Barriers to Legal Access for Vulnerable Groups in Nigeria: A critical Legal Analysis

Authored By: Balogun Ismail Akorede

Law Graduate, Al-Hikmah University

Abstract

Access to justice is crucial for safeguarding human rights, but in Nigeria, marginalized groups such as women, the rural impoverished, those with disabilities, children, the elderly, prisoners, minorities, and internally displaced persons encounter structural obstacles, Discrimination, physical and financial barriers, inadequate enforcement of protective legislation, and insufficient support services hinders their capacity to assert or safeguard their fundamental human rights. This study employs doctrinal analysis of legislation, jurisprudence, and policies, augmented by secondary sources, to investigate these problems. It underscores the disparities in justice impacting vulnerable groups and suggests specific reforms to bolster inclusivity, improve enforcement, and establish a rights-oriented, citizen-centric judicial system throughout Nigeria.

Introduction

Access to justice is a crucial component of the rule of law, enabling citizens to assert their rights, pursue redress for infringements, and hold authorities responsible. Without genuine access to justice, vulnerable persons are effectively barred from legal protection, civic participation, and the benefits of democratic governance. The United Nations High-Level Meeting on the Rule of Law underlines the duty of governments to ensure equitable, just, and transparent judicial services for all, especially for marginalized groups. Currently, access to justice has emerged as a paramount worldwide justice issue, garnering heightened attention from governments, legal authorities, academics, and civil society.

Vulnerable groups populations whose traits render them more susceptible to exclusion from legal, financial, and social services necessitate enhanced protections to guarantee comprehensive and equitable access to justice. Notwithstanding constitutional assurances, substantial obstacles to justice endure in Nigeria. Recent national polls indicate that roughly 81% of Nigerians encountered at least one legal issue in the previous year, with the most prevalent problems concerning land, neighbors, domestic abuse, crime, and housing. A significant number of Nigerians depend on informal networks, traditional leaders, or religious authority instead of legal professionals due to financial constraints, distrust, or lack of accessibility.

The 2024 study further finds a high recurrence of legal difficulties, with about 68% of unresolved cases eventually finding a settlement, frequently through informal channels rather than formal justice institutions. Ongoing delays, insufficient legal awareness, and socio-economic vulnerabilities perpetuate Nigeria’s justice gap. Structural impediments are compounded by institutional failings, including allegations such as the Enugu Ministry of Justice’s claimed ₦50,000 “justice review fee,” a practice decried as discriminatory and opposed to public accountability. Issues of judicial inconsistency and contempt for constitutional safeguards as noted in recent controversial verdicts condemned as “a travesty of justice”further weaken trust in the legal system.

This essay critically investigates the socio-economic, structural, and institutional constraints that restrict vulnerable populations in Nigeria from accessing fair, inexpensive, and people-centred justice.

Research Methodology
This study employs a doctrinal research strategy, evaluating Nigerian statutes, case law, and policy documents on access to justice. It also draws on secondary sources, including UNDP research, NGO reports, and academic literature, to explore difficulties faced by disadvantaged groups. A qualitative analysis is performed to compare legal provisions with actual reality, exposing enforcement gaps and potential reforms.

Statutory Framework Governing Access to Justice for Vulnerable Groups in Nigeria

Access to justice for vulnerable populations is affected in numerous constitutional and statutory provisions. Sections 17, 36, and 42 of the 1999 Constitution establish Nigeria’s social objectives, the right to fair hearing, and protection from discrimination. Section 17 though non-justiciable sets a normative foundation for a social order based on freedom, equality, and justice, demanding fair tribunals and compassionate treatment by state institutions. Section 36 ensures fair hearing within a reasonable time, presumption of innocence, legal representation, and due process in both civil and criminal issues. Section 42 forbids discrimination based on ethnicity, sex, religion, origin, or political viewpoint, thereby affirming equal access to legal institutions.

The Administration of Criminal Justice Act (ACJA) 2015 increases procedural safeguards by stressing restorative justice and human dignity. It protects vulnerable persons, especially women and children through innovations such as compassionate arrest methods, community sentencing, compensation, suspended sentencing, and expanded rights of victims. ACJA additionally improves rights for women and children through its gender-sensitive and child-friendly provisions.

Similarly, the Child Rights Act (CRA) domesticates the UN Convention on the Rights of the Child. Article 2 of the Convention demands non-discrimination, whereas Section 10 CRA bans discriminatory treatment of any child on grounds such as sex, origin, disability, or religion. Section 214 CRA ensures a child’s right to fair hearing, reaffirming natural justice principles.
Nigeria’s Discrimination Against Persons with Disabilities (Prohibition) Act 2018 outlaws discrimination in employment, education, housing, health, and access to public services. It establishes the National Commission for Persons with Disabilities to enforce inclusion and imposes a 5% employment quota for persons with disabilities in governmental institutions.

B. Judicial interpretation

Judicial inefficiencies severely worsen impediments to justice. In 2023, two Lagos inmates were released after four years of confinement without trial reflecting a bigger situation in which 68% of Nigeria’s prison population comprises awaiting-trial detainees. Procedural delays, understaffing, and backlog continually hamper quick justice. Similarly, in May 2025, DSS personnel reportedly blocked lawyers from accessing the Federal High Court Abuja, obstructing litigants’ right to counsel and due process. These examples highlight institutional shortcomings that disproportionately hurt vulnerable communities.

Case law further demonstrates structural difficulties. In Bamaiyi v The State(2001),the court of appeal emphasized that access to justice requires fair and timely adjudication.The prolonged pre-trial detention and refusal of bail ilustrate how judicial discretion, when exercised rigidly, can obstruct justice. In Fawehinmi v Abacha (2000), the courts originally safeguarded powerful actors before upholding individuals’ rights to challenge unjust authority. A.G Lagos State v A.G Federation (2014) highlighted jurisdictional disputes that hinder justice. The Apo Six assassinations highlighted police brutality and decade-long delays in convicting security officials, demonstrating the susceptibility of poor populations to state violence.

Critical Analysis

I, Gender-Related Barriers to Legal Access

Gender inequality also causes considerable barriers. A 2025 gender report finds that although 77.1% of Nigerian women are economically active, 87.9% are self-employed in risky, informal industries, restricting their financial capacity to pursue legal remedies.

Women in Nigeria endure chronic structural and socio-cultural impediments that restrict their ability to access justice effectively. Recent estimates reveal that digital exclusion greatly disadvantages women: only 13.4% of Nigerian women have ever used a computer compared to 21.8% of males, reducing access to digital legal information, education, and economic prospects. Women’s health autonomy is similarly limited, 71.2% of married women lack decision-making control over their sexual and reproductive health, limiting bodily autonomy and the ability to report breaches.

Child marriage and human trafficking remain major concerns: 12.5% of women aged 15–49 were married before age 15, while 77.3% of Nigeria’s 2022 trafficking victims were female. These early and forced marriages create long-term impediments to justice by limiting education, financial independence, and awareness of legal rights.

Deep-rooted cultural norms further normalize violence and hinder reporting. A survey finds 48.2% of Nigerian women believe wife-beating is justified under some circumstances, indicating attitudes that quiet victims and prevent legal remedies. Religious and cultural systems often stigmatize women who seek justice, characterizing them as dishonourable or disruptive, thereby impeding the enforcement of gender-equality laws.

Institutional deficiencies increase these issues. Over 35% of Nigerian women have suffered physical violence, however those who report abuses find police bias, inadequate investigations, and delayed convictions.

ii. Barriers Facing Rural and Marginalised Communities

Geographical disparities form a key barrier to justice. Courts, legal assistance offices, and qualified lawyers are largely concentrated in urban areas. Rural villages often lack neighboring courts or legal personnel, making justice physically unreachable. Many rural communities remain underserved, with few legal assistance centres or functioning justice mechanisms. As a result, people living in distant regions must travel considerable distances to access courts or legal aid agencies, preventing them from pursuing legal claims.

Low literacy and low legal understanding further aggravate exclusion. Many rural populations cannot understand legal paperwork, procedures, or their basic rights, making formal justice mechanisms worthless even when available. Limited knowledge of available legal aid means many vulnerable individuals are unaware that remedies exist.

Economic constraints create another key hurdle.limited awareness about legal aid services, right under law, or proceedures to seek redress means many rural poor don’t even know justice is available, or how to claim it. Court and filing expenses further hinder interaction with legal institutions. A survey by HiiL demonstrates that impoverished people are twice less likely to approach courts and three times less likely to contact lawyers compared to wealthy individuals, illustrating how poverty strongly connects with legal exclusion.

Amarachi E Ejim and Uzoma O Okoye, ‘Evaluating the Implementation of the Disability Act in Nigeria: What Are the Challenges?’ University of Dundee/University of Nigeria (2023).

Persons with disabilities (PWDs) in Nigeria face substantial structural and social barriers that hinder their access to justice. Physical inaccessibility remains a key concern, as many courts including the Federal High Court in Abuja, the Supreme Court, and the Osun State High Court still lack ramps, railings, braille signage, or other aids that allow independent mobility and sensory access. According to the President of the Association of Lawyers with Disabilities, the legal system was never established with disability inclusion in mind, resulting in courtrooms that are neither physically accessible nor procedurally accommodating.

Communication limitations further hinder justice for those with hearing problems. Most courts do not provide sign language interpreters, prohibiting deaf defendants, victims, and witnesses from meaningfully participating in proceedings. This gap violates the fundamental right to fair hearing under section 36 of the 1999 Constitution and contradicts sections 2 and 17 of the Discrimination Against Persons with Disabilities (Prohibition) Act 2018 (DAPPA), which demand accessible communication. Similar issues occur outside the courts, as illustrated in Yobe State where the deaf community has complained a lack of interpreters even in hospitals.

Although DAPPA (2018) offers extensive anti-discrimination guarantees prohibiting unequal treatment, mandating public sensitisation, supporting inclusive education, and imposing penalties on violators implementation has been insufficient. Five years after its enactment, the law has had limited impact on Nigeria’s estimated 29 million persons with disabilities. Enforcement remains poor due to minimal sanctions, limited institutional awareness, and inadequate priority of disability compliance. Scholars contend that despite Nigeria’s statutory protections and international commitments, PWDs continue to endure marginalization in practice.

iii, Elderly Deficiency

Older persons in Nigeria suffer several challenges to seeking justice and exercising their rights. Many senior Nigerians cannot afford legal representation, and free legal aid services rarely reach rural regions, leaving older folks dependent on family members for mobility and financial support. This reliance, combined with systemic age discrimination, hampers their capacity to receive medical treatment, social assistance, and work possibilities.

International human rights legislation obliges states to abolish all types of discrimination, including age-based discrimination. Article 2 of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) requires states to guarantee rights without distinction of any kind, while Article 26 of the ICCPR establishes a free-standing right to non-discrimination, ensuring equal protection under the law. The UN Human Rights Committee has recognized age as a protected ground under ‘other status’, specifically includes older adults in the purview of anti-discrimination legislation. Discrimination against older adults is seen in numerous sectors. Employment options are limited due to age, while accessing courts is hindered by lengthy adjournments and delays. Nigeria’s court system has extreme backlog, with average cases lasting years, frequently resulting in senior plaintiffs dying before their cases are resolved, thereby breaching their right to swift justice. The Administration of Criminal Justice Act 2015, aimed at decreasing delays and pretrial detention, remains partially implemented, showing systemic inefficiencies in justice administration. Health and mobility issues also hinder older persons’ access to justice. Poorly built court facilities without ramps or elevators, chronic illnesses, and the lack of caregivers make it difficult for senior litigants to engage completely in legal processes. Common senior conditions such as hearing loss, cataracts, osteoarthritis, diabetes, depression, and dementia compound these difficulties.

Ethnic & Religious Bias

Minority ethnic and religious groups in Nigeria endure systemic discrimination, including unequal protection, biased handling of complaints, and sluggish or unjust justice processes. Police routinely overlook accusations from minorities, and judicial officials may demonstrate prejudice.

Nigeria has a diverse population, including Hausa/Fulani (29%), Yoruba (21%), Igbo (18%), Ijaw (10%), Kanuri (4%), Ibibio-Efik (3.5%), Tiv (2.5%) and other communities. Minority Rights Group International underlines the importance of maintaining their rights and participation in social and political life.

Many minorities cannot access justice since legal processes are done in English, leading to confusion, unlawful arrests, and misunderstanding of rights. UNDP identifies linguistic hurdles, coupled with poverty and low literacy, as important challenges.

Discriminatory Policing Ethnic minorities like as Fulani, Tiv, Ogoni, and Southern Kaduna sometimes experience profiling, harassment, and extended detention without evidence. Complaints of violence against them are generally ignored. Security difficulties like Boko Haram, Niger Delta militancy, and separatist agitations compound these issues.

Recent Developments

1. Recent Initiatives Justice Reform & Digital Courts: PPDC provides free legal aid to 20,000+ inmates and promotes e-filing and virtual hearings.
2. Nigeria Police Act 2020 Introduces accountability, human rights safeguards, and ensures respect for suspects’ rights.
3. Judiciary Digitization States like Lagos, FCT, Kano, Kaduna, Rivers, and Ogun have embraced e-filing and hybrid hearings to cut delays.
4. Disability Inclusion: NCPWD implements the Disability Act via National Accessibility Compliance Certificates.
5. International Support: UN pressures Nigeria to implement the Disability Act to protect persons with disabilities.

Civil society groups continue monitoring justice access and advocating for marginalized populations.

Suggestions and Way Forward

A. Improving access to justice for marginalized people in Nigeria involves structural reforms and specific initiatives. Key recommendations include:

B. Increase Funding for Legal Aid Council (LACON): Boost federal funds and operational capabilities to extend legal aid programs, recruit additional lawyers, and assist women, rural poor, detainees, and persons with disabilities.

C. Establish Mobile Courts and Legal Clinics: Expand mobile courts and community legal clinics to address small civil and rights-based disputes, decreasing barriers caused by distance, expenses, and low literacy.

D. Mandatory Human Rights and Anti-Discrimination Training: Train officers countrywide on human rights, the officers Act 2020, gender sensitivity, disability inclusion, and ethics to improve policing and develop trust.

E. Implement Disability-Friendly Court Guidelines: Enforce accessibility standards, provide ramps, interpreters, and assistive facilities, ensuring meaningful participation of persons with disabilities in court processes.

F.Enforce the Child Rights Act (CRA): Fully implement and domesticate the CRA, developing child-friendly courts, social worker support, and shelters to safeguard vulnerable children.

G.Expand Technology-Driven Justice: Scale e-filing, virtual hearings, case monitoring, and online legal aid to minimize delays and improve access for women, the elderly, rural populations, and persons with disabilities.

H. Strengthen Community Paralegal Networks: Train, certify, and deploy paralegals to provide legal awareness, mediation, and support, resolving basic issues locally and lowering case backlogs.

I. Enhance Multi-Stakeholder Coordination: Improve coordination among government agencies, NGOs, and development partners for data sharing, advocacy, and monitoring to promote accountability and justice for vulnerable communities.

Conclusion

Access to justice remains a key concern in Nigeria, particularly for women, rural poor, children, persons with disabilities, minorities, the elderly, and internally displaced persons. Despite robust legislative frameworks including the Constitution, legislative Aid Council Act, Child Rights Act, Disability Rights Act 2018, and Police Act 2020s tructural impediments continue, such as poverty, discrimination, language and geographic inequities, and insufficient enforcement.

Recent innovations in court digitization, rights-based policing, and disability inclusion indicate promise. However, significant transformation requires appropriate funding, effective enforcement, citizen-centered design, and active participation of civil society. A justice system is only as strong as its treatment of the most vulnerable, and providing equal access to justice is crucial for human dignity, democratic governance, and inclusive national growth.

Access to justice is crucial for upholding human rights, yet in Nigeria, vulnerable groups including women, rural poor, persons with disabilities, children, the elderly, prisoners, and minorities face systematic impediments. Discrimination, geographic and financial difficulties, insufficient enforcement of protective laws, and restricted support services impair their capacity to claim or defend rights.

Bibliography

1. Statutes / Legislations

Constitution of the Federal Republic of Nigeria 1999 (as amended)
Administration of Criminal Justice Act 2015
Child Rights Act 2003
Discrimination Against Persons with Disabilities (Prohibition) Act 2018
Nigeria Police Act 2020

2. International Human Rights Instruments

International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
United Nations Convention on the Rights of the Child
UN Human Rights Committee, General Comment No 18 (Non-Discrimination)
UN Human Rights Committee, Love v Australia (Communication No 983/2001)

3. Case Law

Bamaiyi v The State (2001) 8 NWLR (Pt 715) 270
Fawehinmi v Abacha (2000) 6 NWLR (Pt 660)
A.G. Lagos State v A.G. Federation (2014) 9 NWLR (Pt 1412)
Apo Six Killings Case (2005–2017)

4. Books, Reports & Academic Sources

OECD & Open Society Justice Initiative, Access to Justice: Global Review of Findings (2023)
Hague Institute for Innovation of Law (HiiL), Justice Needs and Satisfaction in Nigeria (2023/2024)
World Bank, Identifying and Supporting Vulnerable Groups (2022)
Amarachi E Ejim & Uzoma O Okoye, Evaluating the Implementation of the Disability Act in Nigeria (2023)
World Justice Project, Pretrial Detention and Court Delays in Nigeria (2018)
World Health Organization, Ageing and Health (2024)