THE NECESSITY OF LEGAL AID

CONTENTS:

1.0       Introduction

2.0       Objectives

• Main Content
• The necessity of Legal Aid
• Reasons why people do not seek legal Remedy
• The problems of the Legal Aid Council

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Readings

INTRODUCTION

Law and the judiciary or the legal system is an effective means of protecting human rights and fundamental freedoms and for guarding against political, economic and social injustice. However, the legal machinery may be hampered by a combination of problems, such as, structural, legal and administrative.

OBJECTIVES

By the end of this Unit, you should be able to know the following:

• Why a breach of due process occur;
• Reasons why people do not seek legal remedy;
• Reasons for the problems of the Legal Aid Council;
• Why legal aid is a necessity;

MAIN CONTENT

The Necessity of Legal Aid:

When a violation of human right occurs and the victim cannot seek or obtain redress, due to one or a combination of problems, a breach of due process occurs. A breach of due process occurs in different forms. It may be abuse of power, impunity of members of the armed forces, misuse of discretion, criminal punishment without fair trial, arbitrary arrest, detention without trial or bail, unexplained or unfair denial of bail, torture, cruel, inhuman and degrading treatment, unfair dismissal, discrimination and any unfair legislative, executive or judicial act which contravenes the idea of justice, are all breaches of due process.

One commonest way people deal with problems is to deny its existence.   However, in Nigeria as in other nations of the world today, the necessity of providing legal aid for indigent persons who are in need cannot be over-stressed. It is a social, economic and political necessity, for the emancipation good and advancement of society. Thus, the identification of this need led to the establishment of the Legal Aid Council by the Federal Government of Nigeria in 1976, as an official or public legal aid scheme to provide legal aid to indigent persons in need of legal assistance.

Reasons why people do not seek legal Remedy:

Some of the factors which often prevent people, especially, low income earners, from seeking or obtaining redress include:

• Lack of Funds;
• Illiteracy;
• Ignorance;
• Intimidation; and so forth

The problems of the Legal Aid Council:

The problems of the Legal Aid Council in realizing the lofty objective of rendering legal assistance to all indigent person in need of legal aid across the country, include:

• The limitation of the scope of legal assistance, the council is by law permitted to give. This narrow mandate makes its services to lack impact and relevance
• Inadequate funding by government and philanthropic bodies and persons
• Inadequate facilities to carry out its functions
• Inadequate personnel
• Lack of nearness to the people. Most offices of the council are located in the Federal and State capitals and their services and addresses are hardly advertised. People do not know where the offices are located; as a result, people are therefore unaware of the Council and ignorant of its services

Therefore, there is difficulty in reaching the people who need the services of the Council and vice versa. The Council relies mainly on application from persons seeking aid, references from courts, police, prisons and direct contacts for its out reach.

SELF-ASSESSMENT EXERCISE

Given the problems Legal Aid faces currently how can it effectively address the problems of the needy.

CONCLUSION

However, all over the country, the activities of the Council must be intensified. The Council must have definite direction and focus. Its services must have depth and impact. On the other hand, government must at all times strive to improve the welfare of the people in line with the Fundamental objectives and Directive Principles of State

Policy, contained in Chapter 2 of the 1999 Constitution of the Federal Republic of Nigeria. Thus, the government must mobilize the people and also invest in infrastructure, which will help to empower the people, to be in a position where the average person, can have easy access to the basic necessities of life.

SUMMARY

However, the goals and objectives of this lofty reasoning for establishing the Legal Aid Council by the Federal Government of Nigeria in 1976, would be realized only when there is increase of hope in a person, improvement of awareness and intellect of a person. When people are freed from diseases and dependence, when a person’s zeal for life is enhanced, only when a person feels enthusiastic about the future, etc.

TUTOR MARKED ASSIGNMENT

• When do you think that all breaches of due process occur?
• In 1976, the Federal Government of Nigeria, established the Legal Aid Council as a matter of expediency. However, has this lofty objective been achieved?

REFERENCES/FURTHER READING

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

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

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