Access to Justice in Nigeria: Why the Justice Gap Persists for Marginalised Communities

By Law Hub Admin

Access to justice is a foundational element of any democratic society, yet for millions of Nigerians, it remains difficult to attain. Legal systems are intended to protect rights, resolve disputes and hold institutions accountable, but in practice these functions are unevenly distributed. Marginalised communities, including low-income households, women, rural populations and people in pretrial detention, face persistent obstacles that limit their ability to seek legal redress. Understanding why this justice gap persists is essential for shaping effective reforms and building institutions that work for the public as a whole.

A central factor is the limited reach of legal aid in Nigeria. Public legal assistance is insufficiently funded and unevenly distributed, leaving many people without representation at critical stages of legal proceedings. This is particularly evident within the criminal justice system, where a high proportion of detainees remain in custody without timely access to legal counsel. Delays in investigation, prosecution and court hearings compound this problem, often extending pretrial detention far beyond reasonable limits. For affected individuals and their families, these delays translate into lost income, disrupted education and long-term social consequences.

Economic barriers also play a significant role. Although courts are formally open to all, the cost of engaging with the justice system is often prohibitive. Filing fees, transportation expenses, documentation requirements and time away from work combine to make legal action unrealistic for many Nigerians. These challenges are more pronounced for rural residents who must travel long distances to access courts or legal offices. As a result, many disputes are handled informally or abandoned altogether, even when fundamental rights are at stake.

Low levels of legal awareness further widen the justice gap. Many people are unaware of their rights, the remedies available to them, or the procedures required to pursue a claim. This lack of information affects everyday issues such as employment disputes, family law matters and land conflicts. Without clear guidance, individuals are more vulnerable to exploitation and less able to hold authorities or private actors accountable. Legal complexity, coupled with unfamiliar language and procedures, reinforces exclusion rather than resolving it.

Institutional practices also contribute to unequal access. Law enforcement and judicial processes often prioritise administrative convenience over timely resolution. Weak oversight, limited accountability mechanisms and inconsistent application of legal standards undermine public confidence and discourage engagement with formal justice institutions. Women and other socially marginalised groups face additional barriers related to discrimination, stigma and unequal power dynamics, which influence whether they are believed, supported or protected when they seek justice.

Despite these challenges, there are practical pathways to improvement. Community-based legal services, including paralegal programmes, have demonstrated effectiveness in bridging the gap between formal institutions and local communities. By providing legal information, mediation support and referrals, paralegals help resolve disputes early and prevent escalation. Strengthening these initiatives and integrating them into national justice strategies would significantly expand access without placing additional strain on courts.

Targeted investment in legal aid, court administration and legal literacy is also essential. Technology can support these efforts by improving case management and reducing delays, provided digital solutions are complemented by offline access for communities with limited connectivity. Reforms that focus on efficiency, transparency and early intervention can reduce costs for both the state and citizens while improving outcomes.

Improving access to justice is not only a legal obligation but a development priority. When people can resolve disputes fairly and predictably, social trust increases and economic participation becomes more secure. Closing Nigeria’s justice gap will require sustained political commitment, coordinated action and a clear focus on the lived realities of marginalised communities. With deliberate reform and investment, the justice system can become more accessible, responsive and equitable for all.