International Journal of Law and Legal Studies

Review

Poverty, human rights and access to equity: Reflections from Nigeria

*Dave E. Desmond, Cecil Coetzee and Frederick Matthews

School of Law, Department of Management and Law, University of South Africa, Pretoria, South Africa.

E-mail: [email protected]

Accepted 25 October, 2014

Abstract 

In Nigeria, poor people are vulnerable to various human rights abuses. Their guaranteed rights under the Constitution are being infringed on a daily basis and this is exacerbated by persistent denial of access to justice. The article highlights obstacles that the poor encounters when seeking justice and at the same time suggests policy responses for overcoming them. Towards this end, the article analyses the concept of fundamental rights as enshrined in the 1999 Nigerian Constitution and the impact on the rights of the poor to access justice. Furthermore, the article evaluates the capabilities of the court’s system as a whole, as well as the judiciary and argues that unless the judiciary is independent, access to justice by the poor will continue to be a mirage. The article examines jurisprudence of other jurisdictions and draws useful inspirations from them to explain why justice is so important for poor people and introduces a broad range of responses in the areas of legal and institutional reforms.