Legal aid services in Nigeria and united states of America: an epileptic justice system
Abstract:Equal and efficient access to justice system is lacking among the citizens of Nigeria
and United States of America due to economic problems, lack of appropriate
mechanisms and avenues that could guarantee the right of access to court and
access to justice and inadequate legal aid services. Therefore, there is need to
eradicate or, at least, reduce the barriers militating against adequate opportunity to
access courts and justice by the low-income persons. This paper seeks to examine
the concept and effects of legal aid services in Nigeria and United States of America
as it affects the right of access to court and right of access to justice of the citizens
of the two countries under review. The paper adopted doctrinal approach which
entails library – based analysis of the content of both the primary and secondary
sources of information. The primary sources in this regard include the various
international instruments such as the Universal Declaration of Human Rights,
1948, Canadian Charter of Rights and Freedoms 1985, African Charter on Human
and Peoples’ Rights (Ratification and Enforcement) Act, Legal Services
Corporation Act of 1974, the European Convention on Human Rights as well as
national legislations such as the Constitution of the Federal Republic of Nigeria,
1999 (as altered), and the Constitution of the United States of America, Legal Aid
Act, Cap L9, L.F.N; 2011and case laws. The secondary sources on the other hand
are textbooks, journal articles, law reports, newspapers and internet materials. The
paper found that despite the provisions of the Laws mentioned above, viz-a-viz the
Constitution of the Federal Republic of Nigeria, 1999, the Constitution of the
United States of America 2007 and the European Convention on Human Rights,
some problems are impeding the actual implementation of adequate legal aid
services to the prospective beneficiaries in Nigeria and United States of America.
This paper concluded that for people to enjoy effective and efficient access to court and access to justice through legal aid services, the government should establish a
number of mechanisms and avenues that would guarantee the right to access to
court and access to justice through legal aid services in civil and criminal cases
alike to everybody, irrespective of their financial positions. This will further activate
proper dispensation of substantial justice to all citizens on equal basis without any
form of discrimination or bias.