Legal Aid

Legal aid or legal assistance is by no means a new phenomenon. It is the nature of an African to assist his neighbor or relative when he is involved in a dispute, and every dispute necessarily has some legal aspects. Section 46 of the Constitution provides that the national assembly may confer upon a high court such powers as may be necessary or desirable for the purpose of enabling courts more effectively exercise the jurisdiction conferred upon it and shall make provisions for

• Rendering of financial assistance to any indigent citizen of Nigeria where any of his/her fundamental rights has been infringed upon.
• Ensuring that allegation of infringement of such rights are substantial and the requirement or need of legal aid is real.

This special jurisdiction of the High Court is to assist any person who alleges that any of the provisions of Chapter IV of the Constitution has been, is being, or is likely to be contravened in relation to him to seek redress. For this reason, the Legal Aid Act should be read in conjunction with the Fundamental Human Rights provisions in the constitution.

The Legal Aid Act 1976 was established for the purpose of aiding indigent citizens in their cases, and the act established the Legal Aid Council and charged it with the responsibility for the operation of the scheme for the grant of free legal aid to persons with inadequate resources. In some cases, persons of moderate means may be granted legal aid, but such persons may be required to contribute towards the legal expenses so incurred or to be incurred. Legal Aid is granted to those eligible for it in all courts.

Legal Aid Council

The Legal Aid Council is a body corporate with perpetual succession and a common seal. It can sue and be sued in its corporate name. The Legal Aid Council has responsibility for legal aid and in respect of persons so entitled. The Council consists of the following.

1. A chairman to be appointed by the National Council of Ministers.
2. A representative of the Attorney General.
3. A representative of the Ministry of Finance.
4. A representative of the National Youth Corps Directorate.
5. Two representatives of the Nigerian Bar Association, to be appointed by the National Council of Ministers.
6. The Director of legal aid.
7. Five other persons to represent interests not otherwise represented, to be appointed by the National Council of Ministers.

The Legal Aid council is to create an environment of justice and fairness through the provision of legal aid and assistance in appropriate cases. Legal aid may be granted in both civil and criminal cases. No legal aid shall be granted in respect of the following.

• Any matter not specified in the statute.
• Any matter before any court or tribunal before which persons have no right to be defended or represented by a legal practitioner.
• In civil proceedings where the Director or other person authorized is not satisfied that the person has reasonable grounds for taking, defending or being a party thereto.
• Any matter in which it appears unreasonable that he should receive aid in the particular circumstances of the cas