Enhancing the Legal Aid Provision in Nigeria through Regulatory Intermediaries

Abstract

Legal aid is arguably one of many undervalued fundamental rights in numerous jurisdictions – Nigeria included. Hence there is more emphasis on the right to a fair trial and less on how it is to be achieved if the litigant cannot afford the services of a lawyer for legal representation and legal advice. In a broader sense, it is described in line with access to justice which means that all individuals have the right to be treated fairly before the law and are entitled to seek redress if such protections are violated. The right to legal aid relates more specifically to the ability to access judicial institutions via legal personnel who protect the rights of individuals faced with litigation for free – as long as they are eligible – and, more importantly, to maintain an individual’s privilege to be heard before the courts regardless of their social standing. The laws and rules that guide the legal aid provision in Nigeria are extensive at the international and national level. However, accessing legal aid in Nigeria is still a distant reality for many that need it the most, especially those that are faced with the possibility of prolonged detention if they remain without access. The obstacles facing the legal aid provision in Nigeria often points to the lack of funding, inadequate legal aid providers, lack of awareness, etc. which are credible and thoroughly executed in the extant literature. However, this article departs from the usual discussion on impediments and possible solutions, e.g. adequate funding, increased scope of providers, encouragement of awareness through community projects, etc. but aims to examine another auspicious approach that could improve the operations of the legal aid scheme from a practical perspective. The objective is to create a feasible implementation strategy involving legal aid providers, devoid of government interference through regulatory intermediaries.