APPRAISING THE RIGHT OF A PRO SE LITIGANT UNDER NIGERIAN LAW: ACCESS TO JUSTICE OR PROCEDURAL ILLUSION?

Abstract

This article critically examines the efficacy of the right of pro se litigants; under Nigerian law. It interrogates whether the constitutional guarantee to fair hearing, which encompasses the right to self-representation in court truly translates into meaningful access to justice. The study evaluates the legal, procedural, and institutional realities that shape the experiences of litigants who elect to represent themselves in judicial proceedings. It adopts a doctrinal research methodology to analyse relevant constitutional provisions, statutes, and judicial authorities, alongside comparative insights from jurisdictions such as the United Kingdom and the United States. The study argues that although Nigerian law formally recognizes the right to self-representation as an incident of the right to fair hearing, the practical utility of this right is significantly undermined by procedural technicalities, judicial attitudes, inadequate institutional support, and systemic inefficiencies within the justice system. The article finds that pro se litigants often encounter substantial disadvantages, including difficulties in navigating court processes, and implicit bias in judicial engagement; thereby weakening the foundational principle of equality before the law. The study found that the absence of structured support mechanisms such as simplified procedures and courtroom assistance frameworks; exacerbates the vulnerability of pro se litigants. The article concludes that the right to self-representation in Nigeria, though constitutionally guaranteed, operates more as a theoretical entitlement than a practically effective tool for justice. It recommends targeted reforms, including procedural simplification, judicial training, institutional support systems, and the integration of technology-driven legal assistance platforms to enhance the effectiveness of pro se litigation.