We welcome government’s decision to rejuvenate the Legal Aid Council
The information by the Minister of Justice and Attorney-General of the Federation, Mr. Abubakar Malami, (SAN), that the Federal Government plans to reposition the Legal Aid Council is a welcome development. In a country noted for crushing poverty, it is strange that such an important organ to help the poor have access to justice has been comatose for years. Yet section 46(4)(b) of the 1999 constitution enjoins the National Assembly to make provision “for the rendering of financial assistance to indigent Nigerians” to pursue their fundamental rights.
By refusing to fund the Legal Aid Council, the Federal Government has over the years been denying the indigent citizens a constitutionally guaranteed fundamental right. So, we welcome the promise by the federal attorney-general to ensure adequate funding of that important organ of state. He made the promise at the two-day retreat for management staff and state heads of Legal Aid Council, held in Lokoja, Kogi State, titled: “Repositioning Legal Aid Council for Better Service Delivery.”
In his keynote address, the minister said: “I am aware of the challenges being faced by the council, created in 1976 to provide free legal services to poor Nigerians who cannot afford the services of private legal practitioners.” He went on: “Most of the challenges scaled down basically to inadequate funding, and l have approved the establishment of the “Legal Aid Access to Justice Fund.” He also stated “The approval, for the establishment of the fund, is in line with the provisions of Legal Aid Act, 2011 and it will entail a formal launching by the ministry with federal and state governments, public spirited organisations and individuals donating to the fund.”
While it may be helpful to create a funding window for the council, the attorney-general must ensure that adequate funds are provided by government for the organisation, as it cannot rely entirely on third party funding to feel the gap. Of course, the constitution clearly enjoins the National Assembly to ensure that such funding is provided for the agency. We hope the council members and other stakeholders referred to share in the vision of the minister, when he said: “I am optimistic that when it becomes operational, most of the challenges will be resolved and this will greatly assist the council in its operations.’’
The major work to revitalise the council and project it to perform its constitutional responsibility as the protector of the down trodden, would be done by the newly appointed director-general, Aliu Abubakar, and his council members. In choosing him to head the revitalisation of the Legal Aid Council, we hope due diligence was done on his capacity and competence. It will be sad if he is merely appointed because of extraneous considerations, such that he takes over to mark time, like some of his predecessors.
We note however that the new director-general started well by organising a retreat, and we expect the management and state heads to fashion out a clear vision and mission on how the council will meet its statutory obligations. In recruiting its lawyers, the council should seek the best that it can afford. While the services it renders are not to be paid for by the recipients directly, it is not an excuse not to provide quality service to the indigent beneficiaries. So, those recruited must have the requisite experience and proper orientation to provide quality service.
The council must also ensure that the lawyers providing service to indigent Nigerians are not treated like indigent lawyers. Their terms of service must be comparable to their colleagues’ in the ministry. If they are well treated, they would also treat their ‘clients’ well and discharge their professional responsibility to the best of their ability. The council should have a working relationship with the federal and state ministries of justice, so that qualified personnel could be seconded to the council, and vice versa.
Interestingly, section 36(6)(c) of the 1999 constitution provides that, “every person charged with a criminal offence shall be entitled to – defend himself in person or by legal practitioners of his own choice.” While an indigent who wants a legal practitioner will be unable to call the shots as to the legal practitioner of his choice from the Legal Aid Council, the management should fashion out a model to enable a beneficiary change his counsel where the one assigned proves incompatible.
Of note, sub-section 6(b) provides that a person charged should “be given adequate time and facilities for the preparation of his defence.” For serious criminal charges, perhaps the makers of the constitution envisage such facility to include legal aid for an indigent fellow. There is no doubt that the provision of section 46(4)(b) of the constitution is to further reinforce the defence of a fundamental right. The Legal Aid Council should live up to that provision.
