NULAI/OSIWA Pre-Trial Project Self-reflection
As I
attempted to write this essay, I had an urgent urge to re-inform myself of the
meaning of self-reflection. According to the Oxford English dictionary self-reflection
is a serious thought about one’s character and actions. Surprisingly my
participation in the pre-trial project is in consonance with this definition of
self-reflection. My disposition before the commencement of the project has
totally been reformed by the experiences I encountered.
My name is
Victory Salawu, a 400 level clinician from the University of Abuja Law Clinic. The
most relevant and significant experience for me during the NULAI/OSIWA pre-trial
detention project was my interactions with the pre-trial detainees. Talking to
a person who has been locked up in a prison for quite a long period of time
without any assurance as to whether, when or how they will taste freedom again was
nothing like a regular day-to-day conversation. Before my visit to the Suleja
prison, my belief was that anyone who is taken to the prison is guilty of the
alleged offence and had been sentenced to a jail term by a duly constituted
court of competent jurisdiction as provided by section 36(1) and (4) of the
Nigerian constitution. However, I was shocked to realize that the contrary was
the practice. Most pre-trial detainees had no idea why they were arrested, they
had no lawyers and worse still had not been taken to court. Furthermore, it was
alarming to realise that they had been locked up in the prison for as long as
3-6 months without bail, majorly because they couldn’t meet the bail
requirements. One detainee only needed a surety to stand for him before he
could be granted bail. We asked him about his family members and he told us of
how they never wanted to have anything to do with him so he had no friend of
family to help him get out of the prison.
The
underlying issues bordering pre-trial detainees are numerous. It ranges from the arbitrary mode of arrest
by law enforcement agents, particularly the police, to the very poor record
keeping system and inhumane treatment of arrested persons in contravention of
section 8 of the Administration of Criminal Justice Act as well as the
deplorable conditions of the prisons. All these put together has inhibited the pace
of justice in Nigeria
We interviewed one detainee who told us of how
he was arrested in place of a colleague who stole a motorcycle. This mode of
arrest is in disregard of the Administration of Criminal Justice Act which
prohibits an arrest in lieu in section 7. It states that a person shall not be
arrested in place of another. Also, we realised that majority of the detainees
were not aware of their rights. According to section 4 of the ACJA, the person
or persons making an arrest have the duty of informing the arrested person of
the reason for the arrest . The arrested person should also be informed about
his right to consult a legal practitioner before endorsing any statement or
answering any question put to him. Should in case he had no means of getting a
lawyer, he or she is entitled to free legal representation by the Legal Aid
Council of Nigeria.
After the
interview session was over, we tried to get relevant information about the
pre-trial detainees from the prison officials. We needed relevant information
such as contacts of next of kin, next court hearing dates, previous visits to
court and how long some detainees had stayed in the prison in order to proceed
with the project and take legal actions. This process was very cumbersome
because the prison officials had no proper records for these information. That
was when I realized how important it is to have proper and accurate record
keeping systems.
During the
course of the interview, right before our very eyes a prison official was
beating a prisoner with a heavy baton so mercilessly. Several of the detainees
had severe sores on their bodies and when we asked them if they had access to
medical and healthcare facilities, they answered in the negative. Some told us of how they ate once in a day
and slept with over 30 other inmates in a small room .Section 8 of the ACJA
states that a suspect shall be accorded humane treatment having regards to his
to the dignity of his person and not be subjected to any form of torture,
cruel, inhuman or degrading treatment. It beats my imagination that the
custodians of the law were actually the ones disobeying it.
My
participation in this project has influenced me in so many ways. First of all I
am no longer quick to judge people, I take my time to analyse situations before
jumping into conclusion. So whenever I hear of any criminal activity I do not
assume that the closest person to the incident is the actual person who
committed the crime Secondly,I am now more meticulous with record keeping,
because I now know that improper records are detrimental to the freedom of some
people. Furthermore, my team’s interview with the pre-trial detainees have
greatly improved my listening and questioning skills. This has influenced even
my daily conversations with people. I cannot overemphasize the confidence boost
I got due to my participation in this project as well as my self-development of
empathy towards the detainees.
Conclusively,
the pre-trial project was a turnaround for me, it was exciting, adventurous and
educating. It brought me closer to the law and the practice of it.
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