NULAI/OSIWA Pre Trial Project Self
Reflection.
My name is Michael Itoro Sunday, a 400
level clinician from the University of Abuja Law Clinic. The prison pre-trial
detainee project is one that had a remarkable impact on me as an individual and
as an aspiring lawyer. Before the project began, I was really looking forward
to being a part of it. I wanted to know what it feels like to visit a prison
and most importantly to be part of a real life case. I had imagined a lot but I
can say for sure that my actual experience was nothing short of my
expectations.
The preparation for the project (expanding
access to justice for pre-trial detainees) began when we had a workshop on the
pre-trial project. The aim of the workshop was to prepare the clinicians for
the task ahead of them, so everyone would have a good grasp of the project
description and purpose. The theme of the workshop was ‘an overview of the
prison pre- trial detention project; the need for law clinics to embark on such
projects’. We had a lot of resource persons speak to us on that day; people
like Chima Madu Esq; a coordinator at the law clinic, Solomon Gwom Esq; a
lecturer at the University of Abuja, Joy Maduafor Esq; a former clinician and
coordinator at Nile University and finally Samuel Chukwu Esq; a former
clinician as well. They all had a lot to say about the project, the past
clinicians shared their pre-trial experiences and intimated us on the skills
and values we are likely to acquire in the course of the project. We were told
that the outcome/ impact of the project would be to promote access to justice,
reduce prison congestion, and reunite prison pre-trial detainees with their
families and a whole lot more. I must confess that I left that workshop with an
unquenchable fire, a longing to make a positive difference; I was inspired to
give it my all.
We visited the Kuje prison and I can remember
vividly the numerous thoughts that went through my mind on our drive there. We
were searched by the prison officials before we were let into the visiting area
where we would be interviewing the detainees. The man my team and I interviewed
was a young man who said he was beaten every day for 3months and that he was
put in prison because his friend who committed the crime cannot be found so
they are arresting him till he tells them where to find his friend. This was a
sad experience for me because it made me wonder how many more persons found
themselves in similar shoes and how helpless they must feel. His situation is a
clear pointer that our criminal justice system needs restructuring.
I learned a lot from the entire pre-trial
experience, lessons that are worth remembering and sharing with others. I
learnt about the enormity of being a lawyer. A legal practitioner has a lot to
do when dealing with an accused person. His or her attitude towards the entire
case could make or mar it. A lawyer needs to be diligent, respectful, honest,
dedicated, and empathic and most importantly have the passion for the
profession. If any of these qualities are absent, then it would be nearly
impossible to surmount the task of representing an accused person, especially in
our criminal justice system with its numerous hurdles.
Also, I noticed how backward and slow the
Nigerian justice system is, from the point of arrest, to prosecution and
eventually conviction, all of this takes more time than necessary in this
country. This is all due to the combined lackadaisical attitude of some
security agencies, lawyers and the government. The stories of some of the
detainees’ paints a glaring picture of the cruel and untamed nature of the
security officials who seem to care less about the ethics of their profession
neither do they respect the fundamental rights granted every human being. There
are numerous stories of torture and degrading treatment from the police, SARS
and even the prison wardens. Many lawyers are becoming less ethical and more
money conscious; they would rather represent the highest bidder than take up a
case of an indigent person who is in dire need of legal representation. This
has contributed immensely to the decay in the system. The government on the
other hand have a role to play in revamping the system. A critical assessment
of the criminal justice system in general and the prison system in particular
need to be done. Close attention should be paid to issues, issues like, is
there a suitable atmosphere in the prison that could facilitate
rehabilitation? Is the system simply
recycling these criminals and churning out hardened criminals? Also, it would
be great if a higher standard of recruiting security operatives and prison wardens
are considered, preferably, trainings on the ethics of their profession should
be carried out before they are recruited.
Furthermore, more awareness should be
created about the rights granted every citizen of Nigeria. This could begin by
speaking more to the layman on the streets about the laws that guarantees and
accords him those rights, preferably the ACJA. The Administration of Criminal
Justice Act, 2015 clearly spells out the rights and duties of both the citizens
and the security operatives. I remember the question the detainee I interviewed
asked me, he said “is it okay for police
people to be beating people they arrest, because na beating we dey receive, I
wan know is it good?”. From the provision(section 8) of the ACJA, degrading
treatment of any kind by security operatives is frowned at, but clearly the
people who are meant to be protected by this law, are unaware that it exist, so
to a large extent the aim of the law is defeated because exercising a right you
are unaware of is impossible. Many police men who carry out arrest are equally
deficient in their knowledge of the ACJA. They still arrest friends, parents
and siblings of wanted persons when the provision of the Act particularly
section 7 prohibits that.
There’s a saying which goes thus ‘a
country’s prison, is a true reflection of that country’. This is so true of
Nigeria, all the problems that plague this country are reflected in its
criminal justice system in general and the prisons in particular. Things like
Bribery and corruption, slow paced prosecution, abuse of power and position,
loss of ethical values and professionalism and the most painful of them all,
lack of love and natural human affection can be found in the entire justice
system. I really hope that those in the position to make the necessary change
would make an effort to do so.
I
have always cherished the idea of being a criminal lawyer, to help those who
have been falsely accused or cannot afford a lawyer. The prison pre-trial
project has helped me understand the true reality of our criminal justice
system by giving me a vivid picture of what is obtainable and what is yet to be
achieved. Being a criminal lawyer is just a little piece of the big picture,
all other factors like good security agencies, a working judicial system and
proper governmental policies need to be active for a smooth justice system. I
have learned that no matter how little a task might seem, doing it with all
diligence, sincerity and piety could cause a great change if done consistently.
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