A legal practitioner, Simon Abel, says access to justice has remained a major challenge for low-income earners in Nigeria, forcing many citizens to abandon legitimate claims.
Mr Abel made this known in an interview with the News Agency of Nigeria (NAN) on Thursday in Abuja.
He said that accessing justice goes beyond paying lawyers’ fees, as litigants also incur costs for court filing, preparation and service of court processes, transportation, and obtaining documents.
The lawyer also said prolonged court proceedings, repeated appearances and incessant adjournments further increase the financial burden, especially when the dispute involves a relatively small amount of money.
According to him, as a result, many Nigerians now abandon legitimate claims, tolerate injustice or resort to informal means of resolving disputes, even where formal legal remedies may be necessary.
“For instance, a low-income earner whose salary is barely sufficient to meet basic needs may be unable to afford legal representation in a land dispute, an employment matter or a case involving the violation of his/her fundamental rights.
“So, while lawyers are entitled to reasonable fees based on complexity and time required, the economic reality of many Nigerians makes adequate representation difficult,” he said.
He, however, said that legal services are not entirely out of reach for the poor, as the Legal Aid Council of Nigeria, established under the Legal Aid Act 2011, provides free legal assistance to eligible indigent citizens.
“We have pro bono services by lawyers, university law clinics and alternative dispute resolution mechanisms such as mediation, arbitration and conciliation promoted by the Federal Ministry of Justice.
“Although the availability and effectiveness of these alternatives vary across states,” Abel said.
He called on government to strengthen funding and expand the reach of legal aid institutions, promote pro bono services and intensify public awareness on availability of free legal assistance.
He also urged courts to adopt efficient case management system to minimise unnecessary delays and expenses, while encouraging the use of Alternative Dispute Resolution where appropriate.
“You see, justice is not necessarily unavailable to the average Nigerian, but the cost of obtaining it makes it practically difficult.
“A legal system cannot fully achieve its purpose if citizens possess rights in theory but lack the financial means to enforce them.
“Making legal services affordable and accessible is essential to upholding the rule of law, equality before the law and public confidence in the judiciary,” he said.
NAN
