LEGAL AID COUNCIL

 CONTENTS:

1.0       Introduction

2.0       Objectives

• Main Content
• Legal Aid Regulations
• Non-Government Organizations
• Individual Legal Practitioners

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Readings

INTRODUCTION

The Legal Aid Council is an agency of the Federal Government. It was established by Legal Aid Council Decree No..56 of 1976. The Council is regulated by the Legal Aid Act of 1976, which is an Act to provide for the establishment of the Legal Aid Council, which is responsible for the operation of a scheme for the grant of free legal aid in certain proceedings to persons with inadequate resources. The Legal Aid Act is an Act with 20 sections, some of which sections are broken into sub-sections. The Act also has two schedules. The First Schedule deals with supplementary provisions relating to the Council, the Council, while the second Schedule stipulates the proceedings in respect of which legal aid may be given to an applicant. The Act also contains a subsidiary legislation known as the Legal Aid Regulations, which makes provision for how legal aid should be dispensed by the Council.

OBJECTIVES

In this Unit, you will know the following:

• How the Legal Aid Council renders legal aid to needy
• Legal aid
• How NGOs render or offer legal aid,

MAIN CONTENT

Legal Aid Regulations:

The Act contains a subsidiary legislation known as the Legal Aid Regulations which makes regulations with respect to circumstances where legal aid may be given, application for legal aid, eligibility for legal aid, the determination of the means and needs of an applicant for legal aid, the valuation of the asset of an applicant, contribution of money to the Council by an applicant whose income exceeds N1,500 per annum, choice of a legal practitioner by an applicant from the list of legal practitioners rendering services to the Council in respect of applicants benefiting from legal aid, receipt of monies by legal practitioners, discretionary powers of the Council to terminate legal assistance, production of file in respect of other matters, notice of termination of legal aid, limited liability of the Council, approval of the Council before the briefing of a legal practitioners, termination of legal aid with the consent of the Council of the Council, terms and conditions of matters assigned.

Non-Governmental Organizations (NGOs):

Non-governmental Organizations (NGOs) also offer legal aid. These bodies are:

• Civil rights groups
• Women Associations, such as the National Council of Women Societies (NCWS).
• Religious bodies, such as, Churches
• Friendly or humanitarian societies and so forth

These bodies may have a committee, which holds legal clinics, and give legal advice or other forms of legal assistance to members and to deserving non-members. Among non-governmental organizations, civil rights groups are in the forefront of the provision of legal aid to persons in need. Among the civil right groups in Nigeria are:

• Civil Liberties Organization
• Campaign for Democracy
• Constitutional Rights Project
• Committee for the Defence of Human Rights
• Universal Defenders of Democracy
• Shelter Rights Initiative and so forth

Individual Legal Practitioners:

Time and time again, individual lawyers who are moved by the plight of an accused or person in need of legal aid have rendered legal assistance to such person, whether or not, by way of dock brief, out of compassion and charitable convictions in the interest of public good.

SELF-ASSESSMENT EXERCISE

Discuss how the Legal aid Regulations are in consonance with the Nigerian state.

CONCLUSION:

In this Unit, we have discussed the Legal Aid Regulations, Non-governmental Organizations, and Individual Legal Practitioners. However, it is pertinent to remind ourselves again that the Legal Aid Council is an Agency of the Federal Government, and it was established by the Legal Aid Council Decree No.56 of 1976, as amended by Decree No. 22 of 1994 regulating or making provision for how legal aid should be dispensed by the Council.

 SUMMARY

The Legal Aid Council renders legal aid to needy persons in respect of the proceedings in a court or tribunal wholly or partly in respect of crimes of the certain descriptions, or as near to those description as may be, respectively in any criminal code or panel code.

  TUTOR MARKED ASSIGNMENT

What are the duties of NGOs and the Individual Legal Practitioners in ensuring that legal aid reaches to the needy?

  REFERENCES/FURTHER READINGS

Akintunde Obilade O., (1990) – The Nigerian Legal System, Owerri, Spectrum Law Publishing.

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.