The right to be heard is fundamental in any democratic society. Where people are no longer heard, justice cannot be adequately served. Regardless of the wealth or social status of an individual, there must be an assurance that he can be heard before the courts. A way one can adequately be heard before the court is access to legal representation. The right to legal representation is a constitutional right in Nigeria, which is supported by other statutory frameworks like the legal aid act (2011). However, there are challenges in bringing this right to full reality in Nigeria. This article will examine what the law says about access to legal representation, the challenges in enforcement, effects of a person being denied the right to representation, and, how pro bono legal services work.
The 1999 constitution of the federal republic of Nigeria (as amended) guarantees the right to legal representation. Section 36(6)(c) states that “every person who is charged with a criminal offense shall be entitled to defend himself in person or by a legal practitioner of his own choice.” This means that an accused person has a constitutional right to be heard and he may do that through legal counsel. This right must be protected, especially in regards to criminal offenders. Where the full weight of the law is to descend on a person if found guilty, then he must be given fair footing before the courts by being adequately represented. Furthermore, the Administration of Criminal Justice Act provides that a person has the right to a legal representative either for a civil or criminal matter. Section 267(1) of the act states:
“The complainant and defendant shall be entitled to conduct their cases by a legal practitioner or in person, except in a trial for a capital offence or an offence punishable with life imprisonment.
Section 267(4) of ACJA states:
The Court shall ensure that the defendant is represented by a counsel in capital offences provided that a defendant who refuses to be represented by counsel shall, after being informed under section 349 (6) of this Act of the risks of defending himself in person, be deemed to have elected to defend himself in person and this shall not be a ground to void the trial.
Ironically, the same section that’s secures the right of a person to legal representation also secures the right of the citizen to refuse legal representation and represent himself. Litigants who choose to represent themselves are called in person litigants. Everyone has the right to choose to represent themselves however, once this choice is made, the right to a lawyer is effectively waived and the court will hold such a person to the standard of a trained legal practitioner. However, section 349(6)(b) provides that a person charged with a capital offence or an offence attracting a sentence of life imprisonment cannot choose to defend himself.
Despite the legal protections provided, people in Nigeria are often denied access to lawyers, especially at the early stages of investigation or trial. In the practical sense, it may look like detained persons or persons being questioned by the police not being informed of their right to having counsel present. Without counsel, suspects may not fully understand charges against them or be able to challenge unlawful procedures, potentially leading to wrongful convictions or violations of their rights.
Many Nigerians may not be able to afford a private lawyer. Poverty, illiteracy, and limited awareness of their rights keep large numbers of people – especially those awaiting trial – from obtaining legal representation.
When an accused person cannot afford a lawyer and does not get legal aid, the fairness of that trial is compromised, undermining the very essence of due process; a principle the Constitution seeks to uphold. The Legal Aid Act (2011) established the Legal Aid Council of Nigeria (LACON) which assists indigent persons with legal advice and representation where justice demands it.
A solution for the lack of legal representation due to financial constraints is the provision of pro bono services. Pro bono services are free legal assistance offered voluntarily by lawyers and are an important supplement to government-provided aid in Nigeria but are not guaranteed by law. The Nigerian Bar Association (NBA) encourages lawyers to provide pro bono work: its Pro Bono Declarations urge lawyers and law firms to contribute at least 20 hours of free legal service annually or help a certain number of indigent persons each year. However, there is no legal obligation for lawyers to undertake pro bono work. Pro bono efforts often depend on individual lawyers or NGOs stepping in to help vulnerable people who lack representation
To conclude, having a lawyer can profoundly affect the quality of justice and the outcome of a case. Counsel ensures that rights are protected during arrest and trial, evidence is properly challenged, fair procedures are followed and clients understand their options and risks. Without legal representation, whether due to denial by authorities or lack of financial capacity, defendants are significantly disadvantaged, often leading to prolonged detention, wrongful convictions, or denial of fair trial rights.
