ACCESS TO JUSTICE IN NIGERIA: THE ROLE OF LAWYERS IN PUBLIC INTEREST LITIGATION

Contributor: Okosa Chinwendu Marycynthia

Introduction

Access to justice is a foundational pillar of the rule of law, and an indispensable component of any democratic society.^[1] It connotes more than the mere ability to approach a court of law; rather, it encompasses the practical and effective opportunity for individuals, particularly the poor and socially disadvantaged, to assert and enforce their legal rights without prohibitive cost or undue impediment.

In the Nigerian context, where poverty and systemic inequalities continue to undermine the enjoyment of fundamental rights, access to justice assumes heightened significance. The Constitution of the Federal Republic of Nigeria (CFRN) 1999 recognises this through its provisions, which empower any person to seek redress in the High Court for the enforcement of fundamental rights,^[2] and the Fundamental Rights (Enforcement Procedure) Rules, 2009, which further liberalise access through relaxed rules of locus standi.^[3]

Beyond these mechanisms, public interest litigation (PIL) has emerged as a strategic tool for advancing the rights of marginalised groups, securing environmental justice, and promoting transparency in governance. However, persistent challenges such as chronic underfunding, lack of public awareness, bureaucratic delays, and judicial inefficiency continue to impede the attainment of justice for all.

This paper interrogates the constitutional and institutional arrangements for guaranteeing access to justice in Nigeria, with particular emphasis on the roles played by legal aid and public interest litigation. It further examines the practical challenges that undermine these mechanisms and proposes comprehensive reforms to ensure that justice is not a privilege reserved for the affluent, but a right accessible to every citizen, irrespective of socio-economic status.

Legal Framework for Access to Justice in Nigeria

1. Constitution of the Federal Republic of Nigeria 1999: The CFRN 1999 confers on every individual the right to approach a High Court for the enforcement of fundamental rights guaranteed under Chapter IV of the Constitution. Specifically, it provides that any person who alleges that any of Chapter IV has been, is being or is likely to be contravened in relation to him may apply to a High Court in that State for redress.^[4] Hence, this provision ensures both preventive and remedial access to justice by allowing actions against imminent or ongoing violations.

In furtherance of the above, the CFRN empowers the Chief Justice of Nigeria to make rules for the enforcement of these rights.^[5] It is this provision that led to the making of the Fundamental Rights (Enforcement Procedure) Rules (FREP) 2009, which liberalized the position of the law on locus standi.

Importantly, also, that same section made a laudable provision that ensures that justice is accessible by all citizens, including those who may ordinarily be prevented from approaching the court to enforce their rights as a result of certain challenges, such as the inability to defend themselves or hire a legal practitioner to do so. It provides that the National Assembly shall make provisions for the rendering of financial assistance to any indigent citizen of Nigeria where his right under Chapter IV has been infringed or with a view to enabling him to engage the services of a legal practitioner to prosecute his claim.^[6] However, the allegations of infringement of such rights must be substantial, and the need for financial or legal aid must be real.^[7]

The constitutional guarantee under Section 46, therefore, serves as the bedrock for judicial enforcement of human rights in Nigeria, ensuring that access to justice is not merely aspirational but legally enforceable.

1. The Fundamental Rights (Enforcement Procedure) Rules, 2009: The Rules are made pursuant to section 46(3) of the CFRN 1999. It represents a significant reform aimed at enhancing access to justice for the enforcement of rights in Nigeria. These Rules replaced the 1979 version and introduced progressive features that are designed to remove procedural bottlenecks and technicalities.^[8]

The FREP Rules 2009, in its Preamble, specifically provide that the court shall proactively pursue enhanced access to justice for all classes of litigants, especially the poor, the illiterate, the uninformed, the vulnerable, the incarcerated, and the unrepresented.^[9] By doing so, the law tries to ensure that every citizen gets equal access to justice. Furthermore, on the liberalization of the concept of locus standi in Nigeria, it provides that “the Court shall encourage and welcome public interest litigations in the human rights field and no human rights case may be dismissed or struck out for want of locus standi. In particular, human rights activists, advocates, or groups, as well as any non-governmental organisations, may institute a human rights application on behalf of any potential applicant.”^[10] For the purposes of clarity, in human rights litigation, an applicant may include any of the following:

1. Anyone acting in his own interest;
2. Anyone acting on behalf of another person;
3. Anyone acting as a member of, or in the interest of, a group or class of persons;
4. Anyone acting in the public interest, and
5. Association acting in the interest of its members or other individuals or groups.^[11]

Thus, the FREP Rules 2009 significantly broaden the scope of access to justice, aligning judicial processes with constitutional and international human rights standards.

1. The Legal Aid Act 2011: The Act provides the statutory framework for the operation of the Legal Aid Council in Nigeria, which is tasked with offering free legal assistance and representation to persons entitled thereto.^[12] The grant of legal aid shall be provided by the Council in three broad areas, including Criminal Defence Service, Advice and Assistance in Civil matters, including legal representation in court, and Community Legal Services, subject to the merits and indigence test for the parties.^[13]

Generally, legal aid is to be given to persons whose income does not exceed the national minimum wage.^[14] Notwithstanding this provision, the governing board may, in exceptional circumstances, grant legal aid service to a person whose earning exceeds the national minimum wage.^[15]

Point must be made that despite the fact that the Legal Aid Act 2011 has laudable objectives, the implementation of the Act faces significant challenges, such as chronic underfunding. These hinder the effective implementation of the Act.

Institutional Mechanisms for Access to Justice in Nigeria

The Legal Aid Council

The Legal Aid Council of Nigeria (the Council) is the statutory body established under the Legal Aid Act, 2011, to provide free legal assistance to indigent persons who cannot afford legal representation. As noted earlier, the primary mandate of the Council includes Criminal Defence Service, Advice and Assistance in Civil matters, and Community Legal Services.

The Council is working towards ensuring that it discharges the functions conferred on it by the Legal Aid Act 2011. The Council has reported that it handled no fewer than 7,140 cases in 2024 and a total of 6,709 in 2023.^[16] The Council noted that 4,120 of the 2023 cases were concluded, marking a significant milestone in its 48-year history of providing free legal services to indigent Nigerians.^[17] Despite its significance, the Council faces major challenges. These include inadequate funding, insufficient personnel,^[18] and limited geographical presence,^[19] which restrict its reach to rural and underserved communities. Nonetheless, the Council remains a critical institutional mechanism for advancing access to justice, particularly for vulnerable groups, and its effectiveness depends on increased resources and stronger institutional support.

Non-Governmental Organizations and Civil Society Organizations

Non-governmental organizations (NGOs) and civil society organisations (CSOs) have become indispensable in the institutional landscape, ensuring legal access for Nigerians who are vulnerable. For instance, Hope Behind Bars Africa, founded in 2018, has deployed pro-bono legal services and technology-driven outreach to assist over 7,500 incarcerated individuals, including freeing 90 detainees linked to the EndSARS movement and advocating for non-custodial justice reforms.^[20]

Also, the International IDEA–RoLAC programme, in collaboration with NGOs, the Council, and local Bar branches, ran week-long legal clinics across Adamawa, Anambra, Edo, Lagos, Kano, and Abuja.^[21] These clinics provided free legal aid to hundreds, resolving tenancy issues, domestic violence cases, and unlocking detainee releases in prisons through the Police Duty Solicitor Scheme.

Thus, these engagements show that NGOs and CSOs deliver justice, shape policy, and bridge institutional gaps in the country.

Pro Bono Legal Services

Pro bono is short for “Pro bono Publico” a Latin phrase which means “for the public good”. It is a term often used in the description of the provision of free legal services by lawyers to the people in need of such services, who are unable to afford them.^[22] What distinguishes pro bono services from legal aid services is that while legal aid services are sponsored by the government, pro bono services are provided by lawyers in their professional capacities without anticipation or receipt of payment.^[23]

Pro bono services play a critical role in ensuring access to justice for indigent and marginalized Nigerians. Ethically endorsed by the Nigerian Bar Association, the NBA’s 2009 Pro Bono Declaration encourages each lawyer to contribute at least 20 hours annually, and law firms to allocate comparable averages per lawyer.^[24]

In practice, for instance, the Justice Research Institute (JRI) has coordinated over 500 volunteer lawyers and 16 law firms via its Abuja-based clearinghouse, successfully completing 173 pro bono cases across states like Kaduna, Osun, Ogun, and Sokoto, thereby covering pre-trial detainees, survivors of sexual and gender-based violence (SGBV), and dismissed employees.^[25]

These mechanisms exemplify how structured pro bono networks directly deliver legal support to those who would otherwise lack representation. This translates theory into tangible outcomes and bridges institutional justice gaps.

Public Interest Litigation (PIL) as a Tool for Access to Justice in Nigeria

PIL refers to legal actions initiated to uphold public rights, often by individuals or groups without direct personal interest, recognizing that certain grievances transcend individual interests and affect society at large.^[26] It has become a vital instrument in Nigeria for advancing human rights, environmental justice, and equality before the law, especially for vulnerable communities.

A landmark case in Nigerian PIL jurisprudence is Chief Gani Fawehinmi v. Halilu Akilu & Anor.^[27] This decision relaxed the traditionally restrictive concept of locus standi, allowing an individual to pursue justice on behalf of the public interest. The Supreme Court held that private citizens could initiate legal action, specifically mandamus, to compel public officials such as the Director of Public Prosecutions to act, even if the citizen was not directly affected.

The impact of PIL on marginalized groups has been profound. It empowers NGOs, activists, and concerned citizens to seek redress for systemic injustices affecting groups that might otherwise lack the means or standing to litigate, such as victims of environmental degradation, women facing domestic violence, or communities denied educational or health rights.

Persistent Challenges to Access to Justice in Nigeria

1. Judicial Delays and Systemic Backlogs: Over 243,253 cases were pending in Nigeria’s superior courts as of early 2024, comprising both civil and criminal matters.^[28] Furthermore, a lot of cases remain unresolved for a long period in Nigeria. This highlights chronic inefficiency in adjudication.
2. Corruption and Eroded Public Confidence: Judicial corruption remains a severe problem in Nigeria. Where corruption exists, the vulnerable, including the indigent, may not be able to access justice in the country.
3. Inaccessibility under the Legal Aid Act: Legal aid in Nigeria remains largely inaccessible due to severe underfunding and inadequate staffing. Many rural and marginalized citizens cannot afford legal representation, leaving them vulnerable to injustice. Limited resources mean the Council struggles to cover cases effectively, weakening efforts to provide equal access to justice nationwide.
4. Bureaucratic Delays: Bureaucratic delays in Nigeria’s justice system are a major obstacle to the timely resolution of cases. Lengthy administrative processes, frequent adjournments, and excessive paperwork tend to slow down proceedings. These delays discourage citizens from seeking redress, prolong detention for indigent defendants, and erode public trust in the judiciary’s ability to deliver prompt justice.
5. Lack of Public Awareness: Many Nigerians remain unaware of their legal rights and available justice mechanisms. This lack of awareness limits the use of legal aid, public interest litigation, and constitutional remedies. As a result, people often resort to informal systems or endure violations, reinforcing inequality and denying access to justice to vulnerable groups.

Conclusion and Recommendations

Access to justice in Nigeria remains a constitutional promise challenged by systemic inefficiencies, poverty, and lack of awareness. Strengthening legal aid and combating structural barriers are essential to ensure justice is not a privilege but a fundamental right accessible to all, regardless of socio-economic status.

The following is thereby recommended:

1. The government should allocate adequate resources to the Legal Aid Council and institutional justice mechanisms.
2. The government should establish more offices and recruit trained personnel in rural areas and work towards making provisions for their upkeep in those areas. This includes constructing infrastructures and providing basic amenities in these areas.
3. NGOs and CSOs can be encouraged through grants and procedural support for public interest litigation.
4. Case management technology should be introduced, and the courts should enforce strict timelines in hearing proceedings and reduce adjournments to curb delays. However, such must be done in a way that does not adversely affect the parties.
5. Citizens should be publicly educated on their rights generally, under the CFRN 1999, and other relevant rights such as rights to legal aid (for those entitled thereto).

Referenece

1. UN, ‘Access to Justice’, < https://www.un.org/ruleoflaw/thematic-areas/access-to-justice-and-rule-of-law-institutions/access-to-justice/> accessed 26^th August, 2025. ↑
2. CFRN 1999, s 46. ↑
3. Sanni, A, ‘Fundamental Rights Enforcement Procedure Rules, 2009, as a Tool for the Enforcement of the African Charter on Human and People’s Rights in Nigeria: The Need for Far-Reaching Reform’, <https://www.ahrlj.up.ac.za/sanni-a> accessed 26^th August, 2025. ↑
4. CFRN 1999, s 46(1). ↑
5. Ibid, s 46(2). ↑
6. Ibid, s 46(4)(b)(i). ↑
7. Ibid, s 46(4)(b)(ii). ↑
8. Ekeke, AC, ‘Liberalization of the Rule on Locus Standi Before Nigerian Courts: Lessons from India’, <https://www.cambridge.org/core/journals/journal-of-african-law/article/liberalization-of-the-rule-on-locus-standi-before-nigerian-courts-lessons-from-india/3FC11CBF41054A566A4FCDD5AF814832> accessed 26^th August, 2025. ↑
9. Para 3(d). ↑
10. Para 3(e). ↑
11. Para 3(e)(i-v). ↑
12. Legal Aid Act, s 1(3). ↑
13. Ibid, s 8(1). ↑
14. Ibid, s 10(1). ↑
15. Ibid, s 10(2). ↑
16. ‘Legal Aid Council Handles 7,140 Cases’, <https://legalaidcouncil.gov.ng/2025/03/30/legal-aid-council-handles-7140-cases/> accessed 26^th August, 2025. ↑
17. Ibid. ↑
18. Legal Aid Council, ‘Inadequate Funding, Manpower, Affecting our Activities – Legal Aid Council’, <https://dailytrust.com/inadequate-funding-manpower-affecting-our-activities-legal-aid-council/#google_vignette> accessed 26^th August, 2025. ↑
19. Abangwu, NE, and Sotunsa, EE, ‘Effectiveness of the Institutional Framework for the Regulation of Legal Aid in Nigeria’, <https://admin369.seyboldreport.org/file/V19I09A55_13892575-78QUox9CFD51XMr.pdf> accessed 26^th August, 2025. ↑
20. Wikipedia, ‘Hope Behind Bars Africa’, <https://en.wikipedia.org/wiki/Hope_Behind_Bars_Africa> accessed 26^th August, 2025. ↑
21. Suleiman, M, Akpan, G, ‘Expanding Legal Aid to Vulnerable Groups in Nigeria’, <https://www.idea.int/news/expanding-legal-aid-vulnerable-groups-nigeria> accessed 26^th August, 2025. ↑
22. Ayanru, A, ‘A Review of Salient Issues in the Interplay between Legal Aid and Pro Bono Legal Services in Nigeria’, <https://www.mondaq.com/nigeria/human-rights/679804/a-review-of-salient-issues-in-the-interplay-between-legal-aid-and-pro-bono-legal-services-in-nigeria> accessed 26^th August, 2025. ↑
23. Ibid. ↑
24. Ibid. ↑
25. JRI, ‘Building the Culture of Probono in Nigeria’, <https://justiceresearchinstitute.org/building-a-culture-of-pro-bono-assistance-in-nigeria/> accessed 26^th August, 2025. ↑
26. Jaichand, V, ‘ Public Interest Litigation Strategies for Advancing Human Rights in Domestic System of Law’, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1742350> accessed 26^th August, 2025. ↑
27. SC. 215/1988 & SC. 216/1988) [1989] NGSC 2 (5 March 1989) ↑
28. Ashimole, F, ‘Advancing Effective, Innovative, and Inclusive Justice Reforms in Nigeria’, <https://kubwaexpress.com/2024/12/20/advancing-effective-innovative-and-inclusive-justice-reforms-in-nigeria/> accessed 26^th August, 2025. ↑