Tuesday 16 April 2013

The Right To A Counsel #RiDeCampaign

This right generally provides that anyone who is accused of a crime has the right to receive legal representation from an attorney. One of the rights of a person in detention is "The Right To A Counsel" and this right is meant to be provided and safeguarded by the State. A person who can afford an attorney is expected to be given the opportunity to exercise this right by being allowed to make contact with a legal practitioner of his choice. However, each state of the Federation is meant to make provision for a "Public Defender". The term 'Public Defender' is primarily coined to refer to a lawyer appointed to represent people who cannot afford to hire an attorney. In Nigeria, the Government has provided for Free Legal Aid through the office of the Legal Aid Council. Assistance is provided freely by the Legal Aid Council to people who cannot afford Legal representatives either because they are unemployed or earn very little money. Legal Aid ranges from rendering Legal service through consultation, advice or representation in Courts.

The Legal Aid Officer (LAO), from time to time, contacts Awaiting Trial Persons in Prison custody or suspected offenders in Police custody to take applications for Legal Aid. In a Criminal case, the Magistrate or Judge may inform the accused of his/her right to a Lawyer if by any reason he/she did not come in contact with a Legal Aid Officer before the trial. In some instances, the Magistrate or Judge may assign a 'state brief' to a private practitioner to handle a suspected offender's case. These have gone a long way in providing FREE legal representation for persons who cannot afford such.

Other Non-Governmental Legal Service Organizations also provide Legal Aid Services to complement the services being rendered by the Legal Aid Council. Non-Governmental Organizations like the Legal Defence and Assistance Project (LEDAP) helps provide these service through the The Indigent and Human Rights Defence Programme (IDP) which is aimed at addressing the human rights situation of indigent remand prisoners in Nigeria and to promote positive changes in the system of criminal justice in Nigeria. The IDP is one of the public defender programs of LEDAP through which it offers legal support, such as legal representation and counseling, to very poor and vulnerable people in Nigeria. The beneficiaries are mostly indigent prison inmates who are detained for long periods of time awaiting trial. These people are in prison custody because they could not afford the cost of hiring legal representation for their trial. The project provides legal assistance to indigent persons including remand prisoners and other indigent victims of human rights violations.

We must note that one of the challenges facing the Legal Aid Council and other Non- Governmental Legal Aid Service Organizations, is finances to keep up with the requirements of legal representation and payment of the salaries of lawyers. It is nonetheless, our hope and belief, that in the nearest future, the government would see reason to boost resources pumped into the provision of free Legal Aid to poor people.


Know Your Right!


Brought To You By #TeamRiDeCampaign


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For More Info Visit

- www.legalaidcouncil.gov.ng

- www.nulai.org (NULAI)

- www.uniabujalawclinic.com

- www.facebook.com/UniversityOfAbujaLawClinic

- www.twitter.com/UniAbjLawClinic

- http://gplus.to/RiDeCampaign

- http://twitter.com/RiDeCampaign

- http://facebook.com/TheRiDeCampaign

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