ABSTRACT

Abstract

There is conceptual problem on ‘access to court’ and ‘access to justice. Thus, there is need to clarify the conceptual ambiguity arising from the wrong impression that many have on the concept of access to court and access to justice. This paper therefore examined the concept of right of access to court and right of access to justice taking into consideration various opinions of writers who have written on the subject matter. To achieve the above stated objectives, the research methodology employed in this paper is qualitative. Hence, the paper adopted doctrinal approach which entails library – based analysis of the content of both the primary and secondary sources of information. The primary sources in this regard include the various international instruments such as the United Nations Human Rights Treaties in Africa Situation, 1996; Universal Declaration of Human Rights, 1948, Canadian Charter of Rights and Freedoms 1985, African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, as well as national legislations such as the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the Constitution of Uganda and the Constitution of the United States of America, and case laws. The secondary sources on the other hand are textbooks, journal articles, law reports, newspapers and internet materials. The paper found that the Constitutions of many countries guarantee right of access to court and right to access to justice but in practice, some of the Constitutions protect the right of access to court more than the right of access to justice. The study also found that the judiciary in most commonwealth countries is not inclined to adopt liberal approach while interpreting the provisions of some statutes or enactments which purport to impose limitation on the fundamental right of access to justice, they prefer to throw away genuine cases based on avoidable mere technicalities. This paper concluded that for people to enjoy effective and efficient access to court and access to justice, the courts should adopt liberal approach in interpreting the constitutional provisions on right of access to court. This will enhance proper dispensation of substantial justice to all citizens on equal basis without any form of discrimination or bias.