NULAI/OSIWA Pre-Trial Project Self Reflection
Prelude
My name is Emmanuel
C. Emerenini, a 400 level clinician from the University of Abuja Law Clinic and
I must say that the Pre Trial Detention Project has been a rewarding
experience. Prior to our visit
to the prisons made possible by the Open Society Initiative for West Africa
(OSIWA) in partnership with Network for University Legal Aids Institute
(NULAI), Legal Aid Council, Uniabuja Law Clinic and other stakeholders, the
closest glimpse that I have ever had of a prison facility were the images that
I see in movies. I have never visited one in real life, and I imagined how
people cope with life in prisons. I also imagined how people working in prisons
cope with prisoners. Then, on Wednesday, April 18, 2018, I was opportune to
visit the prison facility for the first time in my life. I was among a team of
31 students of University of Abuja Law Clinic that visited the Nigeria Prison
Service, Suleja Prisons, located at Suleja, Niger State. It was really an
awesome experience that left an indelible impression in my life.
The High Expectations
It was really an
experience of many first times. Apart from visiting the prison for the first
time, it was also the first I beheld detainees, sitting close to supposed
‘criminals’ and interacted with them – all prison inmates were hitherto
regarded as criminals, hardened ones at that. It was also the first time that I
interacted with prison officials. I have met a prison warden once, back then in
Owerri, but that was a very long time ago. His name is Peter, he had just
finished his secondary school and was still writing GCEs to complete his papers
when a family friend of theirs who was a senior prison official in Enugu at the time,
helped to squeeze him into the service. His was of the lowest rank, as he was
newly employed with his O-Level certificate, incomplete as it then was. And
since after he left for the job, I have not set my eyes on him again.
By the time we set
out for the prison, I already have retrieved the images of detention facilities
I had in my memory, through numerous and especially foreign movies. Thus, I was
partially on a mission to scale, between what I have already perceived and what
was the reality – the environment, security, officials, detainees, cooperation
between officials and detainees, right to dignity of human person, records and
data, etc.
The security of the
prison was okay, as the entire facility was fenced round with high walls. There
were two well-secured gates manned by armed officials. Entrances and exits were
very strict and commendable. The environment was not bad, but it was a bit
stuffy, probably because of the population of the inmates, and also the size of
the prison. The officials were seen observing their normal daily routines, and
one could give a pass mark for their relationship with the detainees, even
though there were some hostile exhibitions by the officials. Unfortunately,
most of the detainees had scars of inflicted bodily harm which is against
various laws and international treaties.
For instance, the International Covenant for Civil and Political Rights
(ICCPR)[i], of
which Nigeria is a signatory to, provides in its Article 10 (1) that “all
persons deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person". Section 34 (1) (a)
of the 1999 CFRN[ii]
makes express provisions for the right to dignity of the human person. Before
long, we also discovered poor attitude to data and record management.
Down for Business
As soon as we were
ushered into the prison yard, we settled at a canopy set in the open air with
chairs arranged in fives in a circular form. Under the canopy, everyone sat
according to his/her team. There were about 5 teams of at least 6 clinicians.
In one corner were seen some detainees numbering about forty, standing, and
anxious to be engaged by the clinicians. The clinicians went straight to
business. They took charge of the whole situation and displayed great zeal of
professionalism. Each team interviewed one inmate at a time. The way they
handled the session, one would think that it is the only thing being taught in
school – how to interview prisoners.
Meanwhile, the
other inmates were scattered all over the place. It seems it was a free period,
as most of them were seen standing outside, gazing. While the Christian inmates
just finished from a bible class, others were at the gate making some demands
from the officials. It is Muslim time for prayers and the call can be heard.
Muslim inmates were seen observing ablution in a distance, while inmates
waiting to be interviewed were seen standing, anxiously waiting.
There was a
striking commonality among the inmates. They were all wearing ‘bathroom
slippers’. It looked like a general rule, and that was how we distinguished
inmates from staff. Although we learnt that a few of them who arrived newly
were still walking barefooted, and this, somehow, degraded their human
personality, their human right! Also, we noticed that most of them were well
dressed, usually on casual wears. In fact, there was one of them, may be Hausa
by tribe, who was very neatly dressed in jeans trouser and clean T-shirt, with
sparkling white slippers, but a bit tensed.
Another issue that
baffled me was the presence of women inmates. In fact, it was gathered that
there were about 18 women, two with their breastfeeding babies inside the
prison! They were although kept in a separate section. I remembered seeing a
good-looking woman, say in her late 30s or early 40s escorted by two female prison
guards towards the gate leading to the prison offices. Almost every one of us
gazed at her and wondered what brought her into the prison. Who knows what has landed her here? I
thought. After all, Maryam Sanders - the
woman that allegedly killed her husband the other time, was also remanded in
this prison at some point.
My Interaction with Prison Official
Aside the pre-trial
detainee team interview, I was also assigned to interview one of the prison
officials, because we needed to know more about the prison facility we are
visiting. The name of the official that I interviewed is Mrs. Jane Onwudiegwu,
and she is the Officer-in-Charge of Prison Welfare. A very welcoming woman,
naturally a mother, fair complexioned, and may be in her fifties, and dazzling
in her khaki uniform with Green Beret and shiny black boots. As soon as I was
seated in her ‘not so exquisite’ office, what came to my mind was the lyrics of
one Nigerian artiste:
I'm in
chains, you're in chains too. I wear uniforms and you wear uniforms too. I'm a
prisoner, you're a prisoner too, Mr. Jailer.
And I thought about
all the prison officials, and how it feels to be a prison official, but was not
sure whether I took pity or felt sorry, because I don’t believe any of them is
under any compulsion as it is not a volunteer work. I also thought about their
remuneration, if it was commensurate with the difficulty of the job.
Following my
interaction with Mrs. Onwudiegwu, I was able to deduce that the prison was
originally constructed to accommodate 250 prisoners but, at the date of this
visit, it was housing a total of 413 inmates, comprising 395 males and 18
females.There was no record of their age segregation, as it is expected that
the courts, fully aware that the prison is only for adults must have had that
considered. But judging by facial appearances, there were some inmates that
looked quite younger than the ages of criminal responsibility and this negates
the provisions of the United Nations Convention on the Rights of the
Child.Section 30 of the Criminal Code[iii] provides that a person
under the age of seven is not criminally responsible for an act or omission. It
further states that a person under the age of twelve years is not criminally
responsible for an act or omission, unless it is proved that at the time of
doing the act or making the omission, he had capacity to know that he ought not
to do the act or make the omission.
Furthermore, there
were no records of number of awaiting trials and number of convicted inmates.
Although, there was a claim of available but not readily accessible
information, as the authority felt that such information was irrelevant and
unnecessary. There was no record of inmates with legal representation and
therefore no information was given. However, the inmates were well fed and
taken care of health-wise. Relatives were allowed at appropriate times for
visitation, and those with special needs, like those on special diets, were
allowed to stick to their diets. Inmates were also allowed to make phone calls
to their family members, as well as to their lawyers for those that have, but
they have to pay for it, as against Section 6 (2) (c) of the ACJA[iv].
There were
religious activities organized every day for inmates, both Christians and
Muslims. Religious groups also pay periodic visits to the inmates, and the
inmates were not subjected to any form of labour or hard work.
Why this experience was significant
According to an
article titled ‘Deplorable State of Nigerian Prisons’ and published on New
Telegraph online magazine on March 2, 2018[v], the Minister of Interior,
Rtd. Lt. Gen. Abdulrahaman Dambazau, recently raised the alarm on the
deplorable state of prisons in Nigeria, ranging from congestion, to exposure of
inmates to epidemics. He allayed fears that Nigerian prisons no longer served
as reformation centers for inmates when compared with what is globally
obtainable in developed countries.
My interaction with
Mrs. Onwudiegwu clearly confirmed this outburst by the minister. The
interaction was an eye opener as it revealed the stark state of affairs in
detention facilities nationwide. To worsen it all, according to a report
released recently by PRAWA[vi],
over 80% of these detainees that have congested our prison facilities are
awaiting trial detainees! This mind bugging revelation to me, is very
significant, as I have resolved to, as a young lawyer, channel a whole lot of
my youthful energy in canvassing for prison decongestion across Nigeria.
Some underlying Issues that I observed
In addition to the
worrisome issue of congestion of prisons, another issue observed through this
interaction was lack of proper record keeping. There were no record of number
of awaiting trials and number of convicted inmates. There was no record of
inmates with legal representation. This is a very worrisome issue to contend
with in this 21st century when technology is leading in all aspects
of human endeavours. Only a click would have revealed all these information
within seconds. Moreover, these are information needed to fulfill the
provisions of Section 111 of the ACJA[vii].
It was also observed
that some of the inmates had scar of wounds all over their bodies. The
international human rights treaties and instruments are quite clear that
detained persons are entitled to all human rights that are not expressly
removed by the fact of their detention, hence, they should be accorded some
humane treatments. Moreover, a good number of them are yet to be convicted,
thus, they might be found not guilty of the alleged offence to which they are
charged, detained and maltreated.
How my participation influenced my perspectives
My participation in
this project has really broadened my perspective on the poor access to justice
by pre-trial detainees in Nigeria prisons, thanks to OSIWA for this great
opportunity. I have developed this new attitude of thinking of some folks
behind bars, and coming up with different strategies on how to assist them to
access justice. In fact, I am already beginning to think of a post-call pet
project that will be geared towards leveraging on the ACJA and providing legal
assistance to pre-trial detainees, which in turn will contribute to the
decongestion of Nigeria prisons.
What I learnt from this experience
I have really been
exposed through this pre-trial project on a number of pertinent issues
regarding access to justice in Nigeria. The deplorable conditions of Nigeria
prisons, and the slow pace at which the provisions of the ACJA are observed by
both law enforcement agencies and even the judiciary has been depicted through
my participation in this project. The efforts of the Chief Justice of Nigeria
in reforming Nigeria prisons and ensuring that administration of criminal
justice takes a new dimension in Nigeria is very commendable.
The project has in no small way been a
learning process for me. Firstly, as a student, I have been exposed more than
my peers who are not members of the law clinic. I have been directly involved
in criminal case trials, making me more knowledgeable and providing opportunity
to interact with lawyers already in the field.
Also, I have
learned the techniques and skills of interviewing, especially listening and
questioning, in a real-life setting which was very exciting. I have also learned
how to perfect a pre-trial detainee’s case file before hearing.
How the things I observed made me feel
Apart from the ugly
side of the state of prisons and inmates in the Nigeria prisons, which made me
feel really bad, considering what is obtainable in developed countries as seen
in movies, I feel a sense of fulfillment rendering humanitarian services that I
have dreamt all my life through the pre-trial project. As a student, I have
been directly involved in criminal case trials, making me more knowledgeable
and providing opportunity to interact with lawyers already in the field, and I
have developed this sense of lawyer-client representation in the court room,
making me to feel more responsible and being meticulous, as any mistake on my
part could lead to a wrongful conviction.
I also feel very
excited as I am already being seen out there as ‘a lawyer’ even when I’m still
in my 4th year. Above all, bonding with people having similar
passion of providing pro bono services is the ultimate motivation so far.
Conclusion
The prison
pre-trial detainee project has left an indelible mark in my memory as a student
of law. It is actually an experience that should be felt by all law students
desirous to contribute to the development of the criminal justice system in
Nigeria.
I remain indebted
to the Uniabuja Law Clinic for providing me with the platform for this awesome
experience, and I salute NULAI and OSIWA for making the project a reality. It
is my wish that in the nearest future, the aims and objectives of the prison
pre-trial detainee project will be greatly achieved and the impact felt by the
generality of Nigerians.
[i] International Covenant for Civil and
Political Rights (ICCPR), 1966
[ii] 1999 Constitution of Federal Republic of
Nigeria
[iii] Criminal Code of Southern Nigeria
[iv] Administration of Criminal Justice Act, 2015
[v]https://newtelegraphonline.com/2018/03/deplorable-state-nigerian-prisons/
[vi]https://www.pmnewsnigeria.com/2018/03/29/prawa-discloses-over-80-of-prisoners-in-nigeria-are-awaiting-trial/
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