Not all fingers are equal. While some people can afford the services of a lawyer when confronted with a legal problem, others must ‘travel’ the complexities of the law without professional assistance simply because they cannot afford it. It is hardly reassuring to know that justice is available in principle but to be unable to pursue it in practice.
In the big books of the law, we speak of the rule of law and equality before the law. But what do these principles mean to a person who cannot afford a lawyer to protect their rights or defend them against an allegation? Can justice truly be accessible to all if the cost of obtaining legal assistance places it beyond the reach of some?
The inability to afford a lawyer should not become an insurmountable barrier to seeking justice. How, then, can someone who cannot afford legal representation obtain the assistance they need? Ghana’s legal aid system seeks to bridge this gap by providing legal assistance to eligible persons. But how does it work, who qualifies, and what challenges stand in the way of making justice accessible to all?
Legal Aid: A Constitutional Guarantee
Legal aid in Ghana has a constitutional foundation. Article 294 of the 1992 Constitution provides for legal aid in proceedings relating to the enforcement of the Constitution, where a person has reasonable grounds for taking, defending, prosecuting or being a party to those proceedings. The constitutional framework also provides for Parliament to regulate the grant of legal aid and for legislation to extend assistance to other matters.
The Legal Aid Commission Act, 2018 (Act 977), gives effect to this framework by establishing the Legal Aid Commission and setting out its responsibilities. The Commission’s mandate extends to indigent persons as well as those who fall within the constitutional category. The significance of legal aid lies in the recognition that access to justice should not depend entirely on a person’s ability to pay for a lawyer. Legal rights may be recognised by law, but people need practical assistance to understand, protect and enforce them.
Legal aid is also broader than representation during a court hearing. It may include legal assistance before proceedings begin, support while proceedings are ongoing, and assistance in reaching or giving effect to a compromise that avoids or brings proceedings to an end.
The Role of the Legal Aid Commission
The Legal Aid Commission plays a central role in making legal assistance available to eligible persons. Its work includes representing people in court, giving legal advice, public education, the protection of fundamental rights and the resolution of disputes.
Through its Citizens Advisory Division, the Commission provides free legal advice and undertakes public education to help people understand their rights and responsibilities under the law. The Public Defenders’ Division assists persons who require legal representation to secure equality before the law and a fair trial. Its responsibilities include providing legal aid to persons in police or prison custody, assisting juveniles and defending persons accused of criminal offences in the circumstances provided by law.
The Commission also operates an Alternative Dispute Resolution Division, which assists people in dispute to reach compromises through appropriate dispute resolution mechanisms. The importance of this function cannot be overemphasised. Not every disagreement needs to end up in court. In suitable cases, mediation or another form of alternative dispute resolution may help parties settle their differences without the time and expense associated with litigation.
Collectively, these services demonstrate that legal aid is not merely about providing a lawyer to someone who cannot afford one. It is also about helping people understand their legal position, protecting their rights and finding appropriate ways to resolve disputes.
Who Qualifies for Legal Aid?
One of the first questions a person may ask when seeking assistance through the Legal Aid Commission is whether they qualify for it. Under the Legal Aid Commission Act, the Commission provides legal aid to indigent persons and to persons who meet the constitutional requirements for assistance in proceedings relating to the enforcement of the Constitution.
But who qualifies as an indigent person, and how does the Commission determine whether someone can afford legal representation? In assessing financial eligibility, the Commission uses a means test to determine an applicant’s ability to pay for legal services or make contributions towards the cost of assistance. The national minimum wage serves as a guide in this assessment. Persons earning just around or below the minimum wage may therefore be eligible for assistance, subject to the Commission’s assessment.
However, earning above this amount does not automatically disqualify a person. Financial circumstances differ, and a person’s income alone may not tell the whole story about their ability to afford legal representation. The Commission may therefore consider other relevant circumstances and, where appropriate, determine whether the applicant can make a partial contribution towards the cost of assistance.
The Commission also considers the merits of the case. This involves examining the circumstances of the matter, the likely outcome and the cost of pursuing the proposed course of action. For instance, where the cost of taking a matter through court would be disproportionate to the likely benefit, or where a dispute could be resolved more appropriately through mediation, the Commission may explore alternatives to litigation. The two assessments are important because legal aid must respond both to the applicant’s financial circumstances and to the nature of the assistance required.
The Act also provides for Legal Aid Review Committees in regional capitals to hear and determine appeals against refusals. Applicants whose requests are declined can therefore enquire about the reasons for the decision and the procedure for seeking a review.
How Do You Access Legal Aid in Ghana?
Knowing that legal aid exists is one thing; knowing how to obtain it is another. When faced with a legal problem without the financial means to hire a lawyer, understanding the application process is thus essential.
The first step is to approach a Legal Aid Commission office, whether at the regional or district level. The first point of contact is the intake officer, who receives the applicant and makes an initial assessment of the nature of the problem. Following this initial conversation, the intake officer assists the applicant in completing the application form. The application fee is GH¢5, and the applicant is assigned a serial number for the application.
The next stage involves the means test and the merits test. The Commission assesses the applicant’s financial circumstances to determine eligibility and considers the nature of the case to establish the appropriate form of assistance. Where the application is approved and legal representation is required, a lawyer may be assigned to the applicant.
In other cases, particularly civil disputes that may be resolved without litigation, the matter may be referred to a mediator through the Commission’s Alternative Dispute Resolution Division. The mediator will facilitate the process of helping the parties explore whether they can reach an acceptable settlement.
Some matters may also require referral to another institution. For example, a domestic violence complaint may be referred to the Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service, where appropriate, for the necessary action.
A System Making a Difference, but Facing Challenges
Ghana’s experience with legal aid reflects a continuing effort to make justice more accessible to people who might otherwise struggle to obtain legal assistance.
In 2024, the Commission reportedly received approximately 10,000 cases. Figures for January to August 2025 indicate that about 6,612 cases were recorded during that period. Predictably, figures for 2026 may follow a similar trend. This illustrates the continuing demand for legal assistance. The Commission’s work deserves recognition. However, the demand for its services raises an important question whether it has the resources and geographical reach necessary to serve everyone who needs assistance?
After 39 years of its existence, the Commission has regional offices in 10 of Ghana’s 16 regions. At the district level, only about 45 of the country’s 261 districts reportedly have Legal Aid Commission offices. Staffing constraints present another challenge. In the Upper East Region, for instance, it is reported that one staff lawyer serves the entire region. Such constraints raise concerns about the Commission’s ability to respond to the needs of people across the country.
For a person who lives far from a Legal Aid Commission office, the difficulty of reaching one may itself become an obstacle to obtaining assistance. Similarly, where a limited number of lawyers must respond to a substantial volume of cases, the institution may face difficulties meeting demand promptly. Expanding geographical coverage, addressing staffing shortages and providing adequate infrastructure would therefore help the Commission reach more people and respond more effectively to their needs.
Access to justice should not remain a beautiful promise on paper. It should be a lived experience.
