My name is Obansa John, a 500 level clinician
from the University of Abuja Law Clinic. In the course of the pre trail
detainee project, a number of lessons were learnt by me and I also became
conscious of certain things which I already knew but took for granted due to the
fact that I had to see it unfold right before my eyes. My most significant
occurrence or set of occurrences in the project was with a detainee whose case
I and my fellow team members were handling.
This
experience describes the stages of agony in which a detainee had to face as a
result of inadequacy in the judicial system. The story goes thus; on the first
day of meeting and interview with the inmate who was charged with homicide, the
inmate (surprisingly to me) sounded and from his body language looked so
comfortable in the prison. When asked if they were being treated well in the
prison he replied, ‘’prison is not for chilling’’. I felt as though he was
comfortable where he was at the moment.
His
case was to be heard in about 2 weeks time, but it was not because there was a
misplacement of name between the court and the prison as to the true name of
the inmate. The name sent by the prison did not tally with the one on the
courts record. As such the case was adjourned for 2 weeks. The case was adjourned for another 3weeks due
to the absence of the judge in court on the day of hearing. It was adjourned
for another 3 weeks, this time due to ill health of the judge on the day of
hearing. At this point I had a brief chat with the inmate, and a person who was
comfortable in prison the other time was also in tears. The adjournment lasted
till the court went on vacation. What we should bear in mind is that, this is a
man, who even by the constitution is innocent, then why does he has to be held
captive in prison for so long without even the court hearing his case, all
because of an inadequate system. Something must be done.
This
experience was the most significant to me because it showed me how a bad legal
framework or system can break a man and make someone suffer unjustly, and to
imagine that many more people are going through that same issue, it showed me
exactly the extent to which the Nigerian legal system has deteriorated.
From
this case, I have observed that having a single judge per court as in our
situation is simply insufficient and aging judges need to retire. Also,
adjournment should not be given with so much ease and laxity, as it is a
person’s life which is as stake.
My
participation has made me more humane to the general notion which every
Nigerian knows, the fact that the Nigerian Judicial System is slow, it made me
appreciate the implication of this notion. I have also come to know reasons for
the slow judicial system in Nigeria and come to understand the reality of the
maxim “Justice delayed is justice denied”.
At
this point I feel empathy for every inmate going through this situation and in
the right position I feel the desire more than ever to make proper steps to
minimize the occurrence of this ugly situation.
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