LEGAL AID

LECTURE - 2nd Semester

PROF. OGUGUA V.C. IKPEZE Ph.D, FCIArb, FCIMC JP

FACULTY OF LAVW, UNIZIK, AWKA
LECTURE

INTRODUCTION
The Legal profession ranks tops amongst known
professions all over the world relevant to various
classes of persons in any given society.
By that Members of the Legal Profession aim at
justice iin all human endeavour.

Thus, the common aphorism that aLawyer is a

Minister in the Temple of Justice.
Definition of Legal Aid
Black Lawdictionary defined Legal Aid as free or
legal services provided to those who cannot inexpensive
full price.
afford to pay

The Chambers dictionary also defined Legal Aid as

financial
assistance given to those unable to pay the full costs of legal
proceedings.
Legal aid is usually administered local!y by specially
established organization.
Addyour own definition.
RECENT LEGAL AID (LA) EXPANSION
Necessary legal Frame-work for Legal Aid scheme in Nigeria

For this course the 3 relevant legal frameworksare:

>Legal Aid Act, 2011 signed by the President on 3rd June 2011.
You need to know the relevant provisions that will assist in
carrying on the intendment of the Act.
>National Human Rights Commission (Amendment) Act 2010
signed by the president on 25th February 2011. Most times legal
aid is predicated on infringement on human rights. Especiallyon
illegal detension, inabilityto access legal service, non adherence
to principles of fair hearing.
>freedom of information Act, 2011 signed by the President on
27th May 2011. This law is very import as facts previously unheared
of are nowbeing exposed for necessary actions. Instructive is the
different mediastructures - print, electronic, media of all sorts.
AIM OF THE NEW LEGALAID ACT
LegalAid Act 201l1, the legal aid Council is to provide legal aid
scheme whereby the council will be responsible for the grant of
legal aid and aaccess to justice in certain matters and
proceedings topersons with inadequate resources in accordance
with provisions of the Act 2011.

The civillitigation service is for the purpose of assisting

indigent persons to access advice, assistance and
representation in court where the interest of justice demands,
to secure, defend, enforce, protect or otherwise exercise any
right, obligation, duty, privilege, interest or service to which
that person is ordinarily entitled under the Nigerian Legal
system.
 Thus,the new Act has many benefits to human rights
especially with provisions on Community Services,
recognition of NGOs, Para-region and Law Clinics,
mandatory pro bonolegal services for lawyerS, prison
monitoring and review of cases of awaiting trial
detainees.

SCOPE OFLEGALAID
Thenew Act in its 2nd schedule expanded the scope under
crimes toinclude armed robbery and under civil matters to
include accident matters, including employee's
compensation under the Employee's compensation Act
No. 13,2010.
 THE 3BROAD CATEGORIES OFLEGAL AID
SCHEME
1. Criminal Defence Service
2. Advance Assistance and representation in Court
3. Community Service
What is Community Service?
In the Act'sinterpretation sections; Section 8(7)it means:
1. Provision of general information about law and legal
system and the availability of legal services.
ii. The provision of assistance in preventing or settling
disputes about legal rights and duties.
iii. The provision of assistance in enforcing decisions by
which such disputes are resolved.
 By V.
iv.
asStreet
ProgramLawPublic
mediation section
non-Court Provision
Public organizations
individuals.and
assistance
Provisionof
Public
or
awareness 24(1)
orientation
Community of
and
advisory financial
Community
other
services
campaigns. Services,
counselling assistance
Outreaches against
include: Services
Public
services
public where
and was
awareness
education definedauthorities,
necessary
.

service, to
as include private .
well
THOSE TO ACCESS THE SCHEME
earnings are below
The oldAct provided for those whose
N5000 = (five thousand Naira)
below the
Now the new Act provides for those earning
minimum wage. See sec. 6(1)
which is very elastic
Yet gave room for special consideration
S. 6(3)and
even to those earning above the minimum wage
excluded. The Community Service, outreaches and Street
Lawyering.
NOTE: that anybody aspiring to be a Senior Advocate of
Nigeria must have handled 3 pro bono cases in the proceeding
year sec. 18(2).
By sec. 19(1) the Council has power to conduct inspection in
the prisons police cells and anywhere, where suspects are kept.
By Sec. 21(3)the Council and lawyers designate can interview.
Suspect and detainee in prisons, police cell etc.
PROBLEMS OF LEGAL AID
-Under Funding
-Lack of training in the area of desmel legal Services for
legal aid Scheme
-Limitations on those to access scheme

THE IMPORT OF PARALEGAL SERVICES

Anew innovation in the 2011 legal aid Act.
Sec. 24 (4) defined paralegal as any person although not
admitted to practice law in Nigeria performs substantial
legal tasks under the direction and supervision ofa legal
practitioner, rurai areas
By sec. 17, The legal Aid Council can engage such persons.