Musa, Maryam El-Yakub from Uniabj Clinic: Reflection

According to H. Jackson Brown, the best preparation for tomorrow is doing your best today.  My name is Musa, Maryam El-Yakub, a 400 level clinician from the University of Abuja Law Clinic. I had always wanted the opportunity of reaching out to people but kept on wondering whether I can. But with the NULAI/OSIWA prison pre-trial detention project I realized that it’s a possible thing to achieve if I keep doing my best today.

The project has been an insightful one for me as it has changed my perception, attitude and values and it has inculcated in me knowledge and skills that I wouldn’t have ordinarily gotten in a class room. I was privileged to be among the students who visited Suleja Prison, Niger state. For the purpose of interviewing the inmates in the prison, we were shared into teams and we worked hard beforehand. We were 6 in my team (Team Reformers). We researched on the relevant provisions of the law as regards pre-trial detention particularly the Administration of Criminal Justice Act 2015 and we also watched client counselling and interviewing videos online in order to understand how to conduct an interview.  I worked with different people I never thought I would ever have anything to do with, we drafted out our action plans together and I got to understand their own point of view on so many things particularly the pretrial project. 

The aspect of the pretrial project I found very relevant to me particularly is my interaction with the detainees and to that effect, I was privileged alongside my team mates to interview 4 pretrial detainees at the prison. During the course of the interview, I realized that there were so many issues plaguing the administration of criminal justice system in Nigeria especially as it affects pretrial detainees. I got to understand that majority of the inmates kept in prison custody are just detained without any lawful justification.  There were disheartening moments during the interview where I couldn’t help but lament at the stories narrated by the pre-trial detainees, some were picked up by the road side by police officers, others were charged with co-defendants they never knew and were coerced by the police into confessing the commission of a crime with the unknown co-defendants. One was were held ex-communicado. This is in total disregard to Section 6 of the Administration of Criminal Justice Act which provides that the authority having custody of the suspect shall have the responsibility of notifying the next of kin or relative of the suspect at no cost. That particular inmate I interviewed expressed his indignant feeling as to the fact that none of his family members are aware of his arrest because his phone was seized and that if he had to make any call in the prison he had to pay which is impossible since he doesn’t have any money.

Another was even arrested in place of the real suspect contrary to the provision of section 7 of the administration of criminal justice Act which prohibits arrest in lieu. The one I found most degrading is the issue of police brutality to pretrial detainees all in the name of performing their duties. I could remember one of the inmate we interview lamenting on how the police dealt with him at the point of arrest to the extent that by standers pleaded with them not kill him for the fact that the police may label his death against another person. I couldn’t bear the sore and distressing sight I see in the faces of these inmates as they narrate their ordeals. It left me filled with empathy towards this inmate and the longing to see that the status quo is changed. This issues have prompted me into researching on the nature and extend of human rights violation in Nigerian prisons with particular regards to the issue of torture as it affects the dignity of human persons and I have really gained more knowledge on this issue.

Having stated earlier that one of the aims of this project is to reduce prison congestion in Nigeria, my mind was also averted to another issue when I asked one of the inmates about the number of persons per room in the prison. He stated categorically that there are more than 50 persons in a room. This is evident in a report released by an online source that “Suleja prison with the capacity of 250 inmates now house a population of 415 inmates out of which 60 percent are awaiting trial”. Consequently, the effective management of resources in the prison is greatly affected. The medical facilities, food, water that is meant to be used for a fewer number of individuals is now shared by doubled the initial population planned for. One of the inmate as at the time of the interview was having difficulty in sitting because he had a boil on his bum. He stated that he went to the prison clinic for treatment and he was given ampiclox after which he took all of it as prescribed but nothing worked. He went back to complain but no one answered him so he had to contend with it.

Another inmate stated that they get three plates of water in a bucket to three persons for bath and as a result so many had rashes and different forms of skin diseases. These inmates also expressed their dissatisfaction as to the condition of the toilets and other things.

 It is a disheartening situation for me hearing all these issues being pointed out by the detainees we interviewed. I couldn’t help but marvel at man’s inhumanity to man  and I also thought of the fact that so many persons are denied their freedom and so many precious years of their lives have been wasted for no just cause. For the first time in my life I realized the importance and value of freedom and I have asked myself this question “what have I achieved with my freedom?”

Nevertheless, I’m still happy that the Pretrial project has impacted  and influenced me in a lot of possible ways ranging from my attitude, perspectives, and my values  and all these was as a result of my interaction with the pre-trial detainees.  My perception about what law is in theory and what is obtainable in practice has changed. My perception about prisoners have also changed. I initially thought that all persons detained in prison custody must have gone to court and have been convicted. I never thought there exist persons who have no hope of even going to court talk more of being convicted.

I realize most importantly the value of human life and the dignity inherent in every individual by simply being human and I understand fully why no one should be denied of his rights for no just cause. I now value putting a smile on people’s faces and to take actions or decisions that would change the society even if not now but in the nearest future. I have made a resolution now to see that in my own small world, I seek access to justice for those who have been denied of their rights unjustly. As Warren Buffet would say, “someone is sitting in a shade today because someone planted a tree a long time ago”. If someone has to sit in a shade tomorrow, then I have to plant a tree today and that tree is my diligence and commitment to the course of justice. The dilemma of the situation is the fact that if I refuse to talk today, it can be me tomorrow. Just like some of these pre-trial detainees, I can get picked up by the road side. I believe that now that my thought has changed my world will change.

 Significantly, this project has also afforded me and other clinicians the opportunity for self-development. With respect to the skills I acquired, to some extent I know what is required of me during client interview. The experience has boosted my advocacy skills and it has also improved my research methodology. It has taught me the more how to marry fact with the law practically. For example, while interviewing one inmate I was able to deduce that he was charged for criminal breach of trust even though I was interviewing him in Hausa. This project is indeed a giant stride towards ensuring that the end of justice is serve both to the accused and the victim. As Oputa JSC of blessed memory Would say justice is a three way traffic, justice for the accused, justice for the state and justice for the society. Justice must be manifestly seen to be done.

The experiences I had made me feel like I am already a lawyer and it has motivated me to consider public interest lawyering as an aspect of specialization and to that effect, I am also considering public interest lawyering with regards to the rights of pre-trial detainees in the final year thesis I am expected to write as a pre requisite for my award of a degree in law (LLB).

After all the prison visits, I still had the opportunity of enlightening the masses on radio as regards pre-trial right with respect to the provisions of the Administration of Criminal Justice Act 2015 on arrest using practical examples.

Now, I would always want to tow in the line of my predecessors in advocacy in recognizing the fact that “there is no exercise better for the heart than reaching down  and lifting people up”- Francis.

I realize now that I just don’t want to live but I want to live well by being a rainbow in someone’s cloud.  I think with this project, there is hope for the effective administration of criminal justice in Nigeria in the future if we all realize that we can make a positive change.

According to Frederick Douglass, where justice is denied, where poverty is enforced, where ignorance prevails and where any one class is made to feel that society is an organized conspiracy to oppress rob and degrade them neither property nor persons will lie safe. We all are not saved if pre-trial detainees are not safe. The society needs to be aware of its rights to prevent you and me and our loved ones from being victims of circumstances.