Introduction
…the need to give legal aid to indigent poor litigants and accused persons, ignorant of the legal process cannot be over-emphasized
In order to safeguard the liberty of the citizens in whose interest laws are promulgated, it is essential that indigent and illiterate persons, ignorant of the legal processes, are not left to their own devises but are offered much needed legal assistance. Legal aid, which is the provision of assistance to people otherwise unable to afford legal representation and access to the court, is central to providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. In rural Ghana, accessing legal aid remains a significant challenge, with many communities lacking proximity to legal services. Meanwhile, Kyrgyzstan’s innovative solidarity bus model offers an intriguing parallel for addressing Ghana’s legal aid gaps. The solidarity bus model, where legal aid meets community needs, could inform strategies to deploy legal services to hard-to-reach areas. By exploring this unlikely connection, we can identify practical ways to drive legal aid accessibility in Ghana’s rural communities, ensuring that justice isn’t just a distant destination. This essay examines the potential of adapting the solidarity bus concept to propel legal aid into Ghana’s unserved regions, bridging geographical and socio-economic divides. With innovative approaches, legal aid can reach further, touching lives where it’s needed most.
The legal aid in Ghana
In line with Articles 17(1), 19(1) & (2)(f) of the 1992 Constitution, the laws of Ghana envisage the provision of free or otherwise inexpensive legal services and advice by lawyers which is eventually paid for by the state, as a way of aiding persons who cannot pay the full fees of the services of a lawyer. The law relating to legal aid is now principally based on the Legal Aid Commission Act, 2018 (Act 977). Section 2 of Act 977 provides that the object of the Legal Aid Commission is to provide legal aid to “(a) an indigent, and (b) a person who has reasonable grounds to take, defend, prosecute or be a party to proceedings related to the Constitution in accordance with clause (1) of article 294 of the Constitution.” Section 114 of the Courts Act, 1993 (Act 459) (as amended) gives all the courts power to assign cases to lawyers and this is in law referred to as “assigned brief”. The lawyer to whom the case has been assigned is to handle the case and submit his fees for payment, subject to complying with certain conditions. The Juvenile Justice Act, 2003 (Act 653) further provides in section 22(d) that the juvenile court shall, at the commencement of proceedings in court, inform the juvenile in a language that the juvenile understands of the right to Legal Aid. Thus, in a situation where a juvenile is facing a criminal charge, it should be told the juvenile that he or she is entitled to legal aid and they are thereafter referred to the Legal Aid Board for help. The Whistle Blowers Act, 2006 (Act 720) allows that a whistle blower or a person who discloses impropriety and runs into problems after the disclosure of a corrupt act is entitled to legal aid from the Legal Aid Board or another institution. Finally, Article 294 of the 1992 Constitution provides for legal aid. It provides that “for the purposes of enforcing any provision of the Constitution, a person is entitled to legal aid in connection with any proceedings relating to this Constitution if he has reasonable grounds for taking, defending, prosecuting or being a party to the proceedings.” The Constitutions emphasizes that legal aid shall consist of representation by a lawyer, including such assistance as is given by a lawyer, in the steps preliminary or incidental to any proceedings or arriving at or giving effect to a compromise to avoid or bring to an end any proceedings.
The Solidarity Bus Model in Kyrgyzstan
Providing legal assistance to the population of Kyrgyzstan, especially for the poor, is one of the priorities of a program initiated by the Government of the Kyrgyz Republic. On March 14, 2016, the Government of the Kyrgyz Republic passed a Resolution on approval of the Concept of increasing the legal culture of the population of the Kyrgyz Republic for 2016–2020. The document contained the systematic approach of public authorities towards the improvement of the legal culture, which includes legal training and education of the population, the formation of modern legal consciousness and personal behavior. This concept is aimed to achieve a level of legal awareness and legal culture of the population of Kyrgyzstan, which envisages legal training and the system of belief that upholds the law and the need to follow its provisions; the possession of skills of rights’ implementation, amongst other things. One of the paragraphs of the Action plan contained a provision on providing legal information and free qualified legal aid with the use of “Solidarity Bus”. As part of the Solidarity Bus project, a group of lawyers of the Ministry of Justice of the Kyrgyz Republic travel to different parts of the country regularly and provide easily accessible advice on legal issues, as well as an explanation of the law. This project allows residents of regions to get a full range of legal services from qualified professionals. Lawyers can be contacted for help in drafting lawsuits and other applications, petitions, complaints to courts and law enforcement agencies. This practice of helping people to learn more about the legislation of the country and providing legal services by the Ministry of Justice is especially useful for people from rural areas where receiving legal assistance is quite difficult. According to the information provided in the official website of the Ministry of Justice, the “Solidarity Bus” project is aimed at introducing the practice of providing free legal aid and legal information to the local population by going to the regions by a group of professional lawyers, public notaries and employees of the Ministry of Justice of the Kyrgyz Republic on a special vehicle in the form of a bus. The objectives of the project are to help protect the rights and legitimate interests of citizens, to conduct legal and explanatory work and, in general, to increase the legal literacy of the population. Hitherto, citizens of these areas had to travel up to 18km to receive legal services. The distance and the resulting transportation costs represent a significant problem especially for mothers with young children, people with disabilities and senior citizens.
Conclusion
Ghana’s rural communities can benefit from Kyrgyzstan’s solidarity bus model, adapting it to drive legal aid accessibility. By leveraging shared resources and community-driven initiatives, legal services can reach underserved areas. Implementing mobile legal clinics or paralegal programs inspired by the solidarity bus concept can bridge geographical gaps. This approach ensures justice is not limited by location or income. Ghana’s Legal Aid system can explore partnerships with the Ministry in charge of transport and NGOs to extend services. The State should also do more in beefing up the resources of the Legal Aid institution to provide better services and increase access to justice. The solidarity bus idea shows community-led solutions can inform innovative legal aid delivery. By putting legal wheels on the ground, Ghana can accelerate access to justice for all, leaving no community behind. Though the model may not totally and immediately improve the situation on a large scale, it in fact has great potential. This cross-border insight offers a practical path forward for equitable legal access.
God bless!
