ACCESS TO JUSTICE FOR VULNERABLE GROUPS IN NIGERIA
Abstract
Access to justice can be defined as the opportunity to access the mechanisms put in place to seek redress when an individual’s right has been violated. For some, there’s a swift and easy access to justice before the court, while for some, it is an untold story of struggle. Categories of persons who may have it difficult to access justice are the vulnerable groups (which may include men and the physically challenged), internally displaced persons, women, and children. The idea of justice is that it should be always dispensed swiftly without bias, fear or favor. However, there are challenges faced by prospective litigants in their bid to enforce their rights in courts in Nigeria by reason of their vulnerability. The reasons for this difficulty are not farfetched as some persons are financially constrained, ignorant of their rights, suffers societal stigmatization or neglect. This research work sets out to analyze the concept to access to justice, the problems encountered by vulnerable group, women and children in an attempt to access justice. The work further analyses the legal and institutional framework for access to justice in Nigeria as they include the Constitution of the Federal republic of Nigeria 1999 (as amended), the United Nations Declaration of Human Rights, the African charter on Human and Peoples’ Right, the Child’s Right Act 2004, the Legal Aid Council, the Ministry of Women Affairs and the Courts. Contemporary issues affect access to justice by vulnerable groups such as cost of litigation, issue of jurisdiction and locus Standi, delay and abuse of court processes, ignorance and corruption. This research having identified the factors militating against access to justice for vulnerable groups in Nigeria, proffered recommendations to the identified problems.
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