OPPORTUNITIES & CHALLENGES IN THE PROVISION OF PRO BONO LEGAL SERVICES

The cavernous interior of the Justice Mohammed Bello Hall (Marque 2) in Abuja was the venue of the 2nd Breakout Session at the 63rd Annual Conference of the Nigerian Bar Association (NBA), which convened to discuss the topic, Challenges and Opportunities of Pro Bono Work in Nigeria.’

Moderated by Ezinwa Okoroafor, it comprised Funmi Ayeni, who was the Lead Speaker, as well as a quartet of other panellists in the persons of Tonye Krukrubo, SAN; Aliyu Bagudu Abubakar; Itoro Eze-Anaba and Jake Epelle. Also Read: https://legalattorneyblog.com/2023/02/15/nba-inec-pro-bono-services/

In her opener, Okoroafor decried the disproportion between the number of lawyers in Nigeria and the general population – and the urgent need to bridge the gap. The session, she added, would interrogate the role of pro bono legal services in bridging the justice gap and provide insights into how lawyers can make a tangible difference in ensuring equal access to justice for the vulnerable.

In her lead presentation, Mrs Funmi Ayeni began by asserting that access to justice by indigent people was not a privilege but a right, citing relevant extant laws that provide for a fair hearing for all – regardless of their station in life. Ayeni went on to identify the nature of cases – civil and criminal alike – which are qualified for pro bono services and their sources and identified some of the challenges facing pro bono services, namely, financial constraints, payment of filing fees, and the lack of a central base.

In his contribution, Tonye Krukrubo SAN, a partner in Aluko and Oyebode, stressed the constitutionality of pro bono work, citing the following various legal sources ranging from Section 36(6)(b) of the Constitution of the Federal Republic of Nigeria to Section 349(1) & (4) of Administration of Criminal Justice Act, 2015, to Section 155 & 210 of the Child’s Right Act 2003, to Rule 38 of the Rules Of Professional Conduct 2023, among others.

On the reasons to undertake (or steer clear of) pro bono work, the learned Senior Advocate elicited laughter among the assembled delegates when he gave the following points:

For every pro bono case I take, I can at least undermine one more lawyer joke; I can keep my paying clients while holding on to my dream of making a difference in my community; God probably won’t care if I am “this close” to a billable hours bonus; My children will think I’m cool;

I don’t get a pass on something this important just because I am busy; Pro bono work keeps me in touch with my inner Atticus Finch. Saving a child or even a family is a life-changing experience I will never forget;

Doing pro bono work recharges my batteries; lawyers who do pro bono say it makes them better lawyers. Because the Rules of Professional Conduct say, all lawyers should work to ensure equal access to justice for all those who cannot afford counsel. Krukrubo listed many opportunities for pro bono work for the service provider, the beneficiaries, the sponsors, the legal profession, the state, and the general public.

Conversely, he also listed some challenges associated with pro bono work, such as possible conflict of interest between pro bono clients and other clients and other office duties; the lack of firm culture supporting pro bono activities; difficulties encountered by lawyers in finding the time for pro bono work; inadequate funding.

The shortage of highly skilled lawyers in specific geographical locations; the lack of adequate statistics or publicly available means of verifying the finances of the populace, thus depleting lean resources, depriving those who genuinely need it and causing a lack of trust of intended beneficiaries by service providers and sponsors, among others.

Krukrubo concluded his submission by proffering the following recommendations, among others, for an effective and beneficial pro bono culture in Nigeria: for the just identified challenges of the pro bono work in Nigeria as follows: provision for the legal framework, implementation and unique enforcement mechanism for a firm culture/mechanism of supporting pro bono activities.

Particularly in small and medium-sized law firms to allow for funding and logistics; employment of more qualified lawyers and proper posting of same across the nation with particular attention to needs; provision of reliable and accessible statistics for verification of means of the intended beneficiaries for service providers and sponsors.

This will make determining more easily who an indigent person is; education in statutory limitations and bureaucracy in the provision of pro bono services, particularly those contained in the LPA, Legal Aid Act and Legal Practitioners Remuneration (For Business, Legal Service and Representation) Order, 2023; Creation more courts, the appointment of more judges and employment of court officials to cure the infrastructure deficit.

OPPORTUNITIES & CHALLENGES IN THE PROVISION OF PRO BONO LEGAL SERVICES

Strengthening the existing legal framework, particularly the Rules of Court that support the provision of pro bono waiver of all fees or at least filing fees for indigents in all courts, just as the Court of Appeal has done in Order 13 of the Court Appeal Rules 2021; and the formation and implementation of a formal pro bono receipt and referral system in courts.

The temple of justice where indigents can walk in, meet the court clerks, other officials or a specially designated pro bono officer to tell them their issues and such an officer, upon verification of the status of the complainant as an indigent, will record their case and then refer the matter to a service provider.

On her part, Mrs Itoro Eze Anaba, another panellist, centred her presentation on pro bono opportunities, especially in the service of victims and survivors of raped cases as well as persons with disabilities, adding that society should stop making assumptions on who is likely or unlikely to commit a rape case, as everyone can do so, and therefore wherever the issue is reported the authorities concerned should do away with assumptions and do the needful and see the justice is done.

Jake Epelle, yet another panellist, focused on the needs of people living with disabilities in Nigeria and highlighted some key points about disabilities as well the challenges faced by affected persons, as well as made several recommendations.

Abubakar Bagudu, the Director-General of the Legal Aid Council, identified the lack of adequate manpower as the critical problem facing his organization and called for more support as the LAC works to provide the enabling environment for the sustenance and growth of a robust culture of pro bono legal culture in Nigeria.

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