My
name is Rosemary Ochiwu Idanya, a 400 level clinician from the University of
Abuja Law Clinic and I am really glad that I had the opportunity to participate
in the NULAI/OSIWA pretrial detention project.
With
a goal to provide access to justice to 40 pretrial detainees, we had a workshop
during which we gained lots of knowledge, skills and values needed for the
project and subsequently, we had a series of advocacy visits to different
organizations such as the Nigerian prison service, office of the DPP, etc. We
went to Kuje and Suleja prisons where we conducted interviews; conducted follow
up and verification activities in prisons and courts and to sustain the impact
of the project, we took it a step further by organizing a radio advocacy
through which we enlightened the Nigerian citizens on their rights as contained
in the Administration of Criminal Justice Act (ACJA).
My
experience on the pre-trial project so far has been an enlightening and
wholesome one. It has afforded me the opportunity to learn about the law in
practice and not just in theory. Though I've had several experiences on it, I’ll
be dwelling on only two.
The
first is the advocacy visit to the Nigerian prison service headquarters in
Abuja. We were able to meet with the Controller General of Prisons in the
person of Sir Sylvester Nwakuche. There, I learnt that we have an approximate
of 900 Prisoners in Kuje prison which was originally designed to hold a
capacity of 560 persons and 639 of them are pre-trial detainees. In Suleja
prison, I learnt that it was designed for 250 persons but hosts over 400
inmates with over 200 being pre-trial detainees. For the first time, I realized
how congested our prisons are as the statistics was overwhelming.
The
second experience was the interview of prison inmates in Kuje prison. The
advocacy visits and workshop were meant to serve as a prelude and preparation
for the reality of the prison system. However, I must state that nothing could
have prepared me for the staggering reality I faced. It was an eye opener and
it brought to life the fictitious stories portrayed in Nollywood movies. I
heard from victims about the inhuman and degrading treatment they go through
and this brought to light the gross violation of detainees rights as many were
treated as criminals, contrary to the sacrosanct principle enshrined in s. 36
(5)[1]
which states that every person is innocent until proven guilty by a court of
competent jurisdiction.
My first experience was significant
because it helped me realize the effort the NPS are putting in to tackle the
problem of prison congestion. There I asked a question about the steps taken
and measures put in place by the NPS to curb the growing prison population, especially
that of pre-trial detainees. The Controller General of Prisons stated the salient
fact that they always try to develop advocacy on the issue and this in turn has
drawn the attention of several legal bodies (e.g International Federation of
Women Lawyers), NGOs like PRAWA, Civil Society Groups and even academic bodies
like NULAI.
In the course of my experience, I
observed a lot of issues. I shall break them down in to two phases. The first
is the violation of detainees’ fundamental human rights and pretrial rights contrary
to several provisions of the ACJA and Constitution. Such provisions include:
right to be notified of cause of arrest (S. 3 and Sec. 35(3), prohibition of use of unnecessary violence (sec.
5), right to remain silent and to consult a lawyer
before making any statement (sec. 6(2) (a) &(b and sec. 35 (2), right to have a legal practitioner provided for them
especially where they are indigent (sec. 6 (2), rights to have their relations informed of their
arrest at no cost to the detainees whatsoever (sec. 6(2) (c), right to be brought before a court before a
reasonable time (sec. 35 (4)and very importantly, the prohibition of all forms
of dehumanizing treatment and tortuous acts (sec. 8 and sec. 34 (1) (a) & (b.
Secondly, in the course of the prison
visit, I noticed the poor record management system in the prison. Personally,
this was a very big challenge to my team (TEAM MADE). It hampered our efforts a
lot and from our reports, you will see that a lot of cases could not be pursued
further because we had no information on the name of the court and even the
adjournment dates. For those with the name of the court, we went as far as
going to those courts to verify the adjournment dates but were told their case
files couldn’t be found. I feel that the issue of poor records becomes more
menacing as the each day passes by. If the court that knows too well the
essence of proper records had no records, I mean, no case files on detainees,
it will almost seem like all hope is lost. After witnessing how devastating
improper records can be, I really appreciated more the efforts of our clinic
coordinator and consultant coordinator Barr. Nasiru Mukhtar and Barr. Chima F.
Madu because they have both emphasized and keep emphasizing the need for proper
record in all clinic activities, especially in this pretrial project.
My participation in this programme has
influenced me positively as I am now more conscious and have picked interest in
Public Interest Lawyering. Yes, it has made me conscious to the point where I
am willing to advocate on some of these issues, something I never thought of
doing before. I have even found myself enlightening those around me on their
rights so that if they are violated, they will know it is wrong and speak up.
The police have no right and no power, none whatsoever to dehumanize and
torture other human beings simply because they are more often than not, suspected
of a crime. These people are often times treated as convicts which is against
the cardinal principle in law of evidence that conviction no matter how strong
can never lead to a conviction. As was held in the case of ZAKARI V. ALHASSAN, the court is the last hope of the common man.
Hence, we must do all within our power to ensure we use all instruments of the
law at our disposal to grant these detainees an acquittal where they are
innocent or to gain them a swift conviction where they are guilty.
My
participation in this programme has inspired me in a lot of ways. I have gained
knowledge, skills and values that I strongly believe will be beneficial to me
beyond the four walls of the school environment.
With
regards to knowledge; through the prison interview, I have become more aware of
the plight of prisoners and the high rate of prison congestion. The advocacy
visit to the NPS has enlightened me on the effort the prison service, human
rights organizations and NGOs have put in to curb the growing menace of prison
congestion. Also, being privileged to be part of our radio advocacy through
which we enlightened citizens on their rights before, during and after arrest
has made me more knowledgeable on the provisions of the law specifically the
ACJA as it relates to the protection of these detainees rights.
With
regards to skills, interviewing the inmates has afforded me the opportunity to learn
about client counselling and interviewing. And these skills are a necessity for
a lawyer because his daily life revolves around interactions with clients and
these interactions must be done in a proficient and efficient manner to achieve
the desired outcome.
With
regards to values, during our training we were told about the need to have
values such has discipline, hard work, diligence, integrity, etc. because they
are core parts of the profession and will ensure the success of the pre-trial
project. And during the interview, I found myself exhibiting those values.
Above
all, these experiences has inspired and challenged me to conduct further
research on issues of public interest which includes and exceeds the scope of
pre-trial detention in Nigeria; with the aim of contributing to the reduction
of these ills in the society and hopefully, put a stop to it. With this in mind,
I was elated when I heard about another pre-trial project because it’s another
opportunity to make a difference and create an impact that will be far reaching
and my prior experience on a similar project will aid me in effectively
participating in this project.
The
things I observed made me feel angry. I kept thinking about the fact that those
detainees are someone’s loved one. I also realized that there is nothing like “thank
God my family is not there” because tomorrow, it could be brother or sister in
the wrong place at the wrong time. Does it mean they will be treated the same
way? No better than domestic dogs? I
felt bad and still feel same each time I reminisce on those experiences because
these issues are the reasons why our criminal justice system will remain
backward and inadequate. I also felt disappointed in the government. We all
know that the welfare of the people is supreme (sec. 14 (2) (b).
Also, looking at the social contract theory which from my view, is backed up by
law, the citizens are to obey and pay allegiance to the government (sec. 24)
and the government are to protect and provide for her citizens (sec. 17(1) &
(2)
It is sad however that this is not the case in Nigeria.
Conclusively,
despite all these daunting realities, I still feel hopeful because I know it is
not the absence of strife that makes us competent and useful. Rather, it is our
ability to overcome it that distinguishes us and makes us excel. Therefore, I
still believe that with the right, reorientation, our abilities to inculcate
the right value system and more inclusion of the youths (who have timelessly
being described as future leaders) in activities and even in policy making,
there will be more positive changes and development in the country,
specifically our criminal justice system.
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