The Legal Aid Council (LAC) The concept of Legal aid in Nigeria can be said to have been birthed in 1961 when Sir Adetokunbo Ademola, the Chief Justice of Nigeria at the time, during the African Conference on the Rule of Law held in Lagos, pointed out the hollowness of a constitutional right to a fair hearing, if the financial aspect of access was ignored. That statement was the first official public acknowledgement of the need and desirability for legal aid in Nigeria.
This led to a Bill prepared by the then Honourable Attorney-General, Dr. T.O. Elias, entitled Legal Aid and Advice Act 1961 for Parliament, in order to formally establish legal aid in Nigeria.
The Bill sought to make provision for the establishment and operation of a scheme for the granting in proper cases, legal aid and legal advice, to people with low income, who could not otherwise afford to procure them for the enforcement or vindication of a legitimate right or for the purpose of obtaining a just relief. Unfortunately due to the Nigerian Civil War the Bill did not see the light of day.
This effort later gave rise to the birth of the Nigerian Legal Aid Association. The Association was made up of legal luminaries who took it upon themselves to champion the cause of providing legal aid for poor Nigerians. The Association was inaugurated on February 6th 1974. One week after the inauguration saw the launching of the East Central State Branch of the Association in Enugu. Thereafter, Branches were also launched in Lagos, Plateau, Oyo and Cross River States.[1]
The initiator of the Association was Chief Chimezie Ikeazor SAN, other members were Chief Debo Akande SAN who was the Director of Operations of the Organization, Chief (Dr) Solomon Lar C.O.N. was the Secretary General of the body. Other active members of the association include Chief Edwin Ume-Ezeoke. Chief Adebayo Ogunsanya, the then President of the Nigerian Bar Association was one of the national patrons.
The Association got immense support from the Bench during the launch of the Association’s state branches. Amongst the eminent jurists that attended the various occasions were Hon. Justices Dr. T.O. Elias, G.S. Sowemimo, Dan Ibekwe, M.O. Balonwu, Mohammed Bello, Ayo Irikefe and S.M.A. Belgore C.O.N.[1]
The efforts of the Association later culminated in the promulgation of the Legal Aid Decree or Legal Aid Act No. 56 of 1976. This Act formally introduced the legal aid scheme into law and it eventually was incorporated into the 1979 Constitution of the Federal Republic of Nigeria.
The Legal Aid Act No. 56 of 1976 was promulgated by the Head of the Federal Military Government, General Olusegun Obasanjo on 10th November 1976. This was during the tenure of the Hon. Mr. Justice Dan Ibekwe, as Attorney-General of the Federation.
By section 19(1) of the Act, the Legal Aid Act was to come into force on such a day as the Attorney-General may, by order appoint. By the Legal Aid Decree (Appointed Day) Order 1977, L.N. 30 of 1977, it was Dr. Augustine Nnamani J.S.C. then Attorney General of the Federation, who brought the provisions of the Legal Aid Act into force, on the 2nd day of May 1977. He thus established the first Legal Aid Council, in accordance with the provisions of the Legal Aid Act.
Legal Aid Council Mandate
The Legal Aid Council (LAC) of Nigeria was established by the Legal Aid Decree No. 56 of 1976. The LAC Decree was then incorporated into section 42 (40)(b) of the 1979 Constitution. The Decree has gone through several amendments;
- The Legal Aid (Amendment) Decree No. 10 of 1986 which included Civil matters for the first time in the jurisdiction of the Council.
- The Legal Aid (Amendment) Decree No.22 of 1994 which included damages for breach of Fundamental Human Rights as guaranteed under the 1979 Constitution.
- The Decree was later codified into the Legal Aid Council Act Cap L9 Laws of the Federation of Nigeria 2004.
- The Legal Aid Act Cap L9, 2004 LFN was recently replaced by the Legal Aid Act 2011 which expanded the Civil mandate of the Council and also expanded its Criminal jurisdiction to include Armed Robbery.
The Council shall establish and maintain a service to be known as the Civil Litigation Service for the purpose of assisting indigent persons to access such 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. Legal Aid shall also be granted in respect of any breach or denial of any such right, obligation, duty, privilege or service. The Council shall be responsible for the representation before any court or tribunal for such civil matters.
For more, visit www.legalaidcouncil.gov.ng
