Section 8: Scope of legal aid and access to justice.
(1) The grant of legal aid, advice and access to justice shall be provided by the Council in 3 broad areas, namely, Criminal Defence Service, Advice and Assistance in Civil matters including legal representation in court and Community Legal Services subject to merits and indigence tests for the parties.
(2) The Council, shall establish, maintain and develop a service known as the Criminal Defence Service for the purpose of assisting indigent persons involved in criminal investigation or proceedings specified in the Second Schedule to this Act, access to such advice, assistance and representation as the interest of justice requires.
(3) 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.
(4) Legal Aid shall also be granted in respect of any breach or denial of any such right, obligation, duty, privilege or service and the Council shall be responsible for the representation before any court or tribunal for such civil matters.
(5) Legal aid shall consist, on terms provided by this Act, of-
(a) the assistance of a legal practitioner including all such assistance as is usually given to by a private legal practitioner in the steps preliminary or incidental to any proceeding;
(b) representation by a legal practitioner before any court; and
(c) such additional aid (including advice) as may be prescribed.
(6) Where regulations made provide for Legal aid, provision shall be made therein to the effect that persons shall not be given legal aid in connection with any such proceeding unless he shows to the satisfaction of the Director-General or other person authorized by the Council that he has reasonable grounds for taking, defending or being a party thereto, and may also be refused legal aid if it appears unreasonable that he should receive it in the particular circumstances of the case.
(7) The Council shall establish, maintain and develop a service known as Community Legal Service for the purpose of promoting individual services and in particular, for ensuring that individuals have access to services that effectively meet their needs.
Community Legal Services for the purpose of this section means-
(a) the provision of general information about the law and legal system and the availability of legal services
(b) the provision of assistance; in preventing or settling or otherwise resolving disputes about legal rights and duties;
(c) the provision of assistance in enforcing decisions by which such dispute are resolved;
(d) the provision of assistance in financial support and rendering; and
(e) the provision of assistance with regards to claims against public authorities, private organizations and individuals:
Provided that the Director-General shall reserve the right to set the limit of such assistance.
(8) Every person authorized by the Council to exercise the functions relating to Community legal Service shall do so in such a manner as to-
(a) promote improvement in the quality of services provided for the benefit of those who need them;
(b) ensure that the services provided in relation to any matter are appropriate having regard to its nature and importance ; and
(c) achieve a swift and fair resolution of disputes in order to avoid the necessity of a protracted court proceeding.
PART III-FINANCIAL ASPECT or: LEGAL AID
There is established the Legal Aid General Fund for the day-to-day administration of the Council into which shall be paid-
(a) such sums as shall be appropriated annually by the National Assembly pursuant to section 46 of the Constitution of the Federal Republic of Nigeria; and
(b) such sums as shall be appropriated annually or otherwise provided from time to time by the Government of each State of the Federation and the Federal Capital Territory
Cite this section
Section 8, LEGAL AID ACT, 2011 (2011).
https://repo.podus.ai/laws/legal-aid-act-2011/section/8/