HOW TO REPRESENT YOURSELF IN A NIGERIAN COURT: LEGAL RIGHTS, FRAMEWORK & CHALLENGES FOR THE LITIGANT IN PERSON

ABSTRACT

This article examines self-representation in Nigerian courts, where individuals, known as litigants in person, appear without legal counsel either by choice or due to necessity. It explores the legal framework surrounding this practice, the challenges faced by self-represented parties, and the implications for access to justice. By shedding light on the rights and limitations of litigants in person, the article aims to inform ongoing discussions on legal inclusion and procedural fairness in the Nigerian justice system.

INTRODUCTION

Under Nigerian law, you have the legal right to represent yourself (pro se) in court, in civil and criminal matters, without legal representation. This is known as self-representation, and individuals who choose to represent themselves are called litigants in person. This right is grounded in the constitutional guarantee of access to justice as provided in Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

While self-representation is legally permissible, it presents challenges and opportunities in the Nigerian justice system. Legal proceedings can be complex, and it is easy to become overwhelmed without legal training. This article examines what it means to represent yourself in court, the legal framework, practical implications, and recommendations for reform.

WHO IS A LITIGANT IN PERSON?

A litigant in person is someone who chooses to represent themselves in a legal proceeding in court without hiring a lawyer. This can be done in both civil and criminal matters and applies across all tiers of the Nigerian judicial system, that is, from the Magistrate Courts to the Supreme Court.

According to Black’s Law Dictionary[1], self-representation is referred to as “pro se,” which means “on one’s own behalf” or “one who represents oneself in a court proceeding without the assistance of a lawyer.” Variations of the term, such as “in propia persona,” “pro per,” and “propia person,” all mean the same thing.[2]

Every person has the right to represent themselves either at first instance or on appeal. By choosing to represent yourself in court, you effectively waive your right to a lawyer. It is therefore important to note that once you take on this role, the court will hold you to the same standards as a trained legal practitioner.

REASONS FOR SELF-REPRESENTATION

There are several reasons why individuals may choose to go to court without a lawyer:

1. Cost. Legal representation can be expensive, and many people cannot afford legal fees.
2. Lack of Trust. Some individuals believe that legal practitioners are slow or exploitative.
3. Perceived Simplicity of the Legal Matter. Parties may feel capable of managing a case themselves in straightforward civil matters such as small debt claims or tenancy issues.
4. Personal Involvement: Some litigants want to speak for themselves because they feel personally or emotionally attached to a case.

LEGAL FRAMEWORK FOR SELF-REPRESENTATION IN NIGERIA

1. The 1999 Constitution of the Federal Republic of Nigeria (As Amended).

Theright to self-representation in Nigeria is grounded in the Constitution. Section 36(6)(c) of the 1999 Constitution (as amended) provides for the right to defend oneself and states thus:

“Every person who is charged with a criminal offence shall be entitled to defend himself in person or by legal practitioners of his own choice.”

This provision forms the foundation for self-representation in Nigeria and reflects a broader constitutional commitment to access to justice and fair hearing in both criminal and civil matters. While every accused person has the right to choose whether or not to engage a lawyer, this right is not absolute in all cases. For example, in capital offences, legal representation is mandatory.

Where a defendant cannot afford a lawyer, the court is required to provide one, either at the expense of the State or legal aid, as upheld in the cases of Josiah v State (1985) 1 NWLR (Pt. 1) 125; Eze v FRN (2017) LPELR-42097 (SC); and Udo v State (2016) NGSC 41.

2. Administration of Criminal Justice Act (ACJA) 2015.

Applicable in Federal High Courts and State High Courts that have adopted it, the ACJA reinforces the constitutional right to self-representation. Section 267(1), (3), and (4) of the ACJA provide for legal representation and the rights of an accused person to appear with or without a legal practitioner, and it states:

• Section 267(1) – The complainant and defendant shall be entitled to conduct their cases by a legal practitioner or in person, except in a trial for a capital offence or an offence punishable with life imprisonment.
• Section 267(3) – Where the defendant elects to defend himself in person, the court shall inform him of his rights within the trial and the consequences of his election.
• Section 267(4) – The Court shall ensure that the defendant is represented by a counsel in capital offences provided that a defendant who refuses to be represented by counsel shall, after being informed under section 349 (6) of this Act of the risks of defending himself in person, be deemed to have elected to defend himself in person and this shall not be a ground to void the trial.

Also, Section 349 of the ACJA emphasizes the need to notify unrepresented defendants of their rights and record such notices.

• Section 349(1) – Where a defendant charged before the court is not represented by a legal practitioner, the court shall:
• (a) inform him of his rights to a legal practitioner of his choice
• Section 349(6) – Where the defendant chooses to represent himself, the court shall:
• (a) inform him of all his rights under the Constitution of the Federal Republic of Nigeria, 1999 and under this Act; and
• (b) indicate the fact of having so informed the defendant on the record, but a defendant charged with a capital offence or an offence punishable with life imprisonment shall not be allowed to represent and defend himself.

In essence, while the law encourages legal representation in serious matters, it still permits the individual’s right to self-representation where appropriate.

3. State High Court (Civil Procedure) Rules.

Different States in Nigeria have their High Court Civil Procedure Rules that guide how civil cases are conducted. Across various jurisdictions, specific Rules expressly acknowledge that parties may appear in person in civil proceedings. For example, Order 11 Rule 2(1) of the High Court of the Federal Capital Territory (Civil Procedure) Rules 2025 provides:

“A defendant appearing in person shall state in the memorandum of appearance an address for service within FCT.”

Other State High Court Civil Procedure Rules with similar provisions include:

• Order 11 Rule 2 High Court of Lagos State (Civil Procedure) Rules 2019.
• Order 12 Rule 2 High Court of Borno State (Civil Procedure) Rules 2017.
• Order 9 Rules 2 High Court of Delta State (Civil Procedure) Rules 2009.
• Order 9 Rules 2  High Court of Anambra State (Civil Procedure) Rules 2006.

In summary, each of these provisions generally allows a party to:

1. Appear in person or through a legal practitioner.
2. File court processes such as originating summons, motions and other processes.
3. Present and argue their case during hearings.

This reinforces the right of individuals to conduct their own civil cases without a legal practitioner. However, it is important to note that representing yourself still means following the same rules and timelines that apply to lawyers in civil proceedings.

4. Legal Practitioners Act (LPA).[3]

This Act governs the legal profession in Nigeria and provides that only qualified legal practitioners may represent others in court. However, it does not prevent individuals from appearing for themselves, meaning that while non-lawyers cannot act as legal representatives of others, they are free to represent themselves in legal proceedings.

CASE LAW ON SELF-REPRESENTATION IN NIGERIA

Several court decisions have further clarified the rights and expectations of litigants in person. In the case of Abiola v Abacha,^[4] the court held thus:

“It is a trite principle that for the determination of his civil rights and obligations, a citizen has the guaranteed fundamental right to either represent himself in court or to be represented by counsel of his own choice.”

Also, in Oluwole v Lagos State Development and Property Corporation (LSDPC)[5], the Supreme Court emphasized that litigants without legal counsel must still be allowed sufficient opportunity to present their case, reinforcing the principle of fair hearing. The court emphasized that those directly affected by a decision should have a chance to make their case, including being given sufficient information on the reason for any revocation.

This decision reflects a key principle of the Nigerian legal system as guaranteed by the 1999 Constitution (as amended): the right to a fair hearing, and this legal right applies whether or not a party has a lawyer.

The court has recognized that litigants in person may face challenges in navigating legal proceedings, especially in presenting arguments and evidence, because, for example, the Evidence Act 2011 provides the rules for the admissibility of evidence. Consequently, the judiciary has a constitutional obligation to maintain a level playing field, particularly for those who lack the means to pay for legal representation by providing sufficient information, guidance, and reasonable flexibility to enable litigants in person to participate in proceedings meaningfully.

EXAMPLE OF SELF-REPRESENTATION IN NIGERIAN COURTS

The landmark case of Ukeje v Ukeje^[6] illustrates self-representation in Nigeria. In this case, Mrs Lois Chiture Ukeje, represented herself in instituting an action and challenged a discriminatory custom that denied daughters the right to inherit from their fathers.

The Supreme Court ruled in her favour, overturning the discriminatory Igbo customary law and affirming that female children have equal inheritance rights under Nigerian law. This case highlights how individuals can successfully present their case and shape legal precedence, even without lawyers.

RESPONSIBILITIES OF A LITIGANT IN PERSON

Choosing to represent yourself means taking full ownership of your case, including the responsibility to understand procedural rules, prepare your pleadings, file court documents properly, attend all court dates, and adhere strictly to the rules of evidence and civil/criminal procedure. As a litigant in person, you will be held to the same standard as a lawyer. The courts will not lower procedural expectations for you. Therefore, you are expected to:

1. Prepare your case thoroughly, including gathering evidence and organizing documents in line with the provisions of the Evidence Act 2011.[7]
2. Appear in court and present your arguments.
3. Comply with court rules, practice directions and other legal procedures.
4. Understand applicable laws, legal principles, defences, and obligations relevant to your case.[8]

In summary, the courts will expect the same level of procedural compliance from you as they would from a licensed legal practitioner.

YOUR RIGHTS AS A LITIGANT IN PERSON

Even without a legal training, litigants in person are entitled to the same procedural rights as persons who are represented by a legal practitioner. These include:

1. The right to a fair hearing.
2. The right to cross-examine witnesses.
3. The right to access and review court documents.
4. The right to appeal a court’s decision/judgment.

Courts are obligated to treat self-represented parties fairly, ensuring due process without prejudice.

COMMON CHALLENGES FACED BY LITIGANTS IN PERSON

While self-representation is allowed under Nigerian law, it can be challenging in practice and involve difficulties such as:

1. Procedural Technicalities. Nigerian legal procedure is often technical and complex, especially in superior courts. Failure to follow the correct procedure can lead to delays or your case being struck or dismissed.
2. Limited Legal Knowledge. Non-lawyers are often unfamiliar with court etiquette, the rules of evidence, drafting pleadings or applying precedents.
3. Emotional Involvement. Being personally invested in a case or arguing emotionally may affect objectivity and legal reasoning, thereby weakening the case.
4. Judicial Impartiality. Judges cannot assist a litigant beyond procedural guidance, as doing so may compromise their impartial role and be considered stepping into the arena. This could serve as a basis for overturning the trial court’s judgment on appeal.
5. Document Requirements. Court documents (pleadings) must typically carry the stamp and seal of a licensed legal practitioner. This requirement can pose an obstacle for litigants who are not lawyers.

RECOMMENDATIONS FOR REFORM

1. Expanding Legal Aid Services. Strengthening the Legal Aid Council of Nigeria to provide wider representation in civil and criminal matters, especially for the underprivileged.
2. Simplifying Court Procedures. Lower courts should adopt more accessible, less formal procedures that self-represented litigants can easily navigate.
3. Public Legal Education. Providing easy-to-understand resources and community workshops on legal rights and court processes can empower citizens to represent themselves effectively or recognise when to seek professional help.

CONCLUSION

Self-representation remains vital to access to justice in Nigeria, especially given the limited access to affordable legal services. However, successfully managing a case without legal training requires substantial effort and awareness from the litigant.

Though the courts are obliged to ensure fairness, the onus lies on the litigant to follow legal procedures and present their case appropriately. Consequently, for the Nigerian legal system to be more inclusive, reforms that support litigants in person while preserving the integrity and efficiency of the judicial process are required.

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Caveat! The content of this article is for educational purposes and is intended to provide a general understanding of the topic discussed. It is not intended to serve as legal advice whatsoever. If the contents appeal to you and you would want further clarification on any of the points raised therein, do not hesitate to reach out to our team.

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[1] (9^th ed. 2009)

[2] The University of North Carolina at chapel hill, “Defendants who represents themselves” https://nccriminallaw.sog.unc.edu/defendants-who-represent-themselves/ accessed on 2^nd June 2025

[3] Cap L11, LFN 2004

[4] (1997) 6 NWLR (Pt. 509) 413 (Pp.423-424, paras. G-A; 426, paras. A-B)

[5] (1983) 5 SC 1 according to Learn Nigerian Law. 

[6] (2014) 11 NWLR (Pt. 1418) 384

[7] See Sections 3, 12, 83 – 90, and 136 of the Evidence Act 2011

[8] Singapore court; Represent yourself in court: Rights and Responsibilities

https://www.judiciary.gov.sg/attending-court/represent-yourself-court-rights-responsibilities#:~:text=When%20you%20represent%20yourself%20in,do%20to%20successfully%20represent%20yourself accessed on 3^rd June 2025.