Season 2 Episode 1 (Bridging the Civil Justice Gap; Self-Represented Litigants)

Summary

In this legal podcast, Court of Appeal Justice Quia akabu discusses issues around access to justice and self-represented litigants in Ghana. He explains reasons why people may represent themselves in legal cases, including cost barriers and distrust of lawyers. Justice akabu outlines procedural challenges judges face with unrepresented litigants, like lack of understanding of rules and emotional volatility. He emphasizes judges must maintain impartiality. There is discussion around potential technology solutions, like online legal tutorials, and ongoing judicial reforms to simplify court processes. Justice akabu stresses that justice systems ultimately serve the people, so should enable citizens to fairly resolve legal problems.

Takeaways

• 😊 The podcast aims to educate the community on legal and social issues to empower them with knowledge of laws and conventions.
• 👨‍⚖️ Justice Qua Akabu, a Court of Appeal judge, was the special guest on the podcast episode.
• 🤝 Access to justice means the ability of everyone to seek remedies through legal institutions regardless of background.
• 😥 Financial constraints, lack of trust in lawyers, and overconfidence in one's legal knowledge lead people to self-representation.
• 😐 Judges must ensure procedural fairness without acting as the lawyer for self-represented litigants.
• 😟 Self-represented litigants struggle with procedural rules, evidence rules, and keeping emotions in check during litigation.
• 📚 Education on court procedures and pro bono legal assistance can support self-represented litigants.
• 💻 Technology like online legal materials and advice can aid self-represented litigants.
• 👍🏾 Legal reforms like small claims courts with simpler rules help self-represented litigants.
• ⚖️ Justice should benefit all Ghanaians. Digitization can make the legal system more efficient.

Q & A

What is the main aim of the BMP Associates Community First podcast?

The main aim is to provide substantive quality information for members of the community so they can be empowered with knowledge to protect themselves and have familiarity with the law and conventions in Ghana.

Why did the hosts invite Justice Quia akabu as a guest?

Justice akabu is an expert in law with extensive credentials. As a Justice of the Court of Appeal and committee member on digitizing court judgments, he offers valuable perspective on access to justice.

How does Justice akabu define access to justice?

He defines it as the ability of an individual to seek and obtain remedies through the justice institutions in the country. It reflects the idea that justice should be available to all, not just the privileged few.

What are some reasons people may choose to represent themselves in court?

Reasons include the high cost of lawyers, thinking they know enough law themselves, not trusting lawyers, inaccessibility of lawyers in some regions, and discomfort sharing details with others.

What is the judge's role regarding self-represented litigants?

The judge must ensure procedural fairness without becoming the litigant's lawyer. They can explain general court procedures but the litigant must present their own case.

What challenges do self-represented litigants often face in court?

Challenges include not understanding how to properly question witnesses, taking very long to present their case, interjecting improperly, and losing their case on technical procedural grounds.

How can technology help empower self-represented litigants?

Technology can provide access to legal information, connect litigants to pro bono lawyers for basic advice, present information in multiple languages, and simplify court procedures.

What reforms could help self-represented litigants in the future?

Reforms like simplified small claims court rules, taking evidence remotely via video conference, and continuing to modernize the courts through e-filing and digitization could help.

Why should the government support e-justice system reforms?

E-justice systems can save costs by avoiding transporting prisoners to court physically, make the system more efficient overall, and uphold the constitutional mandate that justice emanates from and is for the benefit of all Ghanian citizens.

What concluding advice does Justice akabu offer regarding access to justice?

He advises that justice systems worldwide are digitizing to be more efficient and Ghana should continue judicial system reforms with the self-represented litigant in mind, through simplifying rules and leveraging technology.