The Right to Justice: A Global and Local Perspective
The right to have one’s case heard and resolved is fundamental, as established in international and regional human rights frameworks. Article 7 of the African Charter on Human and Peoples’ Rights (2004) guarantees every individual the right to have their cause heard, a principle echoed by Article 8 of the Universal Declaration of Human Rights. The Supreme Court of Nigeria aligns with this global standard, adopting the Latin maxim ubi jus ibi remedium—where there is a right, there is a remedy.
This principle extends beyond legal theory to real-world practice. When someone’s rights are violated, the law must offer a remedy, whether through compensation, enforcement, or legal action. The idea is deeply embedded in the structure of justice, ensuring peace and lawfulness in society. As such, the right to remedy aims to avoid anarchy and offers protection to both the vulnerable and the powerful. However, despite these guarantees, challenges remain in ensuring access to justice for all.
Barriers to Access: Nigeria’s Legal System Under Strain
A recent study conducted by the Ministry of Foreign Affairs of the Kingdom of The Netherlands, in collaboration with the Communication & Marketing Research Group (CMRG) Limited, sheds light on the challenges facing Nigeria’s justice system. The 2023 Justice Needs and Satisfaction (JNS) study, which surveyed 6,573 Nigerian adults, revealed concerning trends. A staggering 81% of respondents faced at least one legal issue within the past year. Yet, 55% of these cases were resolved only partially or completely, with 82% of the resolutions considered fair.
The study highlights that Nigerians often rely on family, friends, and alternative sources—such as the police, community leaders, and religious authorities—to resolve disputes. Only 5% of respondents sought assistance from lawyers, underscoring the inadequate lawyer-to-citizen ratio and the high costs associated with legal services. This gap in access to legal representation is compounded by a lack of trust in the system and long delays in the judicial process.
Nigeria’s Justice System: Challenges, Remedies, and the Way Forward
Nigeria’s judicial system is marred by several systemic issues that prevent timely and fair access to justice. While alternative dispute resolution mechanisms, such as traditional courts, exist, these systems often lack proper legal structures and oversight. The preference for non-legal avenues like traditional and religious courts points to the inefficiencies of the formal justice system. The high cost of legal services, compounded by delays and corruption, makes it difficult for many Nigerians to access a fair hearing.
Addressing these challenges requires urgent reforms. According to the JNS report, improving access to legal services and reducing the barriers to justice could involve better infrastructure, legal subsidies for citizens, and a focus on improving the legal profession’s capacity. One potential solution lies in the urgent need to address the backlog of law students by opening more law schools and making legal training more accessible.
Restoring Justice in Nigeria: Addressing Legal Shortages and Delays
Nigeria faces a significant shortage of legal professionals relative to its population. With a population of over 200 million and approximately 200,000 to 250,000 lawyers, including judges, justices, and tribunal members, the demand for legal services far outstrips supply. Urban centers like Lagos, Abuja, and Port-Harcourt are home to most of the country’s law firms, but many rural areas remain underserved.
A solution to this issue involves expanding access to legal education and training. The Body of Benchers admits about 4,000 students annually into the Nigerian Bar, but many of these graduates face unemployment or must compete for limited opportunities. To address this, more law schools should be established, and partnerships between state governments and private institutions should be encouraged to diversify legal education access.
Ultimately, access to justice is a critical pillar of society, and Nigeria must make substantial investments to ensure that all citizens have the opportunity to resolve legal disputes fairly and efficiently. This includes addressing the shortage of legal professionals, reducing the costs of legal services, and ensuring that the justice system works promptly for all Nigerians, not just the privileged few.
