JOURNAL OF LAW AND GLOBAL POLICY (JLGP )

E-ISSN 2579-051X
P-ISSN 2695-2424
VOL. 8 NO. 1 2023
DOI: https://doi.org/10.56201/jlgp.v8.no1.2023.pg98.117


Removing the Barriers of Access to Justice-The Role of the Legal Aid Commission of Ghana

Dr. Joseph Kwaku Asamoah


Abstract


Equality before the law remains one of the unquestionable principles of law globally. This implies no discrimination and equal treatment of persons seeking justice at the law court and other extra-judicial bodies. These include the right to be represented by a lawyer of one's choice in seeking remedy. Although the courts exist to administer justice, not all persons can afford to hire the services of lawyers and other costs inherent in courtroom litigation. Several structural, institutional, and economic factors exist to make litigation expensive thereby creating unequal access to justice. These factors serve as a fetter on the right of persons to seek justice. Against this backdrop, this study seeks to critically analyze the role of the Legal Aid Scheme in promoting inclusion in the justice delivery system focusing on access to justice for indigents and the marginalized in society. In doing so, the study adopted a quantitative desktop research design to assess the performance of the Legal Aid Commission of Ghana and the extent of its impact on access to justice. The study found that just as with the courts, the jurisdiction of the Legal Aid Commission covers civil and criminal cases including the use of alternative dispute resolution mechanisms. The study again revealed that many persons especially the poor would have been excluded from the justice net but for the existence of legal aid schemes.


legal aid, access to justice, civil justice, criminal justice, alternative dispute


References:


African Commission on Human and Peoples' Rights (ACHPR) (1987).
Anderson, M. R. (2003). Access to justice and legal process: making legal institutions
responsive to poor people in LDCs, Institute of Development Studies at the University
of Sussex.

Akaninwo v. Nsirim [2008] 1 SC (PT.III) 151.
Babbie, E. (2004). The practice of social science research (12thed.). Wadsworth: Cengage
Learning Inc.


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