws
    Several State laws have made provisions for legal aid to indigent persons. These
    include setting up funds and agencies, for instance, the Director for Citizens Rights
    of Lagos State and the Public Defence Fund and the Citizens Rights and Mediation
    Centre of Imo State.

    8. High Court (Civil Procedure) Rules


    These are rules that guide proceedings in High Court. It vests the power to grant
    legal aid on the Chief Judge of the High Court.

    INTERNATIONAL LAWS
    The United Nation is an intergovernmental organization that foster world peace,
    unity and equality. It is grounded for rule of law and to ensure equal access to
    justice for every persons.

    BENEFICIARIES OF LEGAL AID IN NIGERIA


    To qualify for legal aid in Nigeria, the general rule is that the person 's income
    should not exceed the national wage income. The exception to this is persons whose
    income exceeds the national minimum wage. The Board will look into the merits of
    the case because the Board will only recover their contribution if only the case was
    successful.

    RIGHT OF COUNSEL
    Right to counsel means a defendant has a right to have the assistant of a counsel if
    he doesn't have any. This right is generally regarded as a constituent right to fair
    hearing.
    The Nigerian Constitution made it clear that any person who is charged with a
    criminal trial shall defend himself in person or through a legal practitioner. Thus,
    every government must ensure the supremacy of rule of law by protecting the
    rights and freedom of the citizens. The Court assign to an accused a legal
    practitioner to defend himself.
    See ABIOLA V. FRN., PETER UDODIMA V. COMMISSIONER OF POLICE,
    MOHAMMED GWONTO & ORS V. THE STATE.

    BENEFITS OF LEGAL AID IN NIGERIA


    1. Provisions of free legal services (pro bono)
    2. Free access to courts.
    3. It provides with the accused person standing trial an unfettered right to a legal
    representative if he has not.
    4. It provides free services to all persons.
    5. It concerns for the general well being of the society.

    CHALLENGES OF LEGAL AID COUNCIL IN NIGERIA


    Legal aid council has faced numerous challenges, some of which include:
    1. Lack of adequate funding
    2. Inadequate facilities
    3. Inadequate legal personnel in the council.
    4. The court charge official fillings fees for pro bono.

    LEGAL AID IN OTHER COUNTRIES


    Ghana
    Right to legal aid is specifically provided in the Constitution of Ghana. Clause 1 and
    4. The legal aid scheme is regulated by the Legal Aid Scheme 1997 Act 542.

    Rwanda
    Rwanda is one of the countries without a government backed legal aid scheme. The
    legal aid Act was passed by the parliament and funded by different civil society
    organizations.

    England and Wales


    Legal Aid was originally established by the Legal Aid and Advice Act of 1949 but is
    being governed currently by Access to Justice Act 1999. It is administered by the
    Legal Aid Agency but was initially managed by the Law Service Commission.

    Canada
    Canada is divided into provinces and each province manages and administers legal
    aid to its residents independently of the other province. The government also
    allocate funds to each province for the purpose of providing legal aid to indigent
    persons.

    It is recommended that the Government should give special attention to the Legal
    Aid Council through proper enlightenment and primary awareness programmes .
    Also, Alternative Dispute Resolution should be encouraged in settlement of disputes
    in order to save time and avoid clogging in Court. In conclusion, according to
    IBANGA, ..
    ......if the right of a member of the community is infringed, with the assistant of the
    legal institutions of the system, he is given a redress, it would be assumed that justice
    has been done. If however, the right of a member of the community is infringed and
    could not be redress or awarded remedy, then, justice has not taken place; hence Ubi
    jus ibi remedium.

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