Generally, Legal Aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and fair trial.
The Legal Aid Council receives financial assistance
from the government on behalf of the indigent citizens to prosecute their
claims. Individual practitioners also give legal aid by carrying out pro bono
cases, etc.
The Council can engaged the service of Legal
Practitioners, NYSC legal aid CDS (serving Lawyers), Law clinics, NGOs and
Paralegal to deal with cases for individuals who are entitled to legal aid.
WHO IS ENTITLED TO LEGAL AID?
According to section 10 of the Legal Aid Act,
2011, legal aid is granted only to persons whose income does not exceed to the
national minimum wage. But there are exceptional cases where persons whose
income exceeds the national minimum wage can receive legal aid on a
contributory grounds, in such circumstances, expenses incurred can be recovered
and the 10 percent of the damages and costs awarded. The Council is under
obligation to refund the person his contribution to the trial.
Note that the Council shall not be liable to pay
costs awarded against the person receiving legal aid service.
HOW TO ASCERTAIN MEANS OF THE PERSON
Means test is a very vital formula designed in determination
of whether an individual is eligible for legal assistance. It is a guide under Legal Aid Act, 2011 for
billing a person for legal aid service.
To ascertain the ‘means’ of that person, all you
need to do is to take into account the person’s income, personal and real
property then deduct his commitments (family obligations, etc) from it, the
remainder is his ‘Means’.
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