The Worsening Nigerian Economy: Pro Bono Legal Services Likely Unrealistic Any Longer Without Financial Aid

By Amb. Hameed Ajibola Jimoh, Esq.

ACArb. (Chartered Arbitrator), MTI Accredited Mediator, CGArb. (Global Peace and Conflict Resolution and Management Expert), FIGPCM, LPC, PC-WCM, FIMC, CMC, CMS and Notary Public for Nigeria

Rendering Pro bono legal services by lawyers is encouraged at all times, despite the current economic challenges, but lawyers in a great number, will not really be willing to render such legal services pro bono (whether in civil or criminal matter). Their plights or constraints too are or should be understood perhaps due to the economic pressures telling on them from either family members or other dependents. So, rendering such pro bono legal services is becoming no longer realistic within the present worsening economy of the country. Hence, this topic.

Legal Aid is the free legal services provided by the government through an attorney employed by the State. Free legal services (pro bono) provided by a private lawyer to an indigent is also legal aid. See: page 41 of Legal Aid and Right to Justice, by Hanbal A. Muhammad Zubair (M. DRI). The Nigerian law recognizes the right of a legal practitioner to offer legal services to his clients without any remuneration (i.e. for the payment of his ‘legal fee’ only). See section 9(2) of the Legal Practitioner Act, 2010-herein after referred to as LPA. Also Rule 52(1) of the Rules of Professional Conduct for Legal Practitioners, 2023-herein referred to as RPC. Such free services may be rendered to indigent clients, friends, family members or clients with long standing relationship with the legal practitioner. Such free services may also be rendered by a legal practitioner in contentious and non-contentious matters. See: A. Obi Okoye, Law in Practice in Nigeria: (Professional Responsibilities and Lawyering Skills), Snaap Press Ltd., 2011, second Edition, Enugu, at page 114.

Furthermore, Pro bono is a phrase from Latin Language whose full meaning is ‘pro bono publico’ i.e. ‘for the public good’. Being or involving uncompensated legal services performed especially for the public good. See: Black’s Law Dictionary, Eighth Edition, 2004 at page 1240-1241. It was quoted in the above dictionary, the words of Deborah L. Rhode & Geoffrey C. Hazard, Professional Responsibility, 162 (2002) on pro bono thus ‘The bar in this country has a long-standing tradition of service pro bono publico-  legal services ‘for the public good’, provided at no cost or reduced fee (underlining is mine for emphasis).  This concept encompasses a wide range of activities, including law reform efforts, participation in bar associations and civic organisations, and individual or group representation. Clients who receive such assistance also span a broad range including: poor people, nonprofit organisations, ideological or political causes, and friends, relatives, or employees of the lawyer’. As stated earlier in this paper, the RPC also allows the rendering of pro bono services at the convenience of the legal practitioner thus ‘The professional fee charged by a lawyer for his services shall be reasonable and commensurate with the service rendered: accordingly, the lawyer shall not charge fees which are excessive or so low as to amount to understanding: provided that a reduced fee or no fee at all may be charged on the ground of the special relationship or indigence of a client’. See Rule 52(1) RPC (supra). Unfortunately, there is no definition of what amounts to professional fee either by the LPA or the RPC. Professional fee is defined by the Black’s Law Dictionary (supra) as attorney’s fees to mean ‘The charge to a client for services performed for the client, such as an hourly fee, a flat fee, or a contingent fee’. See page 139. However, it is humbly submitted that professional fee is such type of remuneration or compensation which a legal practitioner may receive from his client for the professional services rendered to the client, either by the nature of such services rendered to the client, the existence of an agreement between him and the client relating to the retainership and other statutory considerations which affect fees of legal practitioners generally. 

Furthermore, Section 46(4)(b)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution- provides that the National Assembly shall make provisions for financial assistance to any indigent citizen of Nigeria whose right under the Chapter IV has been infringed or with a view to enabling him to engage the services of a legal practitioner to prosecute his claim. Unfortunately, some of our Nigerian citizens have abused this privilege in seeking pro bono legal services from a lawyer! They fail to realise that what is free is the lawyer’s ‘legal fee’ and not ‘the running or litigation costs’ (i.e. the costs of prosecuting the case such as: the costs of printing and photocopying necessary documents; filing fees; bailiffs’ fee for serving the court processes; appearance fee, etc. or in an appeal, fees for compilation of records of appeal, brief, legal researches, and other incidental fees). But today, the mentality of some of these Nigerian citizens is a situation where such person (even those that are not actually indigent in real sense) would seek a lawyer to prosecute the case 100% with his money (without paying any fee for the running cost at all or by paying insufficient fee that would not be sufficient to carry out the legal services required). It is surprising that pro bono is sought by Nigerian citizens when it comes to a lawyer whereas, medicals or health services in hospitals are not rendered pro bono! Commodities in the societies are not offered pro bono! Law Office rent is not pro bono by the landlord! Why then or what then is a lawyer’s offence that he could not be paid for his legal services?! Respectfully, some lawyers too made themselves to be abused in regard to their legal services by the way and manner that some of them went about the pro bono legal services! Notwithstanding these pressures of the economy on a lawyer, some of us as lawyers still sacrifice to render pro bono legal services to the supposed indigent persons. However, considering the present worsening Nigerian economy, without financial aid or assistance, rendering pro bono legal services would no longer be realistic and that is the truth that every Nigerian citizen needs to understand! No pro bono legal service is realistic in this worsening Nigerian economy without financial assistance, at least, that would cover the ‘running cost’ or ‘litigation costs’, where, at least, a lawyer could still gain stipends to take care of his immediate needs (even if such benefit is not tangible)! Also, a lawyer may also charge a reduced legal fee in some deserving situations of some supposed indigent persons! Afterall, it is not an offence for a lawyer to be paid his legal fee in full! 

The Nigerian economy has come this far in its worsening conditions. Majority of Nigerians (that is, the masses) are already fore-bearing a lot of hardships to survive on a daily basis as a result of the worsening Nigerian economy. Unfortunately, the present political leadership, with due respect, has not considered finding a lasting solution that is workable to lift and or recue these suffering Nigerians from these hardships. Those who were multi-millionaires prior to this regime found themselves struggling to survive despite their class-status. A middle-class person has become lower in status! Hence, ‘things have continued to fall apart’ and ‘the centre could no more hold’! The above worsening situations of the Nigerian economy do not leave out the legal profession in regard to rendering of pro bono legal services by a lawyer to an indigent person standing criminal trial or fundamental rights enforcement suits: bailiffs of courts cannot serve court processes free of charge (and must be paid well); printing and photocopying of legal processes are not free and in fact, are on the very high side now (especially where printing at some locations FCT-Abuja is not less than N500 per page and photocopying a page of document is not less than N100); the transport to and fro the courts and the various detention facilities have also increased highly; cost of accommodation for a lawyer and his family is high (for instance, in Bwari, FCT-Abuja, a one-bedroom flat has increased to not less than N500,000.00 (as opposed to N150,000.00 – N200,000.00, that it was prior to this government) for old-built house and not less than N800,000.00 or N1,500,000.00 for newly built house depending on the location and landlords have continued to increase rents; in fact, the year 2025, saw a high rates of rents-increase in the FCT-Abuja, than ever before); educational fees (both religious and western) have also increased highly for young pupils of a lawyer; airtimes and data subscriptions from network providers have also increased highly (in fact, the network providers such as MTN & Glo networks that used to provide bonuses on airtime and data subscriptions have suspended such benefits and rather increased their tariffs on such subscriptions); commodities in the market places have also increased highly beyond comprehension except a few (for instance: one mudu (a kind of measurement) of local rice (depending on the specie) is not less than N2,300.00 (even though mixed with some particles of sands or stones) in the Bwari axes; and other commodities have increased highly which a lawyer may desire to purchase for himself and his family (in fact, restaurants where a lawyer could patronize to eat after a stressful work in courts or office have increased their food prices)); the costs of dry-cleaning a lawyer’s clothes (suits, etc.) have also increased; the National Health Insurance Scheme (NHIS) has also recently increased its premium payable by a lawyer from N15,000.00 to 38, 718.00 (despite having been subsidized by the Nigerian Bar Association (NBA)); the Nigerian Bar Association (NBA) year 2025 Annual Conference fee has also increased highly; the costs for auditing statement of accounts and paying Personal Income Tax by a lawyer has also increased by the auditor’s bill and the assessments by the tax authority; even the amount to barb hairs at the barbing salon is not less than N1,000.00 (in local areas not to talk of in an urban  or developed area); among other worsening economic situations of Nigeria (yet, a number of clients and or prospective clients still desire ‘pro bono and free legal services’ from a lawyer!). All these would compel a lawyer who is willing to offer pro bono legal services to indigent prospective clients to think twice about his decision in that regard (as he also gets nothing for free rather everything he gets is high in price!). Expenses of a lawyer are being reduced and or managed and no more ‘business as usual’. Therefore, a lawyer would think of operating his law firm as a ‘business entity’ that it is normally rather than considering any free legal service for any prospective client. In fact, it is now a good advice that a lawyer collects his legal fees or any fee for any legal work or for any legal service before embarking on any such legal service, else, he might find it difficult to get paid for his legal services rendered by his client. It is now true that a number of persons owing are likely not to pay back their debts. In fact, landlords- tenants disputes over failure to pay rents by some tenants are increasing (in fact, some lawyers who are tenants have not been exempted). This worsening economy is forcing policies-change in order for a lawyer to live up to his expectations. In fact, the American government has stopped grants to some Non-governmental organisations which also adds to the worsening impacts; as Nigeria finds it difficult to even survive on her own (though, despite all the economic values of the nation) without external aids. Afterall, a lawyer’s law firm is not a charitable organization!  Therefore, pro bono or free legal services are likely to be negatively affected in the very near period of time. Therefore, in my humble analysis, the state of the Nigerian nation on the economy is that the nation is on its way to scoring ‘F9’ or ‘failure’ in rating her economic development. ‘Suffering and smiling’! ‘Be patient; we are working on building the economy’ are mere dreams rather than the realities of what the masses would see! Insecurity (as a result kidnapping by unknown gun-men and armed robbers) affects almost the various affordable locations where a lawyer could reside with his family and even majority of lawyers cannot afford to reside in the central areas in the city of FCT-Abuja! The above are indications of ‘poor welfare’ and ‘security’ of the nation by the Nigerian government in power.

Finally, it is therefore very unfortunate (whereas, the truth cannot be denied) that Nigerian economy is worsening daily and these resulting impacts do not exempt offering or rendering pro bono legal services by a Nigerian lawyer! The government is advised to check its policies and consider policies that positively impact the masses’ welfare and security for a responsive and responsible democratic government! Prospective clients are to also be always ready to pay for costs of prosecuting their cases rather than dumping such cases on a lawyer’s table with the expectation that he ‘must’ do the cases with his personal fees! Nevertheless a lawyer’s readiness to render pro bono legal services, same should be ‘an asset’ and not ‘a liability’! Where the economy continues to worsen and the government makes no provision for financial assistance that a lawyer or an indigent could access to aid the prosecution of his case or where there is no financial or charitable grant for such prosecution, there is absolutely nothing such lawyer can do to help those cases, no matter his passion for pro bono legal services! Afterall, a law firm is not run as a charitable entity rather, it is a business entity! 

Email: hameed_ajibola@yahoo.com     08168292549.

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