NULAI/OSIWA
PRE-TRIAL DETENTION PROJECT SELF REFLECTION
I am Ochuma Blessing Enyo, a 400 level
clinician of the University of Abuja Law Clinic who earnestly longed for an
opportunity to experience law beyond the four walls of a lecture room. For me
offering legal practice as an elective course was not a matter of choice but of
necessity and the pre-trial detainee project presented a perfect opportunity
for me to gain such experience. I felt a rush of excitement as our clinic
coordinators informed us of the project. The activities preceding the visits to
stakeholders and the prisons were very tasking. It involved drawing up
management plans for the project, drafting letters for advocacy visits and
sending them to the various stakeholders involved in the project. The clinic
organised a workshop where various speakers enlightened us on the project and
did their best to equip us with the necessary listening and questioning skills
needed for the interview with the detainees. We also discussed various
provisions of the ACJA and the constitution which are relevant for the
pre-trial project.
The day for
the advocacy visit to the prison finally came and we zoomed out of Gwagwalada
to Kuje where the prison is located. As we approached the gates of the prison I
could not help but imagine just how many of those inside the prison cells came
in through these gates with the hope of returning home someday but never did.
After a slight delay we settled down and started the interview.
The first
interview was quite scary for me. At first glance you could tell that the
detainee was still in his twenties. He had scars all over his body and a tattoo
of an image which I could not seem to decipher. I immediately tagged him as one
of the bad guys even before the interview began. Employing the listening and
questioning skills learnt at the workshop we were able to obtain the necessary
information needed to follow up his case. I had heard of police brutality and
seen it in Nollywood movies but this was my first time of meeting a victim of
it. I realised that some of the scars may have ben as a result of injuries
sustained during torture. He told us of how he was moved from the police cell
to the detention centre of the notorious Special Anti-robbery Squad and how he
was blindfolded and forced to sign a confessional statement he did not write in
the course of his detention. Charged with cultism alongside homicide and
conspiracy, the team knew this was a tough nut to crack. I felt pity for him
and at the same time I realised that the deterioration in the Nigerian judicial
system was happening faster than I thought. The second detainee we interviewed
was charged with criminal trespass. Unlike the first he looked very innocent
but he was just unfortunate to be walking along a neighbourhood at the wrong
time.
We
soon began the second phase of the project and a pro bono lawyer was attached
to our team. Going to the court for the hearing of the case of the first
detainee we interview was quite exciting. We put on our clinic shirts and had
the attention of everyone in court but the excitement diminished as we were met
with the news of an adjournment. At our third visit the case was also adjourned
for a later date. As we gathered outside to lament over the persistent
adjournment of the case, I could see one of the detainees seated in the
eighteen sitter bus that conveyed them to court crying profusely like one who
had just lost a family member. We could
come out to lament but this was a privilege he did not have. He was in chains
and an adjournment meant additional time in prison. After this experience I began
to appreciate so called ‘little things’ like being able to take a walk whenever
I wanted to or venting out my grieveiances whenever I was aggrieved.
The
pre-trial detainee project was an eye opener for me. I could realistically see
how the issues of unlawful arrests, corruption in the Nigerian police force,
the brutality of security operatives, poor prison facilities, and the slow pace
of attaining justice have plagued the Nigerian judicial system and rendered it
comatose. My interaction with other teams gave me the opportunity to also hear
a little bit on the cases handled by them. Some of the detainees were not
informed of the reason for their arrest as provided for in section 6 of the
ACJA and section 35(6) of the 1999 constitution of the federal republic of
Nigeria and so had no clue as to why they were in prison, some had been in
prison for so many months without trial contrary to section 35(4) of the
constitution, and many of them had obviously gone through some form of
brutality either by the police or by the prison staff contrary to section 8 of
the ACJA. In the course of this project I realised that the Nigerian judicial
system is in desperate need of rejuvenation and restructuring. There is a
flagrant disregard for the fundamental human rights which are enshrined in our
constitution. Security operatives seem to be above the law in Nigeria. The
number of those who actually face the wrath of the law for their brutality is
very meagre compared to those who comfortably get away with it. The average Nigerian
citizen who makes it out alive from police custody or prison would choose to
remain silent and thank his lucky stars for making it out alive rather than
pressing charges against the “almighty” Nigerian Police Force even if he was
unlawfully detained in the first place. Is the police really ‘your
friend’? The prison facilities are
highly congested. The kuje minimum security prison which was originally
constructed for 560 inmates now has close to 900 inmates with more than 600 of
them being pre-trial detainees.
For
a country referred to as the giant of Africa, Nigeria’s image on the
international scene has been ridiculed by constant criticisms from world powers
and international human rights organisations. The enactment of the ACJA in 2015
is a step in the right direction and the need for its adoption by all the
states of the federation cannot be over emphasized. Strict adherence to the
provisions of the ACJA would definitely bring about the radical change needed
in our justice system.
The
experience gained from the pre-`trial detainee project is one I would not trade
for anything else. Working in a team has made me appreciate the concept to
division of labour. Dividing the tasks amongst ourselves definitely made the
work easier. It also made me a better team player. If I ever forget the reason
why I am studying law, a quick flashback to this pre-trial project will remind
me that the change which I earnestly seek in the Nigerian judicial system
cannot happen if I sit back and fold my arms. I must play my own part just like
the law clinic is doing.
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