ACCESS TO JUSTICE

Access to justice is a basic principle in rule of law which

describes how citizens should have equal access to the
justice system and/or other justice services so that they
can effectively resolve their justice problem.
The ability of people to seek and obtain a remedy
through formal or informal institutions of justice for
grievances.

Lima and Gomez,

Access to justice guarantees that people can go before
the courts to demand their rights be protected,
regardless of their economic, social, political, migratory,
racial, or ethnic status or their religious affiliation, gender
identify, or sexual orientation”.
Another definition of access to justice focuses on the
ability of people to seek and obtain a remedy through
formal or informal institutions of justice and in
conformity with human rights standards.
The obstacles preventing the poor from seeking justice
can be divided into ‘operational’ and ‘structural’
obstacles:

 Operational problems relate to the internal

efficiency of the justice system, such as:
Lack of cooperation between different bodies
within the justice system;
lack of legal aid services;
lack of pre-trial counselling; and
the expense of bringing a case to court.
 Structural obstacles are not only related to the
workings of the justice system but are also linked to
the organisation of society. They include:
The elitism of the justice system, with courts
located in urban areas and legal process in
specialist language;
the vulnerability of the poor,
who fear that much-needed social programmes will
be cut if they ‘dare’ to claim their rights;
and the lack of awareness among the poor of their
rights.
  Although these structural obstacles are not
necessarily inherent to the justice system, they
represent a problem for the equitable
administration of justice. Therefore, justice sector
reforms must address the above problems.
SOLUTIONS

 Decentralising the courts to make them more

accessible.
 Making court buildings more welcoming to ordinary
people, like, for example, the new Prosecutor
District Office in a Buenos Aires suburb.
 Making legal language more accessible to the public.
 Shaping the administration of justice to fit the client,
rather than the other way round, like, for example,
the informal system of justices of the peace in rural
Peru.
 Involving all actors in reforms of the justice sector,
including the users and NGOs and public interest
lawyers representing them.
 Allowing class actions and granting NGOs the right to
represent individuals and unorganised collectives in
 the legal process, in order to give the poor more
confidence in claiming their rights.
 Training judges to handle collective claims.
 In areas where lawyers are scarce, training lay
lawyers/paralegals to help the poor bring cases to
court.
 Supporting NGOs and other civil associations, such
as bar associations, in working to provide legal
services for the poor.
LEGAL AID
Legal aid is the provision of assistance to people who are
unable to afford legal representation and access to the
court system. Legal aid is regarded as central in providing
access to justice by ensuring equality before the law, the
right to counsel and the right to a fair trial.
Legal aid includes:
 legal advice,
 assistance and representation.
 for persons detained, arrested or imprisoned,
suspected or accused of, or charged with a criminal
offence and for victims and witnesses in the criminal
justice process.
  that is provided at no cost for those without
sufficient means or when the interests of justice so
require.

Where to get legal Aid

Legal Aid Council.
After arrest Police have obligation to inform a suspect
about their rights to be represented by a lawyer. If the
person cannot afford a lawyer he can apply to the Legal
Aid Council of Nigeria.
Though it was first inaugurated in 1974, Legal Aid Act of
2011. establishes a Legal Aid Council responsible for
ensuring that the provisions of the Act are implemented
and promoted.
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.:
TYPES OF SERVICES BY THE LEGAL AID COUNCIL
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

Lawyers facilitated by the Legal Aid Council provide

representation to indigent suspects, and are entitled to
have access to suspects detained in prisons, police
stations, or any other places of detention in Nigeria.
Suspects are entitled to have such lawyers present during
their interrogation in accordance with rights guaranteed
under the Nigerian Constitution.
Generally, only those whose incomes are below the
national minimum wage are entitled to legal aid. But in
practice those who earn above the minimum wage may
be given assistance.
The Court may also assign a lawyer to any suspect.

Other Legal Aid/Assistance Providers

 Office of public Defenders
 Law clinic
 Non Governmental organisations:
JDPC
FIDA etc.
Constitutional Rights Projects
Civil Liberties Organisation

Law Clinic
A law clinic is a law office in a university managed by law
students providing voluntary services. A law or legal clinic
provides free legal aid services to members of the public.
Akungba law clinic is an example of a law clic in Nigeria
By virtue of Section 17 of the Legal Aid Act, law clinics
are authorised to provide legal aid or assistance to
persons who are entitled to legal aid.
Over 23 Law clinics in Nigeria.
The clinics offer legal assistance to pre-trial detainees
and diverse services to the public and promoting
community justice programmes. Their services include:
 client counselling and interview,
 assistance and rehabilitation of prisoners,
 observation and assessment of prison conditions,
 Data collection on prisoners’ welfare