By Adelowo Marvellous Ayodamola

ABSTRACT

Justice is the bedrock of universal peace which stands for rule of law. It aims to provide equal rights, opportunities and facilities to all fairly. It is recognized as the first virtue or objective that should be secured in every human gathering. One of the means to secure this is through availing indigent persons of free legal services. The Legal Aid Scheme is one of the devices established in Nigeria by the government which aims at ensuring easy access to legal services by indigent persons. The object of this work is to examine the awareness of legal aid to indigent persons and how they can access free legal services.

INTRODUCTION

Legal aid is the act of helping underprivileged persons secure their legal rights through free legal representatives. The concept of legal aid in Nigeria can be said to have been birthed in 1961 by Sir Adetokunbo Ademola. It was established to assist less privileged persons to prosecute or defend themselves through Pro Bono service. The Constitution of the Federal Republic of Nigeria 1999 (As amended) also provides under Section 46, to help indigent persons where their rights are infringed upon.

REASON FOR THE DEVELOPMENT OF LEGAL AID

BESTSELLER: Commercial and Economic Law in Nigeria By Chief Mike Ozekhome, SAN [ORDER NOW] To ORDER click the link https://kluwerlawonline.com/EncyclopediaChapter/IEL+Commercial+and+Economic+Law/COMM20210001
The idea of legal aid is a result of the right to fair trial and justice, that justice should not only be done to the rich or those who have money or connections only, but justice should be available equally to all persons to realize peace in the society at large. This notion could be traced to the legal maxim ‘’ Fiat Justitia, ruat caelum’’ meaning ‘’let justice be done, though the heavens fall’’.

The Legal Aid Council was established in Nigeria according to the promulgation of Legal Aid Decree No. 59 of 1976, which became Legal Aid CAP L9, Laws of the Federation of Nigeria 2004. This was repealed for the enabling and substantive Legal Aid Act 2011. The Legal Aid Act 2011, expanded the scope and mandate of the Legal Aid Council to provide free legal assistance and representation, legal advice and Alternative Dispute Resolution (ADR) to indigent Nigerians, in conflict with the law to enhance access to justice in Nigeria. The scope of legal aid now covers both criminal and civil matters which were been specified under the Legal Aid Act 2011 Section 8(2)(3) respectively.

HOW CAN INDIGENTS ACCESS LEGAL AID SERVICES IN NIGERIA?

Accessibility can be viewed as the ability to access and benefit from some system or entity. This can only take place after awareness has taken place. For indigents to be opportune to access legal services they have to be aware of the legal service. Legal empowering can go a long way in the lives of indigents in Nigeria. It involves raising societal legal awareness levels, and empowering people to eradicate poverty connotes developing and enforcing clearer policies that appropriately address the distinctive needs of individuals. There are several societal based initiatives and civil society organisations in Nigeria working on these issues with world bank support, they could do more. World bank support legal empowerment effort could support legal awareness, literacy programs and campaigns on gender equality to foster and empower them to demand justice when needed.

In fostering the awareness of legal aid, the national and sub-national poverty eradication strategies could include unusual programs to provide free unbiased and equal access for poor citizens to court. Voluntary organizations can also help by hosting educational events to enlighten them on legal issues useful to them. Aside from legal services provided by the government through legal aid services, several voluntary legal aid services render legal service, notable voluntary organizations in Nigeria include the Civil Liberties Organization, Human Right Law Service (HURILAWS), Just Empower Initiative (JEI), Women Aid Collective (WACOL), Lift Above Poverty Organization (LAPO), The International Federation of Women Lawyers (FIDA), The Justice of Development and Peace Commission (JDPC), which is of the Catholic Secretariat of Nigeria. All this organization works towards a major aim, which is to secure justice for all.

The Legal Aid Council, provided some criteria which have to be satisfied by any less privileged person before they can be eligible for legal aid service. According to the Legal Aid Act 2011, Section 10(1) -(6), identifies persons entitled to legal aid. Also in Nigeria, Private legal practitioners registered on panels of practitioners maintained by the Legal Aid Council following the Legal Aid Act provide legal services to the Legal Aid for a nominal fee. Interestingly, some lawyers also engage in Probono services ‘’Probono publico’’ meaning for the public good, which involves rendering free legal services to people in need of such services who are unable to afford them. Furthermore, the National Youth Service Corps (NYSC) also has a legal aid group. The group is usually made up of lawyers and a few corps members in other fields rendering free legal service to less privileged persons, especially those in prison and police custody. The group takes only minor offences and also pays fines on behalf of the inmates in police custody for their release. The law clinic is a law school programme that provides hands-on legal experience to law students and provides legal service to mostly indigent clients, which is accessible as they work towards serving the public interest.

CONCLUSION

The Necessity of legal aid as a tool of access to justice cannot be overemphasized. The safeguarding of this access is through legal education and assistance. It is important to note that the awareness of legal aid to indigents would help them access justice which will strengthen the rule of law, increase trust in the justice system and reduce civil unrest.

REFERENCES:

Constitution of the Federal Republic of Nigeria, 1999 (As amended).
Legal Aid Act 2011
Legal Aid Council Function and Mandate available at legalaidcouncil.gov.ng
Legal Aid Council of Nigeria is available at legalaidcouncil.gov.ng
Ese Malemi, The Nigerian Legal System (4th edition)
How to Get Free Legal Help and Assistance in Nigeria available at lawpadi.com
The benefit of Legal aid www.jcla.org.com