Fagbemi to Legal Aid Council: Poverty Shouldn’t Be Barrier to Justice 

Alex Enumah in Abuja 

The Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), has charged the Legal Aid Council of Nigeria (LACoN) to ensure all Nigerians are able to access justice irrespective of economic conditions.

Fagbemi gave the charge on Wednesday in Abuja, during the inauguration of the Board of LACoN.

The AGF predicated his charge on his conviction that access to justice is not a luxury but rather a prerequisite for national security, public trust and socio-economic harmony. 

It has been stated that over 70 per cent of inmates in correctional centres across the country are persons that could hardly pay little fines imposed on them over trivial matters or could not afford the services of a legal practitioner to defend them in court.

Speaking at the inauguration ceremony, the minister, who observed that the Legal Aid Council serves as the moral compass of the country’s justice delivery system, stated that: “In a society where economic disparities can hinder the assertion of basic rights, the council ensures that poverty is never a bar to justice.”

He further pointed out that Section 19 of the LACoN Act specifically mandated the council to visit correctional facilities, police cells and detention centres to monitor awaiting-trial inmates. 

“I therefore charge the board to provide strong policy direction so that management can aggressively deploy operational mechanisms including the Police Duty Solicitors Scheme (PDSS) and the Court Duty Solicitors Scheme (CDSS) to reduce detention facility congestion, clear court dockets, and safeguard fundamental human rights at early contact points.

“Furthermore, the board must note that navigating current operational challenges requires both strategic vision and innovative resource management. I urge this board to key into the ongoing reforms under the Administration of Criminal Justice Act (ACJA) and actively contribute to its legislative amendments so that our legal frameworks remain responsive to contemporary realities and global best practices. 

“Furthermore, you must look beyond traditional budgetary allocations by cultivating partnerships with development partners, strengthening pro bono networks with the Nigerian Bar Association, leveraging legal technology, and building seamless inter-agency synergy with the judiciary, law enforcement agencies and civil society. 

“Let me emphasize that the mandate of the Legal Aid Council is directly central to the legal reform agenda of the Federal Ministry of Justice and the priority areas of the president. Access to justice is not a luxury; it is a prerequisite for national security, public trust and socio-economic harmony. The ministry remains fully committed to supporting the council through policy coordination, inter-agency advocacy and institutional strengthening,” Fagbemi said.

Meanwhile, the chairman of the board, a renowned Nigerian jurist and former Chief Judge of Kwara State, Justice Sulyman Durosinlohun Kawu (rtd.), has expressed the readiness of his team to work assiduously with stakeholders in the justice sector to justify the confidence reposed in them.

He disclosed that the new board would be meeting the following to see how they can quickly address the issue of access to justice by the many poor and indigent citizens especially in the rural areas.

“We have six zonal offices of Legal Aid, and 36 state offices. Our plan is to examine the possibility of extending legal aid services to all the 774 local government areas including all the development areas. It will require more resources, recruitment of staff, of lawyers, collaborating with other stakeholders to get pro bono services, especially in rural areas where the majority of indigenous Nigerians reside, and where we have most of the courts; lower courts, they predominate in rural areas. We have a lot of people unrepresented. We have a lot of people in police cells without anybody knowing what is happening to them.

“We intend to go to all the nooks and crannies of Nigeria to find out exactly what is happening, who has run foul of the law and how we can assist them,” he said.

Kawu, while acknowledging the challenge of funding faced by the federal agency, said he would seek partnership with state governments, so as to decongest the correctional centres and other detention facilities.