PROTOCOLS
Distinguished ladies and gentlemen, learned colleagues, and noble students of the law,
1. It is my honour to deliver this lecture on a subject that lies at the core of democratic governance and the rule of law — Access to Justice in Nigeria: Bridging the Gap Between the Law and the People.
2. Justice is the soul of law, and access to justice is its lifeblood. Yet, in Nigeria, there is a clear gulf between the promises of the law and the realities experienced by the people. Today, we will explore the meaning of access to justice, the challenges facing Nigerians, and the reforms needed to bridge this gap.
3. Justice is not a privilege. It is a fundamental right. Yet, in our society, there exists a wide gulf between the lofty promises of the law and the lived reality of ordinary Nigerians. This lecture seeks to interrogate that gap, identify the challenges, and propose reforms that will make justice truly accessible to all.
4. Justice means fairness, equality, and giving everyone their due. Access to justice, therefore, is the ability of every Nigerian to seek and obtain remedies through the courts, tribunals, or alternative mechanisms without discrimination.
5. We need to quickly discuss this under 5 sub- headings: Vis: i. Understanding Justice and Access to Justice. ii. The Gap Between Law and People in Nigeria. iii. Efforts to Enhance Access to Justice. iv. Bridging the Gap: The Way Forward. v. International Obligations
5. 1. Understanding Justice and Access to Justice
5.1.1. Justice, in its simplest form, means fairness, equality, and giving everyone their due. Access to justice, therefore, is the ability of every Nigerian — rich or poor, educated or illiterate, rural or urban — to seek and obtain a fair remedy through the courts, tribunals, or alternative dispute resolution mechanisms.
The 1999 Constitution guarantees this through:
• Section 36 – right to fair hearing.
• Section 46 – right to enforce fundamental rights in court.
• Section 6 – vesting judicial powers in the courts.
5.1.2. Yet, these rights remain, for many, more theoretical than practical.
5.1.3. The courts have also affirmed this principle. In Fawehinmi v. Abacha (2000) 6 NWLR (Pt. 660) 228, the Supreme Court held that the African Charter on Human and Peoples’ Rights, being domesticated in Nigeria, guarantees citizens’ right to seek redress for violations of fundamental rights.
5.1.4. Similarly, in A.G. Lagos State v. A.G. Federation (2014) 9 NWLR (Pt. 1412) 217, the Supreme Court emphasized that access to courts is a constitutional safeguard that cannot be lightly denied.
5. 2. The Gap Between Law and People in Nigeria
5.2.1. Despite the existence of these rights, the law often feels distant from the people. Why? Even with the legal guarantees, most Nigerians experience justice as distant or inaccessible. The major causes include:
1. Illiteracy & Ignorance of Rights – Many are unaware of the protections granted by Chapter IV of the Constitution. In other words, they s do not know the rights the Constitution gives them.
2. Poverty & Economic Inequality – Court fees and lawyers’ charges make justice unaffordable.
3. Geographical Barriers – Courts are concentrated in cities, leaving rural communities underserved.
4. Delay in Justice Delivery – Cases drag on for years, contrary to the principle in Ariori v. Elemo (1983) 1 SCNLR 1, where the Supreme Court warned that justice delayed is justice denied. Sometimes cases last 10, 20 years, discouraging citizens from seeking redress.
5. Corruption & Distrust – Bribery within law enforcement and the judiciary erodes public confidence. Bribery and influence-peddling weaken public confidence.
6. Cultural & Religious Barriers – Customary systems of justice, while accessible, sometimes conflict with statutory protections, especially in cases involving women’s and children’s rights.
5.2.2. These gaps result in many Nigerians abandoning the courts, turning instead to self-help, vigilante justice, or traditional rulers. In all, there will become a rise in jungle justice, and the entrenchment of impunity.
5.3. Efforts to Enhance Access to Justice
5.3.1. Several initiatives have attempted to close this gap:
• Legal Aid Council of Nigeria (LACON): Provides free legal representation to indigent persons. Established by Legal Aid Act 2011.
• National Human Rights Commission (NHRC): Handles complaints of human rights abuses. Established by Act No. 22 of 1995, with powers to investigate and remedy rights violations.
• Administration of Criminal Justice Act (ACJA) 2015: Promotes speedy trial and fairness.
• Alternative Dispute Resolution (ADR): Multi-Door Courthouses in Lagos, Abuja, and Enugu make justice faster and more accessible. The Lagos Multi-Door Courthouse (LMDC) and similar initiatives across states provide faster, less formal mechanisms for resolving disputes.
• Judicial Reforms & Technology: E-filing, virtual hearings, and digital case management have begun in some jurisdictions.
5.3.2. Yet, these remain inadequate, underfunded, or poorly implemented.
5.4. Bridging the Gap: The Way Forward
5.4.1. For access to justice to be real in Nigeria, we must go beyond theory to practice. Some reforms are urgent:
1. Legal Awareness & Education – Laws should be simplified, translated into local languages, and disseminated through civic education.
2. Affordable Justice – Expand Legal Aid funding, mandate pro bono legal services, and review filing fees.
3. Decentralization – Establish more courts and ADR centers in rural communities.
4. Judicial Reforms – Strengthen discipline within the judiciary, eliminate corruption, and embrace technology. E-filing, virtual hearings, and digital case tracking have begun in some jurisdictions, improving efficiency. Fight corruption within the judiciary and enforce discipline as emphasized in Elelu-Habeeb v. A.G. Federation (2012) 13 NWLR (Pt. 1318) 423, where the court stressed the independence of the judiciary.
5. Integrating Customary Justice – Harmonize customary law with statutory protections, especially in areas of gender and children’s rights.
6. Community-Based Dispute Resolution – Strengthen multi-door courthouses and mediation programs to reduce the burden on conventional courts.
5.5. International Obligations
5.5.1. Nigeria is bound by international treaties emphasizing access to justice:
• Article 8, Universal Declaration of Human Rights (1948): Right to an effective remedy by competent courts.
• Article 7, African Charter on Human and Peoples’ Rights (1981): Right to have one’s cause heard. (Domesticated as Cap A9, LFN 2004).
• International Covenant on Civil and Political Rights (ICCPR), 1966: Guarantees fair trial rights.
5.5.2. The Nigerian courts, in Abacha v. Fawehinmi (2000) 6 NWLR (Pt. 660) 228, held that treaties like the African Charter, once domesticated, have the force of law and are enforceable in Nigerian courts.
5.6. Conclusion
5.6.1. Distinguished audience, we will not conclude without reiterating that justice is the soul of law, and access to justice is the oxygen of democracy. Without meaningful access to justice, the Constitution becomes a mere piece of paper, rights will remain theoretical, and the people will lose faith in the state.
5.6.2. The Constitution guarantees rights, but those rights are meaningless if citizens cannot enforce them. Access to justice is not charity; it is a fundamental obligation of the state.
5.6.3. The challenges of poverty, ignorance, corruption, and delay have created a wide gulf between law and people in Nigeria. To bridge this gap, we must embrace reform, strengthen institutions, and build a justice system that is affordable, accessible, and trusted by all Nigerians.
5.6.4. Our duty as legal practitioners, judges, policymakers, and students of law is to close the gap between law and the people.
5.6.5. When justice becomes accessible, affordable, and fair; When the law serves the people, not just the elite, then — and only then, can Nigeria truly claim to uphold the rule of law.
Thank you.
About the Speaker
Chief Ogochukwu Agapitus Ummunakwe Onyema, fondly known as O.A.U. Onyema, is a distinguished legal practitioner, scholar, and traditional leader. Born on September 11, 1967, in Obioma, Udi LGA, Enugu State, to Bar. T.A. Onyema and Mrs. Bernadette Onyema, he embodies a lifelong commitment to learning and public service.
He earned his first degree in Medical Laboratory Sciences from the University of Nigeria, Nsukka (1989), and began his career at the University of Maiduguri Teaching Hospital before transitioning into private practice and scientific contracting. His academic journey spans postgraduate studies in Finance, Industrial Relations, Business Administration, and Law.
Called to the Nigerian Bar in 2012, Chief Onyema founded a thriving law firm with over 30 associate counsels, specializing in human rights and constitutional law. He also undertook specialized training in Alternative Dispute Resolution (ADR).
A respected community figure, he holds the title “Akpaagu Ikenga,” conferred by 13 traditional rulers of Umuneke Clan. He has served in various leadership roles including Youth Leader of PDP Udi, Secretary and Chairman of Ohanaeze Ndi Igbo Enugu State, Deputy President General, and Acting President General of Ohanaeze Ndi Igbo Worldwide.
Though he made bold attempts to represent Enugu West in both the House of Representatives and the Senate, he remains a valued government appointee, recognized for his relevance and integrity.
Chief Onyema is a Member of the Ancient and Noble Order of St. John International (KSJI), an associate member of the Institute of Management of Nigeria, a Fellow of the Institute of Corporate Public Administrators of Nigeria, a Member of the Association of Medical Laboratory Scientists of Nigeria, and a Member of the Nigerian Bar Association.
He is a Patron to over 20 organizations and has received more than 50 awards for his contributions to society. He is married to Lady Beatrice Nkem Onyema, and they are blessed with five children.