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Scope of Legal Aid Scheme at the Police Station and How an Accused Person can Apply for Assistance under the Legal Aid Scheme


By section 8 of the Legal Aid Act 2011, the grant of legal aid, advice and access to justice shall be provided by the Council in 3 broad areas, namely, Criminal Defence Service, Advice and Assistance in Civil matters including legal representation in court and Community Legal Services subject to merits and indigence tests for the parties.

Under subsection (2) thereof, the Council, shall establish, maintain and develop a service known as the Criminal Defence Service for the purpose of assisting indigent persons involved in criminal investigation or proceedings specified in the Second Schedule to this Act, access to such advice, assistance and representation as the interest of justice requires.

Also, section 10(1) of the Legal Aid Act 2011 provides that legal aid shall be granted to a person whose income does not exceed the National Minimum Wage. Section 10(2) thereof, goes further to provide that notwithstanding the provisions of Subsection (1), the Board may in exceptional circumstances grant legal aid service to a person whose earning exceeds the national minimum wage.

There is no statutory provision for the procedure to apply for legal aid. In practice however, the accused will have to obtain an application form which is in the prescribed format from the Legal Aid Office, fill and return it before he can get the assistance of the scheme.

Again, under the Legal Aid Act, statutory criminal and civil legal aid application forms have to be used. Applications may be made orally or in writing to the headquarters of the Legal Aid Council in Abuja or to any Zonal or State Legal Aid Office.  Oral applications must be reduced in writing by the Legal Aid Officer to whom the application was made.

Furthermore, to give effect to the provisions of the Act, Section 19 of the Legal Aid Act provides for the monitoring and review of cases of awaiting trial detainees. Section 19(2) of the Act provides that it shall be the duty of all Police Officers and Courts to inform suspected persons of their entitlements to the services of a Legal Practitioner from the moment of arrest and if such suspect cannot afford the services of a Legal Practitioner, to notify the Council to represent him if he so desires.


And under, Subsection (3) of the said Section 19, the Legal Aid Council as well as lawyers designated by it shall have access to the police interview. Section 19(5) then provides that the Council may file an application in any appropriate Court for the review of the case of any person who has been held in any place of study without trial for a period exceeding the maximum provided by the Constitution.

© Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.

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