International Journal of Criminal, Common and Statutory Law 2021; 1(2): 21-28

E-ISSN: 2789-8830
P-ISSN: 2789-8822
IJCCSL 2021; 1(2): 21-28 Legal aid in the administration of criminal justice in
© 2021 IJCCSL
www.criminallawjournal.org Nigeria: issues and challenges
Received: 13-07-2021
Accepted: 19-08-2021
Jemialu ME and Efevwerhan DI
Jemialu ME
LLM. (Unilorin) Deputy Director
(Academics) Nigerian Law Abstract
School, Yenagoa Campus, All over the world, the need to afford indigent and vulnerable people access to justice is taken with much
Nigeria seriousness. It is the linchpin on which the concept of fair hearing revolves. The poor may be denied
justice either in civil or criminal proceedings if he is too poor to pay for legal representation. Added to
Efevwerhan DI this is the fact that legal procedures are such that are so technical that the common layman may not be
Ph.D., UUM (Malaysia), Deputy able to comprehend them let alone enforce his rights even when they are breached. To address this, the
Director General, Nigerian Law concept of legal aid is put in place to enable poor and vulnerable people be informed of their rights and
School, Yenagoa Campus, where necessary, such rights be enforced on their behalf at little or no cost to them. In this paper, the
Nigeria authors take a look at the role of legal aid in the administration of criminal justice in Nigeria. After also
analysing the problems and challenges of the system in Nigeria, the paper proffers suggestions that may
enhance a more efficient delivery of access to criminal justice in Nigeria.

Keywords: Legal aid, legal advice, criminal, justice system, customary justice

1. Introduction
Legal Aid is defined as free or inexpensive legal services provided to those who cannot afford
to pay full price [1]. It has also been defined as a scheme that gives to persons whose disposable
income and capital fall within the limits prescribed from time to time assistance and/or legal
representation in legal proceedings of most kinds [2]. Under the United Nations Principles and
Guidelines (UNPG), “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” [3].

2. The Criminal Justice System in Nigeria

The Criminal Justice System comprises of the collective institutions through which an accused
offender (defendant) [4] passes until the accusations have been disposed of or the assessed
punishment concluded. The system’s basic components are: the law enforcement (police), the
judicial process (judges, prosecutors, defence lawyers), and correctional services (prison
officials) [5] And all these institutions [6] are interrelated and must of necessity, work in tandem
because, “an effective criminal justice system is fundamental to the maintenance of law and
order… [7].
Perhaps, the greatest injustice that can be done in the criminal justice system is when an
accused person undergoes trial, especially in capital offences, without legal representation. In
most cases, such offender is too poor to afford legal services. It becomes obligatory for the
government or court to provide such person with free legal services in order to secure a free
and fair trial.

3. The Imperatives of Legal Aid

It is a truism, that without an effective legal aid, “equality before the law”, which is an integral
part of the rule of law, cannot be achieved. And in the absence of a working machinery of
justice that is readily accessible to citizens irrespective of their demographic divide;
legislations on legal aid or access to justice generally, would not be worth the papers on which
Corresponding Author: they are written and would, in our view, amount to futile exercise of legislative power.
Jemialu ME Legal aid as a part of administration of justice is cardinal, to both developed and developing
LLM. (Unilorin) Deputy Director States alike; and to a greater degree, developing States, where legal aid is capable of being a
(Academics) Nigerian Law catalyst for socio-economic development and growth. Accordingly, it has been said that: [8].
School, Yenagoa Campus,
Nigeria
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Legal aid provides a workable basis on which the traditional national service with the Council. The Council can also refer
legal system can come to terms with egalitarianism, socio beneficiaries to private legal practitioners, whose names are
economic instrumentalism and populist anti-formalism. It can registered on the Panels of Legal Practitioners maintained by
help to tranquilize and normalize social tensions. It the Council [18]. A legal practitioner on the Panels of Legal
synthesizes change with continuity and stability. This is what Practitioners may elect to be paid a small fee or render the
made Legal Aid Scheme a historical necessity and a social aid, pro bono.
imperative in the third world.
Over time, the concepts of “legal education, access to legal Courts
information and other services provided for persons through The Constitutional provision of fair hearing entails amongst
alternative dispute resolution mechanisms and restorative others, a right to silence until consultation with a legal
justice processes” [9] have emerged as integral components of practitioner of defendant’s choice, right to legal representation
legal aid. by a legal practitioner of defendant’s choice and the
Legal aid is therefore, “an essential element of a fair, humane assistance of an interpreter where defendant does not
and efficient criminal justice system that is based on the rule understand the language used at his trial [19].
of law. A foundation for the enjoyment of other rights, The Courts are enjoined to inform the Defendant of his right
including the right to a fair trial, as defined in article 11, of election (representation by Counsel of choice or a legal aid
paragraph 1, of the Universal Declaration of Human Rights, provider). And where a defendant is standing trial for a capital
and an important safeguard that ensures fundamental fairness offence and has no legal representation, the Court where
and public trust in the criminal justice process [10]. practicable, may assign to such a defendant, a legal
This leads us to a discourse of legal aid as practised in Nigeria practitioner within the jurisdiction of the Court or at the
and its impact on the administration of criminal justice in instance of the Defendant, contact the Council, the OPD or
Nigeria, which is the crux of this paper. any other legal aid service provider for one [20].
Also, the Court is to provide the assistance of an interpreter
4.0 Legal Aid in Nigeria when needed and at no cost to the Defendant. The Court
The primary provider of legal aid service in Nigeria is the assisted legal aid, is therefore, rendered during the trial stage
State [11], which responsibility, it carries out mainly, through of the criminal justice process.
the Legal Aid Council (LACON). The Council is therefore,
saddled with the near Sisyphean task of providing free Office of the Public Defender (OPD) [21]
assistance to people who cannot afford legal representation Lagos State established this institution in July 2000 as a unit
either because they are unemployed, underemployed or earn under the Directorate for Citizens’ Rights of the Lagos State
very little money, or are adversely affected by circumstances, Ministry of Justice [22]. The OPD was created, mainly, to serve
rendering them incapable of earning income [12]. as an avenue or forum for the receipts of complaints that
Under the Nigerian Legal Aid Act, legal aid consists of “the affect the socio-economic rights of the indigent residents of
assistance of a legal practitioner including all such assistance Lagos State and was to legally deal with issues irrespective of
as is usually given by a private legal practitioner in the steps tribal background and emphasis “was and is” on the “rights of
preliminary or incidental to any proceedings, representation the disadvantaged in Lagos State [22].”
by a legal practitioner before any court and such additional The OPD is not restricted in term of the nature of cases and
aid (including advice) as may be prescribed [13].” offences, it handles and its services encompass the pre-trial,
trial and post-trial stages. While these are positive
State Legal Aid Service Providers in Nigeria developments, the coverage area is however, restricted to
Legal Aid Council of Nigerian (LACON) Lagos State. Another drawback of the OPD is its referral
Only persons whose income does not exceed the national system, which appears hinged on the assumption of the OPD
minimum wage are entitled to legal aid (free legal assistance, having and sustaining a robust synergy with other legal aid
advice and representation) [14]. service providers. The Lagos State Government is OPD’s
However, persons whose incomes are higher than the national main source of funding supported by gifts, donations/grants-
minimum wage and in certain cases, people with incomes in-aid from individuals, NGOs, and foreign governments’
exceeding ten times of the national minimum wage, may be donor agencies.
granted legal aid with the approval of the Council’s Board [15].
Where the aid is to a person whose income exceeds ten times Other Legal Aid Service Providers in Nigeria
the national minimum wage, it will be granted under a Nigerian bar Association
contributory basis and subject to certain conditions. In the area of rendering Pro Bono Services, generally, a
Thus, the primary function of the Legal Aid Council is the lawyer is enjoined by the Rules of Professional Conduct in the
provision of legal aid to persons who cannot afford the Legal Profession, to receive fees for professional services
services of legal practitioners of their own choice when legal rendered by him [23] but lawyers may also accept briefs pro
need arises. Services offered by the Council, subject to merits bono either on humanitarian or other grounds. The RPC
of each case and indigence of the parties, are segmented into encourages pro bono legal services and prohibits a legal
three namely [16], Criminal Defence Service, Advice and practitioner from rejecting a criminal brief concerning an
Assistance in Civil Matters (includes legal representation in indigent accused person or asking to be excused except for
Court), and Community Legal Services. Under the ACJA, substantial reason and such legal practitioner is expected to
ACJL, and OPD, both the police and the Magistrate/Judge are exert his best effort in the defence of the accused [24]. It is a
required to inform a defendant of the existence of free legal professional misconduct to abandon a pro bono case without a
aid by the Council [17]. justifiable reason [25]. Pro bono legal service is mandatory for
The Council provides these services through its salaried those seeking appointment to the rank of Senior Advocate of
lawyers, and NYSC members on the mandatory one-year Nigeria (SAN) [26].

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Thus, pro bono services contribute in some measures to the furtherance to this, the Council has established the Corp Legal
realisation of the Council’s mandate and in recent times, there Aid Group (CLAG), charged with the responsibility of
has been an observed increased in the number of legal providing legal aid to poor and vulnerable persons.
practitioners offering such services [27].
Some branches of the NBA have made very visible strides in Issues and Challenges of Legal Aid in the Administration
assisting the Council fulfil its mandate through the Police of Criminal Justice in Nigeria
Duty Solicitor Scheme (PDSS) and the Court Duty Solicitor The extent of legal needs of the poor or persons who cannot
Scheme (CDSS). Mr. Bayo Akinlade, a former chair of the afford legal advice, assistance and representations, at any
Ikorodu branch [28] developed a PDSS Training Manual that is stage of the criminal justice process in Nigeria, is glaringly
used presently in facilitating trainings for PDSS volunteer huge. And the aftermath of unmet or substantially unsatisfied
lawyers in NBA branches and the judiciary in States that have legal needs, is intractable, impacting multiple actors: those
indicated interest in the PDSS [29]. directly involved in the criminal justice process, their families
The various Panels of Enquiry set up by the government on or loved ones, the police stations, courts and correctional
the ENDSARS police brutality protests, saw the Council centres, the economy and the society at large.
representing only 5 persons out of almost 3,000 petitions and These impacts range from monetary losses, to the not so
in two States of the federation. A representative of the obvious or easily quantifiable, but none the lest real,
Council, attributed the low number of requests for the psychological or physical losses such as suffering, pain,
Council’s legal aid services, to the legal services offered by trauma, fear, reduced quality of life, damaged reputation and
the NBA across the States where the Panels sat [30]. dignity.
Some pertinent questions at this juncture: “are the people
NGOs (local and international) and Foreign aware of their rights, of options available to them and how to
Governments’ humanitarian or developmental donor access these options, are their legal needs, being met and to
Agencies: [31] what extent, do legal aid service providers have the capacity
The services provided by these secondary legal aid service to substantially meet these needs, or the capacity of
providers, are mostly limited to specific legal needs; many are expansion, to meet these needs?”
gender-based, restricted to specific vulnerable groups and The near Sisyphean nature of the state of our legal aid in
even locations. Many of these NGOs are registered with the Nigeria is common knowledge and also well documented as
Council and provide legal services without collecting fees well as the issues and challenges dogging the efforts of legal
from the Council [32]. Because of its voluntariness however, aid service providers. We do not intend to imply that there are
the Council cannot compel an NGO to carry out the Council’s no lights or successes in the Nigerian Legal aid journey. It is
mandate. But the fact that NGOs in Nigeria are filling what just that, in the light of the unresolved issues and challenges,
would otherwise have been a ‘bottomless pit’ vacuum in the the successes appear more like squeezing oil out of a rock.
Nigerian legal aid system cannot be over emphasised. We will therefore, attempt answers to the above questions by
Worthy of note is the contribution, of campus-based law looking at some issues in the provision of legal aid in Nigeria
clinics to the provision of legal aid. These Campus-based law and how the fallouts from these, constitute the challenges that
clinics, operating under the Network of University Legal Aid presently impede the legal aid success story in Nigeria.
Institutions (NULAI) in Nigeria, are an introduction by way The main issues are funding, lack of guidelines/code of
of addition to the legal education curriculum in Law Faculties conduct for lawyers participating in the process, education
and the Nigerian Law School. The law clinics are operated by and information dissemination and attitudinal apathy. And the
students under staff supervision, which expose law students to challenges range from infrastructural decay and deficits,
the practical application of legal norms taught under the inadequate manpower, logistics, poor work attitude or apathy,
conventional law syllabus in tertiary institutions. They number of persons involved in the criminal justice process on
provide the students the opportunity to deal with real clients a periodic basis (as suspects, accused persons, victims, and
in real life situations, thus, enabling them to hone their witnesses), the test of illegibility for legal aid, dissemination
lawyering skills preparatory to real practice after call to the or communication of the availability of legal aid and how to
Bar. The students render legal advice, offer opportunities for access same, inappropriate professional cultures and attitudes
[34]
amicable settlements and where needs be, collaborate with , to the legal practitioners needed to meet the varied legal
interested legal practitioners to offer legal representation to needs of everyone member of the target group (taking into
indigent and vulnerable persons should such matters go to cognisance; the number of trained lawyers,
conventional courts. The accessibility to and repose of experience/knowledge of criminal law and interest in legal
confidence in these clinics by vulnerable and indigent persons aid, willingness and in some cases, ability to render pro bono
has in no small way enhanced access to justice by people, services), and other legal aid services providers, available.
who ordinarily would have been robbed of justice due to their
poor and vulnerable status; and is a plus to the efforts of the Funding
Legal Aid Council to render legal aid [33]. The Council observed [35]
Legal Aid Council has continually been under-funded over
Legal Aid CDS Scheme the years and has had a low priority on the National Agenda.
The Legal Aid CDS Scheme is one of the Community This is so because it is not placed in the category defined as
Development Services (CDS) of the National Youth Service “special parastatals” nor is it grouped in the “A” grouping and
Corps (NYSC). The legal aid CDS has presence in all local therefore does not fall amongst the priority parastatals. This is
government areas in the Country, and members of the pathetic because being a public defender and one that
Scheme, offer legal aid services in their host communities; provides access to justice for the indigents and the vulnerable
such as access to justice awareness campaigns, outreaches, in Nigeria one would expect that it should be classified as
mediation, and other legal needs of the communities. In special. The under-funding has worked against the effective

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delivery of legal aid scheme in Nigeria. Taking into visit to the South East Zonal office of the Council. That there
consideration the size of the population, the vast mess of the was no modern office equipment in the office, no alternative
area covered and some peculiar circumstances, Legal Aid source of power supply, and there was general infrastructure
Council deserves robust funding. deficit. He had to pay to have photocopies of the 2011 Act
As at 2018, funding was still identified as the main issue of and the statistical figures he requested. And the staff made the
the Council and as a result, the Council have intensified its copies from a nearby business centre because there was no
efforts in seeking partnership with NGOs and foreign donors; photocopier in the office. Other than the corporate
principal among which is the DFID [36]. It was further noted headquarters in Abuja, the above state of affairs appears to be
that despite repeated presentations of the need for increased the norm [44].
funding to the National Assembly, the issue of funding has A former Chairman of the Council’s Governing Board, in
not been addressed [37]. 2018 [45], identified logistics (movement of staff to and from
Sometime in 2012, the then DG of the Council, called for the the Courts, prisons and the offices) as one of the factors
creation of the access to justice fund [38] to enable the Council militating against the best efforts of the staff. There is no
receive donations from corporate organisations and much improvement today in the above sorry tales of the
individuals as one way of improving funding [39]. The call was Council, because funding has not improved [46].
apparently not heeded because the Federal Ministry of Justice
and the Council have just “concluded all the requisite legal (c) Inadequate number of Salaried Legal Practitioners
arrangements for the launch of the Access to Justice The number of seasoned legal practitioners in the Council’s
Fund…which is a unique national fund aimed to (sic) raise employ is wholly inadequate when compared to the enormous
funds for the assistance of legal aid work in Nigeria [40].” legal needs across the Country. As at 2017, lawyers in the
The consequences of poor funding of the Council are employ of the Council were 270 and these were serving the
extensive, having an overall rippling effect on the entire 36 States of the Federation and the FCT. By
implementation of its mandate, to wit: approximation: a ratio of 8 lawyers to a State [47]. These
salaried lawyers are therefore, over-burdened. The resultant
(a) Publicity and Awareness effect is that more often than not, cases, even serious ones, are
The Council’s effort at publicity and awareness creation about assigned to new wigs and NYSC Corp members serving with
its existence and services is greatly hampered by various the Council. And the main factor encouraging the growth of
factors of which paucity of funds is one. Many Nigerians this practice and which is unlikely to change in the
(living in both rural and urban areas) are not aware of the foreseeable future is, the cost implication of employing more
existence of the Council or the services it provides. As a experienced hands.
result, those with legal needs, who do not understand the legal The case of Udofia v The State [48] is a locus classicus of the
process or have a clue as to its workings or the means of disastrous consequences of this practice.
meeting their legal needs, cannot readily access justice. Another drawback of the use of Corp members is the nature
Illiteracy is another factor that impedes the efforts of the of the National Youth Service Programme itself. Being a
Council at publicity. Awareness sensitisation programmes yearly programme, there is difficulty in continuation of such
that are published through handbills, posters, television, services rendered by a particular Youth Corper serving under
newspapers and other media do not achieve the aim of the the Council.
Council at information dissemination and education of the
masses with regard to their rights and how to access legal (d) Lack of Commitment and Poor Attitude to Work
justice when legal needs arises. A person who is unaware of A common trend in many government’s departments and
his legal rights and has no knowledge of the services available agencies, is staff lethargy or lack of adequate commitment to
to him is in no better position than he would be if there were duty. The Council is not exempted and many legal issues and
no such rights and services [41]. cases are either abandoned or lost as a result. In criminal
cases, the Defendants pay the price for this lack of diligence
(b) Operational Vehicles, Office Equipment and Supplies and commitment with deprivation of freedom and sometimes,
and Infrastructure the ultimate price, loss of life. Inadequate remuneration of
Deficit staff, infrastructure deficits and manpower has been fingered
These are all fallouts of poor funding that adversely impact on as some possible reasons for this lethargic attitude [49].
the quality of service delivery of the Council. Lamenting on Availability of funds for legal aid by other governmental
the state of its equipment for operation some 14 years back, service providers is not robust either. The provisions in the
the Council observed [42]: Nigerian Constitution, ACJA, ACJL, and the various rules of
courts on access to justice, do not translate to funding
The Legal Aid Council of Nigeria…at the moment has less allocations for the sole purpose of meeting the obligations
than ten (10) operational vehicles. Presently more than ninety imposed for instance, on Nigerian courts by these provisions.
five percent of LACoN personnel depend solely on public Local NGOs’ major sources of funding are grants from
transportation to carry out their official assignments. foreign donors, and these may sometimes be subject to
Considering the fact that the bulk of LACoN personnel are constraints and variables outside the control of the local
lawyers, two crucial professional characteristics are NGOs, with adverse effects on their goals and mandate as
inalienable from their practice. One is punctuality and the international NGOs, and other foreign governments’
other is appearance. Where LACoN personnel rely on public humanitarian or developmental donor agencies, rely on funds
transport to attend both at police station and courts the provided by their home governments or foundations/trusts
likelihood of arriving late is high. (including donations). Here also, availability of funds for on-
going or new legal aid services is determined by the policy
[43]
In 2016, Dr F.J Oniekoro narrated his experience during a thrust of successive governments or leadership. Policies

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determine areas of prioritisations by governments, donor legal aid system in Nigeria.

agencies, and foundations/trust boards. There is therefore, no
blanket cheque or assurance that a legal aid effort or a. New Perception about Access to Justice
programme no matter how impactful, will continue or grow To the politicians and policy makers, implementation of
ad infinitum in the presence of the above variables; no matter programmes and projects that will enhance their political
how minuscular the risk of funding challenges may be. relevance and thus provide electoral leverage in the next
dispensation is more important than abstract concept of access
Lack of Guidelines/Code of Conduct for Private Legal to justice. Where attempts are made, they are mere lip service
Practitioners devoid of any concrete effort. Both politicians and policy
There are no conditions or requirements that a private legal makers must begin to see the question of access to justice as a
practitioner who is willing to take up a legal aid brief for a human right that deserves protection, preservation and
fee, must meet or satisfy before the Council engages him or enforcement and not as a privilege to be enjoyed by the few
her. To be eligible for appointment by the Legal Aid Council, wealthy and educated. If legal aid is understood in the context
legal practitioners only need to register with the Council. No of human rights, there will be concerted efforts to ensure that
experience, qualification or special training is necessary. the poor and indigent in the society are afforded adequate
Also, competence and quality of service provided are not opportunities to seek redress both in court and other justice
monitored or subject to periodic review. Legal practitioners delivery options.
are therefore, recruited even if they lack any trial experience
or familiarity with criminal law or procedure or the area of b. Creation of more Windows of Accessibility to the Rural
law they are required to render their services. People
The Council and other legal aid service providers can
Language synergise to have offices or representatives that are accessible
Language barrier constitutes a great impediment to access to at the grassroots or local level in view of the challenges in
justice generally, in a country with about 300 tribes and funding. Steps should be taken to leverage on political wards
almost the same number of languages. Legal aid service and other facilities in Local Government Councils across the
providers in communicating for example, with pre-trial country. Rural town criers can also be utilised to spread the
detainees from diverse tongues, would face a herculean task news of the services of the Council amongst the rural
[50]
. Similarly is, a defendant from a remote tribe standing dwellers.
trial, and who lacks adequate understanding of the language
of the Court. c. Employment of more Experienced Legal Practitioners
There is need for more qualified and experienced lawyers
Inappropriate Professional Cultures and Attitudes who are ready to offer pro bono services and those that can be
Delays in the investigation of cases by the Nigerian Police, employed. There are many qualified lawyers in the country
unnecessary delays in the Court, and prison congestion are all without jobs. If they cannot be offered full employment due to
challenges that have been identified [51]. the cost implications and paucity of available funds, they can
Another impediment to the quick disposal of criminal cases is be recruited and utilised on a contract basis per case and paid
the attitude of staff in the Department of Public Prosecution of stipends provided that our suggestion in (g) below is taken
the various Ministries of Justice. Files that are meant for the into account with modification to provide for trainings.
DPP’s advice, take several months and even years to be
attended to, in most States of the Federation [52]. Often at the d. Independence of the Legal Aid Council
root of these delays, especially investigation by the police is We submit that the Council should be made an independent
bribery and corruption. statutory body, instead of its present status as a parastatal of
the Ministry of Justice. This independence will enable it to
Collaboration with NGOs and other Donor Agencies take appropriate decisions without the usual protocols
Because of the voluntary nature of the services rendered by associated with the civil service.
these NGOs and other donor agencies, the Council cannot
compel these organisations though registered with it, to carry e. Adequate Funding
out the Council’s mandate. It appears to be a global trend that most government agencies
established to serve the poor are usually deprived of funds and
Restriction on Offences and Financial Eligibility Status as a result, are usually epileptic in carry out their mandates. It
under the Act is a recurring decimal that these agencies always complain of
These challenges are already over flogged, but nonetheless, paucity or lack of funds. Just as was stated in (a) above,
they remain very crucial challenges. politicians must begin to appreciate the relevance of these
agencies and to match up their usual advocacy for rule of law
Conclusion and Suggestions with actions by ensuring these agencies that are targeted at the
That there are in existence statutory provisions for the poor and vulnerable elements of the society are well funded.
provision of legal aid to the poor and economically We also suggest that the Nigerian Bar Association could be
disadvantaged in Nigeria is not in doubt. However, the target made to pay a certain percentage of its yearly subventions or
group is yet to have a good impact of these statutory dues to the Legal Aid Council. This will go a long way to
provisions due to the numerous challenges already analysed in assist the Council in the realisation of its mandate.
this work. Deliberate effort must be put in place to have these
challenges surmounted. They are not beyond solution. Some (g) Provision of Guidelines/Code of Conduct for Private
of the measures therefore suggested below though utopian in Legal Practitioners
outlook, could be of immense help towards achieving a robust As a guide, it is pertinent to examine the system in the UK.

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The UK Access to Justice Act 1999 provided for a scarce resources made available by government for the
comprehensive reform of public legal aid services in England interest of the public.
and Wales and the creation of the Legal Services Commission
(LSC) to implement a new system of contracts for legal aid (i) Encouragement and Strengthening of Traditional
service providers who are primarily, solicitors and legal Justice Options
professionals, solicitors' firms, and non-profit advice It must be realised that no adequate access to justice can be
agencies. The Act empowered the Legal Services achieved by concentrating on a single justice delivery option,
Commission (LSC) to directly employ lawyers for the i.e. the Courts. Other alternative media for resolution of
provision of legal aid to the public and in furtherance of this, disputes must be identified and encouraged. One of these
the LSC in 2001, established the first six public defender options that can be of great intervention in the quest for
offices (PDS). They were subject to the same quality criteria adequate access to justice especially for the poor and
as private practitioners and firms and operated in direct disadvantaged members of the society, is the strengthening of
competition with them. Several safeguards were designed: our tradition justice system, especially in civil claims. This is
Codes of Conduct, for professionals and the staff of LSC, essentially traditional or customary law arbitration.
appointment of a professional head of service who, to ensure A functional synergy can be worked out by adopting
professional integrity, must be a person with a private sector appropriate legislative reformative measures to ensure these
experience in providing and managing criminal cases, and traditional institutions play better roles in the administration
independence of the LSC [53]. of justice. Minor offences could be referred to these
The Law Society of England and Wales [54] in response to the institutions for consideration and meting out of appropriate
quality control need of legal aid, have detailed guidelines on punishments. To make the decisions of these traditional
legal aid. The guidelines contain detailed best practices on institutions more certain, provable or ascertainable, they could
professional standards for private legal practitioners who be reduced into writing (by secretaries that would be paid
provide legal aid services. And accreditations are only stipends by the Council) and registered in the nearest native,
awarded to solicitors and legal professionals, solicitors' firms customary or area courts. Decisions of the Supreme Court [55]
and non-profit advice agencies that meet the highest standards on the ingredients for valid customary law arbitration that
of technical and client service in specific areas of law. Once a tend to give native disputants the right to resile from such
firm or individual has obtained a legal aid contract, the firm or awards (where not favourable or withdraw midstream in the
the individual, is obliged to pass periodic quality audits in process), must be overruled as bad decisions. These decisions,
order to maintain the firm or the individual’s contract status. such as Agu v Ikewibe, inflicted more injustice than serve as a
With academic assistance, the Law Society has developed reflection of our traditional practice.
evaluation criteria for monitoring the quality of legal services
rendered. Quality requirements are therefore, incorporated References
into service providers' legal aid contracts. So far, this is the 1. Black’s Law Dictionary 1030 (11th ed. 2019).
most detailed accreditation scheme run by a representative 2. Osborn’s Concise Law Dictionary, (7th ed.), Roger Bird
body of the legal profession. (ed.), (Sweet and Maxwell, London, 1983, 201.
In spite of the PDS, private practitioners in England & Wales 3. United Nations Principles and Guidelines on Access to
are still providing the bulk of legal aid services. Legal Aid in Criminal Justice Systems (UNPG), 6
There is no such effort today in Nigeria to regulate the quality (adopted in 2012 by the General Assembly Res. 67/187,
of practitioners engaged in legal aid services and the quality annex). Accessed on 8 March 2021.
of services rendered either under the Office of the Public 4. Word in italics ours.
Defender or the Legal Aid Council. We therefore, recommend 5. Black’s Law Dictionary 472 (11th ed. 2019).
the above for the Legal Aid Council and the Nigerian Bar 6. Have their validity in the Nigerian Constitution, 1999 (as
Association. amended).
7. Ayorinde B. “A Reformatory Approach to the Criminal
(h) Attitudinal Empathy Justice System in Nigeria”, 2014, available at
Reorientation, change, or cultivation of appropriate https://www.mondaq.com/nigeria/public-order/293894/a-
professional cultures and attitudes is a sine qua non to reformatory-approach-to-the-criminal-justice-system-in-
efficient dispensation of justice in any system. This is to nigeria/ accessed 14 October 2021.
ensure that all criminal justice actors work effectively and 8. Legal Aid Council News Magazine (LACON News), 2
efficiently with constitutionally given timelines in making ed., 03 - quoting a former Attorney
sure that the right of access to legal aid is respected and General of the Federation and Honourable Minister of
enforced. Bulk passing needs to stop, with key players taking Justice, Chief Chike Offodile. 2007, 2(1).
responsibility for their failures and working to improve their 9. United Nations Principles and Guidelines on Access to
commitment to access to justice. Legal Aid in Criminal Justice Systems (UNPG) adopted
Also, to curb corruption, political strong will is needed and in 2012 by the General Assembly Res. 67/187, annex., 6.
workable mechanisms must, therefore, be put in place to Accessed on 8 March 2021.
check and block openings for corrupt enrichment. There must 10. United Nations Principles and Guidelines on Access to
be internal mechanism to forestall diversion and inflation of Legal Aid in Criminal Justice Systems (UNPG) adopted
contracts by the Council and other acts of corruption by the in 2012 by the General Assembly Res. 67/187, annex.
police, the judiciary and the ministry of Justice. Realistic Accessed on 8 March 2021.
measures to deal with instances of corruption must be put in 11. Another is, the Lagos State Office of the Public
place and not to wait for agencies established to fight Defender. There are several other government units or
corruption to take up such cases. There must be internal agencies with quasi-legal aid functions. The secondary
cleansing measures in place, in order to maximally utilise the legal aid service providers comprise of the Nigerian Bar

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International Journal of Criminal, Common and Statutory Law www.criminallawjournal.org

Association (NBA), NGO’s (local and international) and Premiumtimesng.com. visited on 2 July, 2021. Mr Bayo
foreign governments’ humanitarian or developmental Akinlade was a frontline driver for these pro bono
donor agencies. services rendered by the NBA.
12. How To Obtain Legal Assistance from the Legal Aid 32. Act. S. 17; DFID, USAID, EU, the Network of
Council: A Pamphlet by the LAC, 2. University Legal Aid Institutions (NULAI), FIDA, Civil
13. Legal Aid Act, 2011 (Act), s. 8(5). Liberties Organisation (CLO), Committee for the
14. Legal Aid Act, s. 10 (1). Defence of Human Rights (CDHR), Macarthur
15. Ibid s. 10 (2) & (3). Foundation, the Ford Foundation, Open Society Initiative
16. Ibid. s. 8(1). West Africa (OSIWA), Open Justice Society (OJS),
17. Administration of Criminal Justice Act (ACJA), 2015, s. Legal Defence and Assistance Project (LEDAP), Women
6 (2), s. 267(1) & (4); Administration of Criminal Justice Aid Collectives (WACOL) and Rights Enforcement and
(Repeal and Re-Enactment) Law (ACJL), Lagos State, Public Law Centre (REPLACE), amongst others.
Laws of Lagos State, 2015, s. 3(2), s.74. 33. Most of these NGOs however, do collect subvention or
18. Legal Aid Act, s.14. grants from foreign donors such as the Ford Foundation,
19. The Constitution of the Federal Republic of Nigeria, McArthur, DFID, British Council, USAID, and so on.
1999 (as amended), s. 35(2), s. 36(6)(c) & (e); ACJA, 34. Prof Ernest Ojukwu a former Deputy Director General of
2015, s. 6 (2), s. 267(1) & (4); ACJL, s. 3(2)(a), s.74. the Nigerian Law School (Enugu Campus), Prof Tahir
20. Supreme Court Act, s. 28; Court of Appeal Act, s. 25; Mamman a former Director General of the Nigerian Law
ACJA, s. 6 (2), s. 267(1) & (4); ACJL 2010, s.3; School, and Prof Isa Hayatu Chiroma the present Director
Odediran v The State [2006] 18 NWLR (1012), 671 (SC), General of the Nigerian Law School, are the pioneers of
where it was held that for a capital offence, the Court the Clinical Legal Education Movement in Nigeria. And
must of necessity, assign a legal practitioner to the the authors have had the privilege of working with all
Defendant. three colossi. In fact, Prof Ernest Ojukwu is known as the
21. Lagos State Office of the Public Defender Law, Cap 03 Father of Clinical Legal Education in Africa. For a more
Laws of Lagos State, 2015. detailed discussion of the role of law clinics in the
22. The Lagos State House of Assembly enacted the OPD provision of access to justice, see, O. Bamgbose, “Access
Law in 2003 (now 2008) thereby giving statutory backing to Justice Through Clinical Legal Education: A Way
to the OPD’s mandate: the safeguard of the fundamental Forward for Good Governance and Development” (2015)
human rights and freedom of the vulnerable and 15 African Human Rights Law Journal, 378-396, also
disadvantaged groups, resident in Lagos State, through available at
qualitative legal aid. https://www.researchgate.net/publication/295248648_Ac
23. Office of Public Defender, OPD, available at cess_to_justice_through_clinical_legal_education_A_wa
https://opd.lagosstate.gov.ng/ > Accessed on 14 March y_forward_for_good_governance_and_development/fullt
2021. ext/56e96deb08ae77f87278fe1c/Access-to-justice-
24. Rule 48(1), Rules of Professional Conduct in the Legal through-clinical-legal-education-A-way-forward-for-
Profession, 2007 (RPC). good-governance-and-development.pdf last visited on
25. Ibid, Rule 38. May 13, 2021.
26. Legal Aid Act, s. 18(3). 35. ‘Crime Prevention Criminal Justice’,
27. Ibid, s. 18(2); Regulation 23(7)(c) of Guidelines for the https://www.unodc.org/e4j/en/crime-prevention-criminal-
Conferment of the Rank of Senior Advocate of Nigeria, justice/module-3/key-issues/3--key-components-of-the-
2018. right-of-access-to-legal-aid.html. Accessed on 9 March
28. See Uju Ude, “Rise in Pro Bono Uptake Brings its Own 2021.
Challenges in Nigeria”, The Trust, February 4, 2021, 36. Legal Aid Council News Magazine (LACON News), 2
available at https://www.trust.org/i/?id=5ce4c101-1723- edn. Vol. 1 No. 2, 2007, 09.
439b-b97b-d6abb26b22db last visited May 18, 2021. 37. Speech by Mrs. Joy Bob-Manuel, a former DG of the
29. He is very passionate about the administration of the Council, available at https://www.independent.ng/legal-
criminal justice system - monitoring the practice of the aid-council-facing-challenge-of-relevance-amid-poor-
ACJA, he is the convener of Fight against Corruption in funding/ accessed 21 November 2021.
the Judiciary (FIACIJ), and he is also engaged in serious 38. Ibid.
advocacy for legal aid through the PDSS across the NBA 39. Reference is made to an “access to justice fund” in the
branches, the Nigerian Police Force and the CDSS in the Explanatory Memorandum to the 2011 Legal Aid Act.
Judiciary. During the covid-era and the post-covid, as 40. http://legalaidcouncil.gov.ng/index.php?option=com_con
well as the period of the country-wide downing of tools tent& view=article&id=101%3Alegal-aid-council-calls-
by judiciary workers, he facilitated the assignment of for-review-of-2011-act&Itemid=145 (accessed 6 March
duty solicitors to various Magistrate Courts across Lagos 2021).
State where the need arose, to ensure litigants, especially 41. Attorney General of the Federation and Minister for
those on criminal matters, were given prompt legal Justice, Abubakar Malami (SAN) in his address at a
assistance. One of the authors had several detailed retreat organised by the Council’s Governing Board in
discussions with Mr Akinlade. October 2020. Available at businessday.ng - (accessed on
30. The British Council (EU funded) has contributed greatly 6 March 2021)
to this drive in collaboration with the Open Society 42. Oniekoro et al, Procedural Denial of Access to Justice in
Justice Initiative and the Rights Enforcement and Public Nigeria: An Appraisal of the In Forma Pauperis, African
Law Centre. Journal of Social Sciences (University of Buea,
31. Legal Aid Council only Represent Five Petitioners. Cameroon), 2018, 34.

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International Journal of Criminal, Common and Statutory Law www.criminallawjournal.org

43. LACON News, 07-08.

44. Director (Academics) (posthumous), Nigerian Law
School, Augustine Nnamani Campus, Agbani, Enugu
State.
45. ‘Legal Aid Council facing Challenge of Relevance Amid
Poor Funding’, available at
https://www.independent.ng/legal-aid-council-facing-
challenge-of-relevance-amid-poor-funding/ accessed 28th
October 2021.
46. Chief Bolaji Ayorinde (SAN), ibid.
47. The Council is presently leveraging on its partnership
efforts with various NGOs and donor agencies.
48. LACON News, Vol. 5, No. 1, 2017, 16.
49. [1988] 3 N.W.L.R. (Pt. 4) 533 - this was a trial for a
capital offence and the lawyer assigned by the
Legal Aid Council to defend the accused person was a
new wig; about one year post Call. The Supreme Court
nullified the trial; Josiah v The State [1985] 1 N.W.L.R.
(Pt.1) 125, 141.
50. Chief Bolaji Ayorinde (SAN), op. cit.
51. A. A. Ibrahim, ‘The Legal Aid Council in Nigeria:
Challenges and Possible Solutions’ Available
at SSRN: https://ssrn.com/abstract=3547025
http://dx.doi.org/10.2139/ssrn.3547025 accessed 10th
December 2021.
52. Legal Aid Council News Magazine (LACON News,
Second Edition, Vol. 1 No.2, 2007) 9.
53. Ibid.
54. Lee Bridges et al. Evaluation of the Public Defender
Service in England and Wales, 2007.
https://orca.cf.ac.uk>... Visited last on 2 July 2021.
55. The Law Society, Legal Aid @lawsociety.org.uk for a
detailed role of the Law Society in legal aid services.
Visited last on 2 July 2021.
56. See Agu v Ikewibe (1991) 3 NWLR (Pt.180) 385; Ohiaeri
v Akabeze (1992) 2 NWLR (Pt.221) 1; Oparaji v
Ohanu(1999) 9 NWLR (Pt.618) 290; Igwego v Ezeugo
(1992) 6 NWLR (Pt.249) 561; Egesimba v Onuzuruike
(2002) 15 NWLR (Pt.791) 466.

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