HOW TO IMPROVE THE SERVICES OF THE LEGAL AID COUNCIL IN NIGERIA

CONTENTS:

1.0       Introduction

2.0       Objectives

• Main Content
• Improving the Legal Aid to the people
• The Role of other Legal Aid Providers

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Readings

  INTRODUCTION

The aims and objectives of the Legal Aid Council are lofty. Achieving its objectives is  a necessity in evolving an equitable and just society. Some of the factors that will help improve the rending of legal aid to the people includes, reformation of the Legal Aid Act by way of amendment to widen its scope of legal aid, to enable it make impact, etc.

OBJECTIVES

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

• Why the NBA has not done well in rendering legal aid to the needy persons
• Why the services of other legal aid providers are necessary
• What to be done for our society to maintain its sense of fairness, etc

MAIN CONTENT

Improving the Legal Aid to the People:

Some of the factors that will help the rendering of legal aid to the people include:

• Reformation of the Legal Aid Act by way of amendment to widen its scope of legal aid, to enable it make impact
• Review and increase of the numbers of proceedings in respect of which legal aid may be given
• Increase funding by government and philanthropic bodies and persons
• Employment of adequate staff, other than external legal practitioners
• Provision of more offices and adequate facilities
• Increased enlightenment campaign in order to overcome public ignorance and create awareness. Public and private media organization should be encouraged to donate time and space regularly as a social service to promote the council and its services.
• Minor jobs should be handed to young and inexperienced lawyers for a start to enable them learn, whilst experienced lawyers are given the more serious matters, which attract stiff penalty

The Role of Other Legal Aid Providers:

Non-governmental bodies that are in the legal aid field are indeed playing a great role and are rendering a vital social service. They are helping directly or indirectly to evolve an equitable and fair society. Indeed, they are nation builders and are partners in progress with government. However, there is always room for improvement and to do more. Therefore, non-governmental organizations, which are into legal aid, especially, civil rights groups and the Nigerian Bar Association (NBA) should strive to:

• Extend their services to the States, and the grass root, apart from Lagos, a few other big cities and have a truly national coverage and render their services without discrimination or favour, and
• Public and Private media organization should donate time and space to help legal aid whilst legal aid bodies should come up with programmes on the mass media to educate and enlighten the people on their rights and duties to the country

The Nigerian Bar Association (NBA):

The Nigerian Bar Association is a body, which recognizes the need for legal aid to the indigent. Article 2 (d) of its Constitution emphasizes, “The encouragement of the establishment and maintenance of a system of prompt and efficient legal advice and aid for those person in need therefore but who are unable to pay for same”. However, the NBA has obvious advantages over other bodies, in that, it is a truly widespread and grass root organization. It must be in the forefront and continue to ensure political, economic and social justice and protection of human rights.

The Nigeria Bar Association has without doubt, a vital role to play in the protection of human rights. It is in a good position to do so, because it has branches in almost all the judicial divisions of High Court of justice in Nigeria. It has a ready grass root constituency and can very well play the role of the watchdog of government actions and human rights. Thus, the very nature and calling of lawyers, and the social essence and relevance of the NBA is to protect the rights of all persons.

Why the NBA has not lived up to its obligations?

However, the main reasons why the NBA has not done well in rendering legal aid to needy persons include:

• The problem of funding legal aid. The cost of it must be borne by someone
• Over 80% of lawyers come from low income homes. They have to provide for themselves and support their families, so that even when they want to act on humanitarian grounds, they are constrained, and
• The problem of conservatism among members, to the new and liberal idea of legal aid

However, despite these problems, the NBA must be in the vanguard of legal aid, for this is its field or profession and endeavour to have a human rights committee at every branch.

SELF-ASSESSMENT EXERCISE

Why are the services of other legal aid providers necessary?

  CONCLUSION

We have discussed the role of other legal aid providers, such as the Nigerian Bar Association, and the Non-governmental Organizations (NGOs) and the constraints hampering the effective rendering of the lofty ideas in maintaining the sense of fairness in our society. But, most importantly, we have discussed and suggested on how to improve the services of the Legal Aid Council of Nigeria.

  SUMMARY

Legal aid to indigent persons remains a crucial human rights problem. Not all the victims have the means to pursue redress.

  TUTOR MARKED ASSIGNMENT

• Legal aid to indigent persons remains a critical human rights problem; suggest how to effectively maintain the sense of fairness in our
• The Nigerian Bar Association is a body, which recognizes the need for legal aid of the needy; explain why the NBA has not lived up to its obligation in this respect.

  REFERENCES/FURTHER READING

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.