Access to justice is a cornerstone of any democratic society, ensuring societal balance, accountability, and prevention of lawlessness. As outlined by Lagos lawyer and human rights advocate Ebun-Olu Adegboruwa, SAN, justice must be accessible to all for it to be meaningful.
Legal frameworks like Article 7 of the African Charter on Human and Peoples’ Rights and Article 8 of the Universal Declaration of Human Rights emphasize the right to an effective remedy for violations of fundamental rights. Similarly, Nigeria’s Supreme Court underscores this principle through the Latin maxim ubi jus ibi remedium—where there is a right, there is a remedy.
Justice, at its core, seeks to balance inequalities in society by providing a neutral platform for resolving grievances, thereby promoting fairness and equity.
Findings from the Justice Needs and Satisfaction (JNS) 2023 Report
The JNS 2023 study, conducted by the Ministry of Foreign Affairs of the Kingdom of The Netherlands and CMRG Limited, surveyed 6,573 Nigerians to assess their experiences with the justice sector.
Key Findings:
- Prevalence of Legal Problems:
- 81% of Nigerians encountered at least one legal problem in the past year.
- Common issues included disputes with neighbors, domestic violence, land disputes, crimes, and housing problems.
- Resolution Rates:
- 55% of legal problems were resolved, with 82% of those resolutions deemed fair or very fair.
- Sources of Help:
- Nigerians primarily seek help from family and friends.
- Other sources include the police (11%), community/traditional leaders (8%), religious authorities (6%), landlords (6%), and lawyers (5%).
Challenges Hindering Access to Justice
- Lawyer-to-Citizen Ratio:
With a population exceeding 200 million, Nigeria has only about 200,000-250,000 lawyers, many of whom are concentrated in urban areas. - High Cost of Legal Services:
The financial barrier prevents many Nigerians from seeking professional legal assistance. - Judicial Delays:
The slow pace of court proceedings often discourages people from pursuing justice. - Corruption:
Corruption within the judiciary undermines trust in the system, with cases often derailed by technicalities and unethical practices. - Cultural and Religious Factors:
Social norms and beliefs sometimes discourage court litigation, favoring traditional or religious dispute resolution methods instead.
Recommendations
- Government Subsidies:
Reduce the cost of legal services by subsidizing access to justice and improving judicial infrastructure. - Expanded Legal Education:
Increase the number of law schools and liberalize admission processes to train more lawyers, addressing the lawyer deficit. - Strengthened ADR Mechanisms:
Enhance the efficiency of Alternative Dispute Resolution (ADR) systems while ensuring they adhere to principles of justice, such as the right to appeal. - Judicial Reforms:
- Address delays and inefficiencies in the justice system.
- Implement measures to combat corruption and restore public trust in the judiciary.
- Awareness Campaigns:
Educate citizens on their legal rights and the available avenues for redress.
Justice must be both accessible and impartial to fulfill its purpose of maintaining societal harmony. While challenges such as inadequate legal representation, high costs, and systemic inefficiencies persist, strategic reforms and investments in the justice sector can help bridge the gap. As Adegboruwa aptly highlights, denying access to justice is tantamount to denying justice itself.
