Why legal aid matters

What is the value of fair hearing to a citizen who cannot afford to pay summons fee, let alone afford the services of a lawyer? Equal access to justice for every citizen of Nigeria, irrespective of their class is an essential tool to the maintenance of the rule of law. The cornerstone to securing Nigeria’s future is by ensuring equality before the law, the right to counsel and the right to fair trial. Legal aid is the foundation of any society that seeks to promote justice, equality, and sustainable development.

In Nigeria, where socio-economic inequality remains a critical challenge, with 63 per cent of Nigeria’s population and roughly 133 million people who are multidimensionally poor, the provision of legal aid is not just a social necessity but a moral and constitutional obligation. Ensuring that every Nigerian, regardless of financial status, has access to legal representation is essential to achieving our long-term developmental aspirations, harmony, peace, and happiness.

In 1959, the International Commission of Jurists at its conference on the Rule of Law in a Free Society, in Delhi resolved that “equal access to law for the rich and poor alike is essential to the maintenance of the rule of law. It is therefore, essential to provide adequate legal advice and representation to all those threatened as to their life, liberty, property or reputation who are not able to pay for it”. The need for legal aid in Nigeria is profound, with staggering data from the Legal Aid Council of Nigeria, which indicates that over 60 per cent of Nigerians require legal assistance but cannot afford it.

These individuals are often among the most vulnerable in society, low-income earners, women, children, and people living with disabilities – who face legal challenges ranging from wrongful eviction and domestic violence to labor disputes and criminal accusations. Without access to proper legal representation, these citizens are left without a voice in the justice system, perpetuating a cycle of poverty, disenfranchisement, and social exclusion.

This requires that legal aid is not merely seen as a charitable gesture; it must be seen for what it is – a fundamental right enshrined in Section 36 of the 1999 Nigerian Constitution, which guarantees the right to fair hearing and legal representation for every Nigeria. Legal aid ensures that the promise of justice is not an illusion but a tangible reality for millions of Nigerians. Thus, in the 1988 case of Josiah v. State, Oputa JSC, succinctly captures it that the “right to counsel is thus at the very root of, and it is a necessary foundation for a fair hearing.” This extends to the rights of indigent citizens and underserved communities to under their rights, even in their local languages.

More broadly, legal aid is intrinsically tied to Nigeria’s subscription to the sustainable development agenda. The United Nations’ Sustainable Development Goal 16 calls for the promotion of peace, justice, and strong institutions. Nigeria cannot achieve this goal without strengthening our legal aid framework and institutional capacity to deliver on equal access to justice.

Access to legal services enables citizens to resolve disputes peacefully, hold government officials accountable, and protect their fundamental rights. When citizens have confidence in the legal system, they are more likely to contribute positively to national development, creating a stable and secure environment conducive to economic growth. But when citizens languish in detention for months and in some cases years without access to fair trail, legal assistance and timely justice delivery, the idea of development means nothing to them.

A large percentage of inmates in Nigerian correctional centres are awaiting trail and cannot afford legal representation. According to the Nigerian Correctional Service, as at October 2024, 56,973 inmates were awaiting trial, which is the majority of the prison population. 40 per cent of inmates in Nigerian prisons are indigent citizens who cannot afford legal representation. A strong legal aid system will help reduce prison overcrowding, reduce the violation of inmates’ constitutional rights and also help minimise n unnecessary burden placed on the country’s correctional facilities and resources. Expanding access to legal aid would help decongest prisons, ensure fair trials, and reduce the strain on the criminal justice system. Beyond the correctional and detention centres, in rural areas across Nigeria, where there is little or no presence of government services, the police, schools, health centres and legal aid services are essential to safeguarding public order, safety and advancement of communities.

Strong leadership is crucial in implementing the Legal Aid Council of Nigeria’s institutional mandates. It requires visionary leaders at all levels and structures of the system, who are committed to aligning legal aid services with national and subnational policies, including President Bola Tinubu’s Renewed Hope Agenda to improve the welfare of Nigerians and promote inclusive development, must prioritise access to justice as a key pillar. Legal aid is central to achieving the agenda’s goals of reducing poverty, promoting equality, and fostering social cohesion.

To achieve this, Nigeria must invest in strengthening the Legal Aid Council’s capacity to deliver services across the country. This involves creating innovative initiatives that invites more legal practitioners to volunteer, providing adequate funding, building valuable collaborations, and leveraging technology to expand access to legal aid services in rural and underserved areas.

Public-private partnerships can also play a significant role in bridging the gap, with law firms, non-governmental organisations, and corporate bodies collaborating to provide pro bono legal services to those in need, and creating a national recognition and honour system for pro bono lawyers and organisations who are truly committed to legal aid in underserved communities in Nigeria.

We must all recognise that legal aid is not just a legal service, it is a social contract that binds the government and its citizens in the pursuit of justice and equality. It is a critical tool for empowering marginalised groups, promoting the rule of law, and ensuring that no one is left behind in Nigeria’s quest for sustainable development. As Nigeria moves forward, prioritising access to justice through legal aid will not only strengthen our democratic foundations but also secure our future as a just, fair, and inclusive society for everyone.

Ekpa a lawyer and leadership consultant wrote via: [email protected]