EMMANUEL C. EMERENINI, UNI ABUJA LAW CLINIC: REFLECTION


NULAI/OSIWA Pre-Trial Project Self Reflection
Prelude
My name is Emmanuel C. Emerenini, a 400 level clinician from the University of Abuja Law Clinic and I must say that the Pre Trial Detention Project has been a rewarding experience. Prior to our visit to the prisons made possible by the Open Society Initiative for West Africa (OSIWA) in partnership with Network for University Legal Aids Institute (NULAI), Legal Aid Council, Uniabuja Law Clinic and other stakeholders, the closest glimpse that I have ever had of a prison facility were the images that I see in movies. I have never visited one in real life, and I imagined how people cope with life in prisons. I also imagined how people working in prisons cope with prisoners. Then, on Wednesday, April 18, 2018, I was opportune to visit the prison facility for the first time in my life. I was among a team of 31 students of University of Abuja Law Clinic that visited the Nigeria Prison Service, Suleja Prisons, located at Suleja, Niger State. It was really an awesome experience that left an indelible impression in my life.

The High Expectations
It was really an experience of many first times. Apart from visiting the prison for the first time, it was also the first I beheld detainees, sitting close to supposed ‘criminals’ and interacted with them – all prison inmates were hitherto regarded as criminals, hardened ones at that. It was also the first time that I interacted with prison officials. I have met a prison warden once, back then in Owerri, but that was a very long time ago. His name is Peter, he had just finished his secondary school and was still writing GCEs to complete his papers when a family friend of theirs who was a senior prison official in Enugu at the time, helped to squeeze him into the service. His was of the lowest rank, as he was newly employed with his O-Level certificate, incomplete as it then was. And since after he left for the job, I have not set my eyes on him again.  
By the time we set out for the prison, I already have retrieved the images of detention facilities I had in my memory, through numerous and especially foreign movies. Thus, I was partially on a mission to scale, between what I have already perceived and what was the reality – the environment, security, officials, detainees, cooperation between officials and detainees, right to dignity of human person, records and data, etc.

The security of the prison was okay, as the entire facility was fenced round with high walls. There were two well-secured gates manned by armed officials. Entrances and exits were very strict and commendable. The environment was not bad, but it was a bit stuffy, probably because of the population of the inmates, and also the size of the prison. The officials were seen observing their normal daily routines, and one could give a pass mark for their relationship with the detainees, even though there were some hostile exhibitions by the officials. Unfortunately, most of the detainees had scars of inflicted bodily harm which is against various laws and international treaties.  For instance, the International Covenant for Civil and Political Rights (ICCPR)[i], of which Nigeria is a signatory to, provides in its Article 10 (1) that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person". Section 34 (1) (a) of the 1999 CFRN[ii] makes express provisions for the right to dignity of the human person. Before long, we also discovered poor attitude to data and record management.
Down for Business
As soon as we were ushered into the prison yard, we settled at a canopy set in the open air with chairs arranged in fives in a circular form. Under the canopy, everyone sat according to his/her team. There were about 5 teams of at least 6 clinicians. In one corner were seen some detainees numbering about forty, standing, and anxious to be engaged by the clinicians. The clinicians went straight to business. They took charge of the whole situation and displayed great zeal of professionalism. Each team interviewed one inmate at a time. The way they handled the session, one would think that it is the only thing being taught in school – how to interview prisoners. 
Meanwhile, the other inmates were scattered all over the place. It seems it was a free period, as most of them were seen standing outside, gazing. While the Christian inmates just finished from a bible class, others were at the gate making some demands from the officials. It is Muslim time for prayers and the call can be heard. Muslim inmates were seen observing ablution in a distance, while inmates waiting to be interviewed were seen standing, anxiously waiting.
There was a striking commonality among the inmates. They were all wearing ‘bathroom slippers’. It looked like a general rule, and that was how we distinguished inmates from staff. Although we learnt that a few of them who arrived newly were still walking barefooted, and this, somehow, degraded their human personality, their human right! Also, we noticed that most of them were well dressed, usually on casual wears. In fact, there was one of them, may be Hausa by tribe, who was very neatly dressed in jeans trouser and clean T-shirt, with sparkling white slippers, but a bit tensed.
Another issue that baffled me was the presence of women inmates. In fact, it was gathered that there were about 18 women, two with their breastfeeding babies inside the prison! They were although kept in a separate section. I remembered seeing a good-looking woman, say in her late 30s or early 40s escorted by two female prison guards towards the gate leading to the prison offices. Almost every one of us gazed at her and wondered what brought her into the prison. Who knows what has landed her here? I thought. After all, Maryam Sanders - the woman that allegedly killed her husband the other time, was also remanded in this prison at some point.


My Interaction with Prison Official
Aside the pre-trial detainee team interview, I was also assigned to interview one of the prison officials, because we needed to know more about the prison facility we are visiting. The name of the official that I interviewed is Mrs. Jane Onwudiegwu, and she is the Officer-in-Charge of Prison Welfare. A very welcoming woman, naturally a mother, fair complexioned, and may be in her fifties, and dazzling in her khaki uniform with Green Beret and shiny black boots. As soon as I was seated in her ‘not so exquisite’ office, what came to my mind was the lyrics of one Nigerian artiste:
I'm in chains, you're in chains too. I wear uniforms and you wear uniforms too. I'm a prisoner, you're a prisoner too, Mr. Jailer.
And I thought about all the prison officials, and how it feels to be a prison official, but was not sure whether I took pity or felt sorry, because I don’t believe any of them is under any compulsion as it is not a volunteer work. I also thought about their remuneration, if it was commensurate with the difficulty of the job.
Following my interaction with Mrs. Onwudiegwu, I was able to deduce that the prison was originally constructed to accommodate 250 prisoners but, at the date of this visit, it was housing a total of 413 inmates, comprising 395 males and 18 females.There was no record of their age segregation, as it is expected that the courts, fully aware that the prison is only for adults must have had that considered. But judging by facial appearances, there were some inmates that looked quite younger than the ages of criminal responsibility and this negates the provisions of the United Nations Convention on the Rights of the Child.Section 30 of the Criminal Code[iii] provides that a person under the age of seven is not criminally responsible for an act or omission. It further states that a person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission, he had capacity to know that he ought not to do the act or make the omission.
Furthermore, there were no records of number of awaiting trials and number of convicted inmates. Although, there was a claim of available but not readily accessible information, as the authority felt that such information was irrelevant and unnecessary. There was no record of inmates with legal representation and therefore no information was given. However, the inmates were well fed and taken care of health-wise. Relatives were allowed at appropriate times for visitation, and those with special needs, like those on special diets, were allowed to stick to their diets. Inmates were also allowed to make phone calls to their family members, as well as to their lawyers for those that have, but they have to pay for it, as against Section 6 (2) (c) of the ACJA[iv].
There were religious activities organized every day for inmates, both Christians and Muslims. Religious groups also pay periodic visits to the inmates, and the inmates were not subjected to any form of labour or hard work.
Why this experience was significant
According to an article titled ‘Deplorable State of Nigerian Prisons’ and published on New Telegraph online magazine on March 2, 2018[v], the Minister of Interior, Rtd. Lt. Gen. Abdulrahaman Dambazau, recently raised the alarm on the deplorable state of prisons in Nigeria, ranging from congestion, to exposure of inmates to epidemics. He allayed fears that Nigerian prisons no longer served as reformation centers for inmates when compared with what is globally obtainable in developed countries.
My interaction with Mrs. Onwudiegwu clearly confirmed this outburst by the minister. The interaction was an eye opener as it revealed the stark state of affairs in detention facilities nationwide. To worsen it all, according to a report released recently by PRAWA[vi], over 80% of these detainees that have congested our prison facilities are awaiting trial detainees! This mind bugging revelation to me, is very significant, as I have resolved to, as a young lawyer, channel a whole lot of my youthful energy in canvassing for prison decongestion across Nigeria.

Some underlying Issues that I observed
In addition to the worrisome issue of congestion of prisons, another issue observed through this interaction was lack of proper record keeping. There were no record of number of awaiting trials and number of convicted inmates. There was no record of inmates with legal representation. This is a very worrisome issue to contend with in this 21st century when technology is leading in all aspects of human endeavours. Only a click would have revealed all these information within seconds. Moreover, these are information needed to fulfill the provisions of Section 111 of the ACJA[vii].
It was also observed that some of the inmates had scar of wounds all over their bodies. The international human rights treaties and instruments are quite clear that detained persons are entitled to all human rights that are not expressly removed by the fact of their detention, hence, they should be accorded some humane treatments. Moreover, a good number of them are yet to be convicted, thus, they might be found not guilty of the alleged offence to which they are charged, detained and maltreated.

How my participation influenced my perspectives
My participation in this project has really broadened my perspective on the poor access to justice by pre-trial detainees in Nigeria prisons, thanks to OSIWA for this great opportunity. I have developed this new attitude of thinking of some folks behind bars, and coming up with different strategies on how to assist them to access justice. In fact, I am already beginning to think of a post-call pet project that will be geared towards leveraging on the ACJA and providing legal assistance to pre-trial detainees, which in turn will contribute to the decongestion of Nigeria prisons.

What I learnt from this experience
I have really been exposed through this pre-trial project on a number of pertinent issues regarding access to justice in Nigeria. The deplorable conditions of Nigeria prisons, and the slow pace at which the provisions of the ACJA are observed by both law enforcement agencies and even the judiciary has been depicted through my participation in this project. The efforts of the Chief Justice of Nigeria in reforming Nigeria prisons and ensuring that administration of criminal justice takes a new dimension in Nigeria is very commendable.
 The project has in no small way been a learning process for me. Firstly, as a student, I have been exposed more than my peers who are not members of the law clinic. I have been directly involved in criminal case trials, making me more knowledgeable and providing opportunity to interact with lawyers already in the field.
Also, I have learned the techniques and skills of interviewing, especially listening and questioning, in a real-life setting which was very exciting. I have also learned how to perfect a pre-trial detainee’s case file before hearing.

How the things I observed made me feel
Apart from the ugly side of the state of prisons and inmates in the Nigeria prisons, which made me feel really bad, considering what is obtainable in developed countries as seen in movies, I feel a sense of fulfillment rendering humanitarian services that I have dreamt all my life through the pre-trial project. As a student, I have been directly involved in criminal case trials, making me more knowledgeable and providing opportunity to interact with lawyers already in the field, and I have developed this sense of lawyer-client representation in the court room, making me to feel more responsible and being meticulous, as any mistake on my part could lead to a wrongful conviction.
I also feel very excited as I am already being seen out there as ‘a lawyer’ even when I’m still in my 4th year. Above all, bonding with people having similar passion of providing pro bono services is the ultimate motivation so far.


Conclusion
The prison pre-trial detainee project has left an indelible mark in my memory as a student of law. It is actually an experience that should be felt by all law students desirous to contribute to the development of the criminal justice system in Nigeria.
I remain indebted to the Uniabuja Law Clinic for providing me with the platform for this awesome experience, and I salute NULAI and OSIWA for making the project a reality. It is my wish that in the nearest future, the aims and objectives of the prison pre-trial detainee project will be greatly achieved and the impact felt by the generality of Nigerians.




[i]  International Covenant for Civil and Political Rights (ICCPR), 1966
[ii]  1999 Constitution of Federal Republic of Nigeria
[iii]  Criminal Code of Southern Nigeria
[iv]  Administration of Criminal Justice Act, 2015
[v]https://newtelegraphonline.com/2018/03/deplorable-state-nigerian-prisons/
[vi]https://www.pmnewsnigeria.com/2018/03/29/prawa-discloses-over-80-of-prisoners-in-nigeria-are-awaiting-trial/
[vii]   Supra iv











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