LEGAL AID AND ADVICE IN NIGERIA

CONTENTS:

1.0       Introduction

2.0       Objectives

• Main Content
• The Recipients of Legal
• Who provides Legal Aid
• The scope of Legal Aid

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Reading

INTRODUCTION

Legal aid is the provision of free Legal Services, which is rendered to persons who by reason of their disposable income or circumstances cannot afford legal services. The Constitution provides for the provision of Legal Aid to indigent persons.

OBJECTIVES

In this Unit, you should be able to understand the following:-

• The meaning of Legal Aid
• Those who commonly enjoy Legal Aid
• The scope of Legal Aid
• The importance of Legal Aid

MAIN CONTENT

Legal Aid and Advice in Nigeria.

Legal Aid is commonly made available to several categories of persons which includes:

• Low-income earners, whose disposable income or capital fall within the financial limit prescribed by the legal aid
• Indigent persons.
• Disabled persons who have no visible or reasonable means of livelihood, and
• Other incapacitated persons, such as, prisoners, detainees, other kinds of inmates, such as inmate of a lunatic asylum, destitute, financially stranded immigrants and other persons who by reason of their circumstances have no earnings or are not earning a reasonable income

The Scope:

The scope of legal services usually provided by government through the Legal Aid Council and by non-governmental organizations and individual legal practitioners includes:

• Legal advice or counseling;
• Legal representation in criminal and civil proceedings, and
• Other Legal assistance as may be necessary

However, an applicant for legal aid must show he has reasonable grounds for:

• Asserting a claim, or
• Defending a claim

Who provides Legal Aid?

The provider or Legal Aid in other countries, as well as in Nigeria may be categorized as:-

• Government, which usually creates a public body or agency such as the Legal Aid Council, by means of a law to administer legal aid to persons who need
• Non-governmental Organisations (NGOs) and bodies, and
• Individual legal practitioners and so forth

The Scope of the Legal Aid Act

The Legal Aid Act 1976 establishes the Legal Aid Council as a body corporate with perpetual succession to offer legal aid in certain proceedings to persons with inadequate resources as provided by the Act. The Legal Aid Council is administered by a Council, which is headed by a Chairman and with representatives of several government agencies as members. However, the Council has a Director-General as Chief Executive Officer, who is responsible for the day to day running of the affairs of the Council.

The Council is empowered to establish such State branches in the States for the purposes of its services as the National Council of Ministers may from time to time direct. The National Council of Ministers may give directions of a general character to the Council with respect to its functions, which directions the Council shall carry out. The Act defines the scope of legal aid and advice to be given to applicants for legal assistance. It also establishes a fund for the Council known as the Legal Aid Fund for the activities of the Council. The Federal and State governments, philanthropic persons and bodies are free to make contributions to this fund.

The Act specifies that legal aid shall be granted only to persons whose income do not exceed N1,500 per annum. However, the Council has a discretion to offer legal aid to a person whose income exceeds N1,500 per annum on a contributory basis. In other words, the Council reserves the right to ask, such a person to make financial contribution in respect of the funding of the legal assistance as the Council may determine.

The Act provides that the Council shall not in anyway be liable to pay costs, however, awarded against a person granted legal aid. In ascertaining the income of an applicant for legal aid; the Council is required to take into account the personal income and the real property of an applicant in order to determine his qualification for legal aid.

Thus, the Council is required to make an annual report to the National Council of Ministers with respect to its operations, transactions and statement of accounts, through the Attorney General of the Federation.

The Attorney General of the Federation is empowered to make regulations generally for the better carrying on of the purposes of the Council. Finally, there is an interpretation section, where various words and terms used in the Act are defined.

SELF-ASSESSMENT EXERCISE

How has Legal Aid mediated for the less privileged in the society?

CONCLUSION

We have discussed in this Unit, the introduction of Legal Aid, those who are entitled to receive legal aid, the scope. However, legal practitioners for the time being serving the National Youth Service Corps (NYSC) may offer their services to the Council free of charge without payment.

SUMMARY

The Council is empowered to maintain a list of legal practitioners willing to act for persons receiving legal aid for different purposes, for different courts and for different districts. The provisions for miscellaneous and supplementary matters, makes the Act a workable one. These include the prohibition of the disclosure of information furnished to the Council.

  TUTOR MARKED ASSIGNMENT

• What do you understand by the term Legal Aid, and who provides Legal Aid?
• Review the Legal Aid

  REFERENCE/FURTHER READING

Ese Melami, (1999) – Outline of Nigerian Legal System, Lagos, Grace Publishers Inc.

Kiralty, A. K. R., (1960) – The English Legal System, London, Sweet and Maxwell.

Tappan, P. W., (1960) – Crime, Justice and Correction, NY, McGraw Hill Bk. Co.