Access to Justice under the Nigeria Constitution 1999: Seeing Nigeria in the Eyes of Other Jurisdictions

Abstract

This paper examines access to justice under the constitution of the Federal Republic of Nigeria 1999 as amended in comparison with the access to justice provisions in other jurisdictions’ constitutions. Nigeria constitution is the organic law or ground norm on the legal framework on access to justice. It presupposes to provide Rule of Law and effective access to justice and redress in terms of Good Governance, Equality, Fairness, Equal protection of law without delay, less cost and Certainty of outcomes as the case may be. However, the constitution is shrouded with vagueness, cumbrous rules and procedures which made it difficult for court’s interpretation thereby denying or adversely affecting citizen’s effective access to justice. There are problems inherent in the Nigeria’s constitution different from other countries’ constitutional provisions that encourages and promotes easy access to justice. This paper discuses some of the constitution’s provisions on access to justice in Nigeria by comparative analysis with other jurisdictions like Republic of India, South Africa and Kenya. Doctrinal and comparative analysis methods are used in discussing this research. It is recommended that the Nigeria constitution be overhauled by borrowing from the other jurisdictions those provisions that encourages and promotes easy and effective access to justice to bring it to international standard and global best practices.

Keywords