LEGAL AID COUNCIL FUNCTIONS AND MANDATE

Legal Aid Council, Nigeria (LAC) was established pursuant to the promulgation of Legal Aid Decree No. 56 of 1976 that became Legal Aid Act Cap L9, Laws of the Federation of Nigeria 2004. This was repealed for the enabling and substantive Legal Aid Act 2011. The enabling law expanded the scope of the mandate of LAC to provide free legal assistance and representation, Legal advice and Alternative Dispute Resolution (ADR) to indigent Nigerians in conflict with the law as to enhance access to Justice in Nigeria.

Legal Aid Council Mandate

The Legal Aid Council (LAC) of Nigeria was established by the Legal Aid Decree No. 56 of 1976. The LAC Decree was then incorporated into section 42 (40)(b) of the 1979 Constitution. The Decree has gone through several amendments;
  • The Legal Aid (Amendment) Decree No. 10 of 1986 which included Civil matters for the first time in the jurisdiction of the Council.
  • The Legal Aid (Amendment) Decree No.22 of 1994 which included damages for breach of Fundamental Human Rights as guaranteed under the 1979 Constitution.
  • The Decree was later codified into the Legal Aid Council Act Cap L9 Laws of the Federation of Nigeria 2004.
  • The Legal Aid Act Cap L9, 2004 LFN was recently replaced by the Legal Aid Act 2011 which expanded the Civil mandate of the Council and also expanded its Criminal jurisdiction to include Armed Robbery.

The present mandate of the Council is as follows;

CRIMINAL CODE (In the Southern States of Nigeria)

PENAL CODE (In the Northern States of Nigeria and FCT)

1.  Murder of any Degree.

Culpable homicide Punishable with death

2.  Manslaughter.          

Culpable homicide not punishable with death

3. Maliciously or willfully Grievous hurt.  

Wounding or inflicting grievous bodily harm

4.  Assault occasioning actual bodily harm.  

Criminal force occasioning actual bodily harm

5.  Common assault.

Common assault

6.  Affray.

Affray

7.  Stealing.

Stealing

8.  Rape.

Rape

9.  Armed Robbery.

Armed Robbery

A.  Aiding and abetting, or counseling or procuring the commission of, or being an accessory before or after the fact to, or attempting or conspiring to commit, any of the offences listed above.

B. (i) Civil claims in respect of accidents including employees’ compensation claim (under the Employee’s Compensation Act, (Act No.13 of 2010).

  • (ii) Civil claims to cover breach of Fundamental Rights guaranteed under Chapter IV of the Constitution of the Federal Republic of Nigeria.
  • (iii) Civil claims arising from criminal activities against persons who are qualified for Legal Aid under this Act.

The LAC Act 2011 also provides in Section 8 (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. Legal Aid shall also be granted in respect of any breach or denial of any such right, obligation, duty, privilege or service. The Council shall be responsible for the representation before any court or tribunal for such civil matters.