Rosemary Ochiwu Idanya from Abuja Law Clinic: Reflection




 
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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