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Justice delayed they say, is justice denied and one cannot think about the numerous cases delayed due the this pandemic. In Ghana, like many third world countries, it is very challenging for the poor and vulnerable to access justice due to the high cost of legal services. The national legal aid scheme in Ghana started as a court- initiated practice in the 1940s and ha grown to the extent that it gives justice to all. In Ghana’s effort at ensuring constitutional democracy, rule of law and access to justice to the poor and vulnerable, the national Legal aid scheme was established in Ghana to provide legal assistance to those who cannot afford access to lawyers.
The scheme ensures legal representation for persons facing criminal proceedings which could result in a death penalty or life imprisonment such as murder, treason, manslaughter where other criminal matters are concerned, the Scheme provides representation for persons who are faced with proceedings but cannot afford services of a lawyer.
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Legal Aid is also available for person who has legal issues in civil matters but is unable to afford the services of a trained legal person in effort to have the issue resolved. The Scheme assist with succession or estate issues especially when they are intestate, landlord and tenant matters, labor issues between employer and employee, family related issues such as marriage, paternity, custody, maintenance etc. Issues of compensation resulting from injuries or damage to person or property including Insurance. It is one of the component institutions over which the ministry of justice has oversight responsibility is governed by a twelve (12) member board of directors.
Nearly three decades after the establishment of Legal Aid Scheme in Ghana, many accused persons still go through trials without being represented by a lawyer. And the challenges brought to to world as a results of Covid-19 has further exacerbate their plight thus, affecting their output in justice delivery.
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As the COVID-19 continues to spread across the world with trajectory so difficult to predict, its magnitude on justice delivery cannot be overlooked. Majority of Ghanaians are virtually denied access to the Justice system because of dire economic needs. Already, there has been a major issues affecting the national legal aid scheme in Ghana since its inception in the 1940s to its first legislation regime in 1987 and subsequent Act of Parliament of Ghana under the legal Aid Scheme 1997 Act 542 which is currently regulating the legal Aid Scheme in Ghana. For the legal aid scheme to carry out its mandate with any measure of efficiency there is an urgent need for sufficient funds to be made available to it, failing which its existence is of no importance to the numerous indigent persons needing the Scheme assistance.
In as much as the Scheme is striving for justice delivery amidst this pandemic, there is a lot to be done towards justice delivery in Ghana. There's the need to;
Recruitment of Lawyers and ADRs- As a matter of urgency, the Government should recruit Lawyers and Alternative Dispute Resolvers to aid in justice delivery as they are the core personnel forming the team for effective operation of the national legal aid scheme. The current Legal Aid Scheme is under staffed.
Funding is the major challenge facing the national legal aid scheme-The national Legal Aid Scheme does not have adequate financial resources to make a meaningful impact to the society as a whole. Private legal practitioners refuse to accept briefs to give legal assistance to accused persons at criminal section thus putting much burden on the regional directors of the Scheme to do most of the cases themselves.
The Legal Aid Scheme should liaise with the Ghana Bar Association and the National Service Scheme to provide lawyers to the scheme.