ABSTRACT
This study was initiated to
investigate the relationship between poverty and access to justice in Calabar
South local government. Specific objectives of the research are to: identify
the spread and availability relative distance of court services; review the
trial process and determine its ease and affordability to the citizens; make an
assessment of poverty in relation to access to justice; and adopt the measures
that will help to improve access to justice. The study adopted the survey
research design and the stratified random sampling technique was used in
selecting respondents. Questionnaires were used as instrument of data
collection and a total of 150 respondents were used as the sample. Findings
revealed that the spread and availability of relative distance of court
services are beneficial to the rich and affluent in the society. Findings
revealed that trial processes are very poor in Calabar South, and that trial
processes and accessibility is beneficial and affordable to only the rich.
Also, Findings revealed the factors responsible for the denial of justice which
included poverty, corruption, distance, inordinate court delays and lack of information.
Findings further revealed that there should be rule of law, an institution/
organization that will help sanction corrupt practices among court’s officials,
creation of job opportunities, public enlightenment, and establishment of more
court. There is a significant relationship between poverty and access to
justice. More so, it was revealed that there is a significant relationship
between poverty and corruption.
CHAPTER ONE
INTRODUCTION
1.0 Background to the Study
Justice has always been a myth,
alongside truth, freedom and democracy. Yet nowadays the concept of ‘justice
for all’ remains one of the most fundamental and widely articulated principles
of contemporary societies (British Government, 2002). Justice is the true basis
of society, there is no such thing as abstract justice for the simple reason
that whatever pattern of justice exists in a particular society is tied to the
attitude of its people and the effectiveness of the organs for the
administration of justice. In this regard, the ordinary citizen is important.
According to Aristotle, (quoted by Benjamin, 1899: 4). Man, it is said when
perfected is the best of animals, but when separated from law and justice, he
is the worst of all. This means that Law
and justice are indispensable commodities in any given society. In effect,
access to justice suggests above all the possibility to access the
infrastructures of justice: to have a judgment, rather than just be arrested
(PRI Malawi, 2000). Laws are made for him/her and for the common good of the
society in which he/she lives. It is therefore in relation to him him/her that
the efficiency of laws should be tested in terms of:
i.
How
he/she perceives the law.
ii.
The
access that he /she enjoy or do not enjoy to the judicial process.
iii.
His
specific experiences as he/she encounters the justice system.
iv.
His
capacity to understand his own rights and means of those rights.
To ensure freedom, equality and
justice, the citizen must be seen to be equal before the law, must be educated
to understand their duties and rights, they must be protected, equal
opportunity for growth and development must be ensured, and they must have
equal access to political, social and economic resources for the realization of
potentialities and their safety and security must be ensured.
Justice must be made more accessible
to the common man in particular and all sundry in general if the society is to
be perceived as geared towards a human face society with abundance opportunity
and an effective strategy for poverty reduction.
1.1 Statement of the Problem
Judiciary is said to be the last
resort of the common man. For that, it is the courts that interpret laws and
apply in different circumstances. The protection of individual person; his
rights and properties depend upon the judicial structures made available,
accessible and affordable. It is commonly noted that in many cultures there is
reluctance, particularly among the poor, to become entangled with the courts.
This is sometimes attributed to the strong stigma attached to any encounter
with the law, no matter how innocent’ (Anderson, 2003:16).
To this extent therefore, access to
court and its service remain a pre-condition for the protection of the
fundamental human rights and economic development. This is because court system
which is remote, unaffordable, delayed, or incomprehensible to ordinary people
effectively denies them legal protection. The research was motivated by the
fact that there are a number of positions in relation to judicial process.
While there is a stand that court service are available for all, including the
poor, others did not subscribe to this opinion, but that poverty is a great
barrier to access justice. In essence, of all the social phenomena that have a
significant impact on human rights, poverty probably ranks highest (Mubangizi,
2005). The United Nations Development Programme (UNDP) reports indicate that
access to justice is crucial to human rights enforcement and is increasingly
recognized as a component of poverty reduction programmes (UNDP, 2004).
The research therefore looked into
these issues with a view to provide a systematic explanation about the problem
of poverty and access to justice.
1.2 Aims and Objectives
On the grounds that there is unequal
access to justice among people in many societies characterized by an imbalance
between the poor and rich, and to ensure equality in every society, one of the
most prominent principles of the rule of law and democracy, access to justice
should be improved for the poor. In concrete terms, development of access to
justice for the poor is likely to help poverty reduction (DFID, 2000 and UNDP,
2004). The aim of this research is to provide an explanation about the
relationship between poverty and access to justice in Calabar South local
government.
The specific objectives of the
research include:
- Identify the spread and
availability relative distance of court services.
- Review the trial process and
determine its ease and affordability to the citizens.
- Make an assessment of poverty in relation
to access to justice.
1.3 Significance of Study
This research is significant in a
number of ways.
First, issues related to court and its
services will be brought to focus for public assessment and consumption.
Second, it is significant for use by
policy makers, government officials, social and political analysts,
non-governmental organizations and students.
The research will no doubt guide the
students who want to undertake research on similar topic or area. Hence it will
serve as reference for students and others interested in the area.
TOPIC: POVERTY AND ACCESS TO JUSTICE
Chapters: 1 - 5
Delivery: Email
Delivery: Email
Number of Pages: 88
Price: 3000 NGN
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