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 realised 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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