ABSU TO REPRESENT NIGERIA IN N/IRELAND:Brown & Mosten International Client Consultation Competition

It was indeed a highpoint for ABSU Law Clinic, Faculty of Law, Abia State University, Uturu when on 11 December 2011, they were declared the winner of the 7^th National Client Counseling and Interviewing Competition.This means the University will be representing the Nigeria at the 2012 Louis M. Brown and Forrest S. Mosten International Client Consultation Competition at Dublin, Ireland from 18-21 April, 2012.

The University was represented by two final year Law students, namely: Azubuike Seth and Uzoma Ikechukwu in this edition of the competition hosted by the Nigerian Law School, Augustine Nnamani Campus, Agbani, Enugu, from 8 -11 December, 2011.

The competition was organised by the Network of Univerity Legal Aid Institutions, NULAI, Nigeria. This year the number of participating Universities increased from the 15 that featured in the 6^th edition to 19 this time; including new entrants, Madonna University, Imo State University, Nasarawa State University, Olabisi Onabanjo university and Benson Idahosa University who participated for the first time. Judges were selected from various works of life to ensure impartiality and well-rounded decisions. Abia State University emerged the winner beating Ebonyi State University and Nigerian Law School, Enugu Campus in the final round of the competition.

While congratulating the participants, Prof. Ojukwu, the NULAI President pointed that it was only through hard work and adequate training that such victory could be achieved.

ABSU SECURES THE RELEASE OF TWIN BROTHERS AFTER 12 MONTHS

Charles and Sunday are natives of Ibinanta in Igbere LGA who had devoted themselves to ensuring the security of their village. After working with their village chief security for 12 months without pay, they reported him to their community of elders. He was reprimanded and compelled to pay the sum.

The man feeling disrespected by this, set the boys up, alleging they had robbed and shot him. The young men turned themselves in to the police upon hearing this. They were immediately charged to Igbere magistrate court. The police after investigation realized it was all false. The boys applied for bail which the prosecution did not oppose. They were however unable to fulfill the bail conditions when granted. Their lawyer had given up on them since they could not afford his pay.

Two clinicians Ekeoma James and Onwubiko Chika during a prison visit interviewed them and discovered they had been in prison for over twelve months. The lawyer was immediately contacted and the clinic offered to pay his bills. The Clinic went further to contact the boys’ family and together they were able to fulfill the bail conditions. The boys were released, while the clinic is continues work on getting the case dismissed.

TRIAL FOR MR B

On the 4^th of August 2011, Abia State University Law Clinic conducted a follow up visit to Okigwe prisons. One of the cases followed up was that of Mr. B, an indigent young man who was charged with armed robbery at magistrate court, Okigwe in July 2009. The magistrate remanded him pending the DPP’s recommendation which was to have been filed within 21 days.

The clinic decided to help the young man through three clinicians namely Bethel Godfrey, Adiele Promise and Ukanze Chukwunonso. They obtained the charge sheet and the certified true copy of the last court proceeding from the magistrate court. At the DPP’s office, they were received warmly and introduced to the state counsel in charge of the matter. With the DPP’s help, the case file was located and the DPP gave his opinion. Information has now been filed in the high court and the state will proceed to prosecute the young man as is his constitutional right.

A CRY FOR HELP

This story may sound unbelievable; but it is a true report of a case currently being handled by ABSU Law Clinic. The first interview was conducted by Ezinne Umozuruike, a 500l clinician. On the 22^nd of December 2011, Miss A paid a visit to her elder but was informed she had moved out. Some days later, the police came to Miss A's house looking for her sister whom they suspected was connected with the trafficking of a 4 year old boy. Miss A told them she had no idea of her sister's whereabout. They invited her to the police station for questioning. On getting there, Miss A was detained and told she would be released only when her sister was arrested which never happened. She was later granted bail but when her father came to take her on bail on the 27^th of March 2011, he too was detained.

They were both charged to the Magistrate Court at Umuahia for child trafficking and though pregnant, she was remanded at Umuahia prisons on the 30^th of March 2011 along with her 62 year old father. They got a lawyer but were unable to pay his legal fees, so he withdrew from the matter. Miss A gave birth prematurely to a set of twins at the Prisons. The Clinic (represented by Chioma Nwigwe and Ezinne Umozuruike) contacted the family and lawyer. Necessary documents were also obtained by the Clinic and application for bail  filed at the High Court. The application was denied despite medical reports from doctors showing the new born twins and mother could die if not provided with adequate medical attention unavailable at the prisons.

The Clinic has just contacted the Ministry of Justice, Ministry Of Women Affairs and FIDA to come to the aid of this young woman and her twins before it is too late.

ABSU LAW CLINIC SECURES RELEASE OF 2 CHILDREN DETAINED AT OKIGWE PRISONS

The ABSU Law Clinic worked with Barr. Okpalaeke in the release, on 3 August 2011, of two 16-year old boys remanded at the Okigwe Prison.They had been charged for conspiracy to commit kidnapping.

The boys were identified during an interview session by Ogochukwu Oye, a 500l Clinician during the last Prisons visit. It was discovered that the boys had been terribly tortured by the Police into signing a statement misrepresenting they were 18 years and were thus charged to Court as adults. Their parents were unaware of this mistake, and they had no legal representation in court. Bail was denied by the Magistrate.

The Clinic was instantly drawn to the matter and contacted the family while seeking the assistance of  Barr. Okpalaeke. It was discovered that the case actually stemmed from a minor family dispute. The clinic’s persistence and negotiation eventually paid off when the family resolved the dispute. The Clinic followed up and the charge was withdrawn from the Magistrate Court on 3 August 2011 on the condition that the boys should sign an undertaking to be of good behavior. 

The families were extremely happy to have their children back and expressed their gratitude to the Clinic  team comprising  Chioma Nwigwe and  Ogochukwu Oye who had followed the case and present at Uruala Court on the day of freedom for the helpless boys. One of the detained persons, Mr. C. declared his resolve to become a lawyer someday and help other persons regain their freedom.

ABSU LAW CLINIC TEAMS UP WITH NBA ON HUMAN RIGHTS CAMPAIGN

On 29 July 2011, the ABSU Law Clinic participated in a human rights campaign at Girl’s Secondary Commercial, Asa Road, Aba, Abia State. The campaign was organized by a Human Rights Committee of the Nigerian Bar Association, Aba Branch, coordinated by Mrs. Ichie. The Clinic Community Outreach team was led by Ginika Okoroafor and Peace Ogbonna. The campaign was geared towards the sensitization of college students on their civil and political rights as enshrined in chapter four of the constitution and the various enforcement mechanisms available to them upon abuse of these rights. The event was a huge success.

The staff and students were intrigued by the information about human rights and had a lot of questions for both Mrs. Ichie and the Clinicians. At the end of the exercise, the Principal of the School, Dr. (Mrs.) Gina Onochie hosted the campaigners in her office and commended both the NBA and the Clinic for their time and effort at community service.

ABSU LAW CLINIC PARTNERS CLASFON FOR 2ND ADVOCACY AND WELFARE VISIT TO OKIGWE PRISONS;21 July 2011

The ABSU Law Clinic Prisons Service (Advocacy Unit), in conjunction with the Christian Law Students’ Fellowship of Nigeria (CLASFON) paid an advocacy and welfare visit to the Okigwe Prisons on 21 July 2011. The Law Clinic Team led by Ogochukwu Oye and Oyidiya Torti, included some 400 level clinicians. The Clinicians used the opportunity to observe, inquire and gather relevant information on the treatment of the Prisoners as well as their welfare and general living conditions at the Prisons.

The joint team carried with them food, toiletries and articles of clothing, among other things, donated by the students and philanthropists. The prisoners and prison authorities were extremely excited. The Director of Welfare at the Prisons, Mr. Osuji expressed gratitude and commended the Law Clinic and CLASFON.

The clinicians  informed the authorities of the clinic’s willingness to cater for both the legal and non-legal needs of the prisoners to the best of her capability. 

Freedom for Chinedu after 8 years without formal charge

It was freedom at last for Chinedu, a client of ABSU Law Clinic who was released on bail from the Okigwe prisons on 24 June, 2011 after eight years of detention without trial.

The Clinic had earlier reported about CA who has been in custody for eight years following his arrest by the police, detention and arraignment before an Ideato South Magistrate Court on the charge of conspiracy to commit armed robbery. He was subsequently remanded at Okigwe Prisons where he has been since December, 2003.Since then, CA has been wallowing in detention, without a formal charge before a High Court having jurisdiction to try him. In the process, Chinedu has suffered  and lost opportunities, in addition to being exposed to disease, as well as physical and psychological trauma. To compound his woes, his family had no knowledge of his whereabouts as he had lost all contacts with family..

Several visits to Ideato South by a team of ABSU clinicians comprising Chioma Nwigwe, Bethel Godfrey and Fred Ben it was obvious that his family  really had no knowledge of his whereabouts. His aged father, the breadwinner of the family was incapacitate due to old age and thus not able to earn any income. He was however excited to hear about the whereabouts of his son whom he had presumed dead and assured the Clinic of his cooperation in every area he was needed.

The Clinic decided to take up the matter and set up machinery in motion to secure his release, including securing a Lawyer, Barr. Emeka Okoroafor to handle the matter on her behalf on pro bono basis. The Clinic obtained a certified true copy of the record of proceedings to facilitate his bail application, etc.

However, during  the 23 June 2011 advocacy visit to the Chief Judge of Imo State, Hon. Justice Benjamin Ahanonu Njemanze the CJ had informed the Clinic team of the Jail Delivery Exercise scheduled for 24 June 2011. The Clinic team used the occasion to solicit the inclusion of some of her clients in the cause list for the Jail Delivery Exercise, especially that of Chinedu. At the jail delivery, Barr. Emeka Okoroafor, represented the Clinic and argued passionately for Chinedu's case. The Chief Judge after reprimanding the office of the Director of Public Prosecution for abandoning such a young man in prison for so long without trial, granted him bail..

The conditions and processes for his bail were eventually perfected though without some difficulties in bringing his uncle from Abuja to stand as surety since his father was incapacitated.

The Clinic notes that the situation Chinedu found himself  is similar to that of so many prisoners at the Okigwe prisons and other prisons in Nigeria. Such cases contribute greatly to the overcrowding of prisons in the country.

The clinic will continue to contribute its quota in the fight for prison decongestion and access to justice “one prisoner at a time.”

ABSU Law Clinic team on Advocacy visit to the CJ of Imo State

An ABSU Law Clinic team comprising 6 student-clinicians led by Chioma Nwigwe paid a courtesy and advocacy visit to the Chief Judge of Imo State, Hon. Justice Benjamin Ahanonu Njemanze on 23 June 2011. The purpose was to inform the CJ on the activities of the Clinic, and solicit his support for the Prisons Services clinic, and particularly the Okigwe Prisons project.

The CJ commended the Clinic for the noble social service, and informed the Clinic team that the next Jail Delivery Exercise will start on 24 June 2011.
The Clinic team used the occasion to solicit the inclusion of some of her clients in the cause list for the Jail Delivery Exercise of the CJ. Those whose cases were presented included, two under-aged detainees at the prison and Chinedu who has spent eight years awaiting trial and whose file was allegedly missing.


It will be recalled that on 23 March 2011,the Clinic participated actively in a similar exercise by the CJ and in the process secured the release of one of her clients. Impressed by their role then, the CJ had promised to carry the Clinic along in future visits.

This time around, the Clinic has been pre-informed of the exercise and will be participating more actively.The Clinic has secured the services of Bar. Emeka Okoroafor who has volunteered to represent the clinic’s clients at the jail delivery exercise. Thus,the Clinic is likely to secure the release of more Prisoners soon as the Clinic is participating in the jail delivery exercise at the Okigwe prisons. Reports of the exercise will follow shortly.

AHIARA COUPLE FINALLY REGAINS FREEDOM FROM OKIGWE PRISONS

The ABSU Law Clinic finally secured the release of the "Ahiara couple" who has been detained awaiting trial at Okigwe Prisons for almost one year. Their detention followed an arraignment before the Ahiara Magistrates' Court on a charge of arson. They were accused of burning down the family house, an incident which they insisted was an accident.It was a tricky and intricate one as their family members, including the man's parents, were the complainants and wanted them kept away for as long as possible.

Following Clinic's advocacy, an application was filed to the High Court which varied the hitherto stringent bail conditions to facilitate the release of the couple. The Clinic subsequently contacted their family members to fulfill the bail terms,and the couple was released by the Court. The couple is presently recuperating in a hospital, while the family has called to express their gratitude for our services.

ABSU LAW CLINIC PARTICIPATES IN ALL AFRICA LAW CLINICS CONFERENCE

ABSU Law Clinic recently participated in the just concluded All Africa Law Clinics’ Conference on Criminal Justice and Pre Trial Detention which was organized by NULAI Nigeria.

The Conference which brought together the major stakeholders in the criminal justice system from all over Africa, took place at the Hawthorne Suite, Garki Abuja.
The ABSU Law Clinic had in attendance the Coordinator, Dr Sam Erugo, Dr Eze Ngwakwe and Orji Agwu Uka the immediate past student head of the clinic.

The Conference presented the clinic with a golden opportunity to network and establish contacts with other partners in the sector including the National Human Rights Commission, Non Governmental Organizations like REPLACE, other law clinics from within and outside the country etc.

Meanwhile the Clinic uses this opportunity to congratulate the Open Society Justice Initiative on the recent signing into law of the Freedom of Information Bill by President Goodluck Jonathan. The Clinic acknowledges the well documented role of the Justice Initiative towards the ground breaking event which has taken almost twelve years and wishes her well in other endeavours.

ABSU LAW CLINIC PRISON VISIT FOR 2010/2011

The ABSU Law Clinic has commenced its prison visits for the 2010/2011 Academic Session.

The visits which took place on the 19th and 23rd of May 2011, saw a team of 143 student-clinicians drawn mostly from the 500 level LL.B class (and few from 400 level class)visiting the Aba, Umuahia and Okigwe Prisons for various reasons.The reasons were in line with the division of the prison services into four units, to wit:
i. Pre-Trial Detainees Unit
ii. Prisoners’ Street Law Unit
iii. Prisons’ Reform and Advocacy Unit
iv. Vulnerable Prisoners’ Unit

Thus, in addition to the regular interview of Pre-trial detainees,and particularly vulnerable prisoners, there were also Prisons street law and fact-findings missions for Prisons reform and advocacy.

A comprehensive report of the visits, including a breakdown of the units’ report will follow soonest.

PRISON SERVICES CLINIC ORIENTATION WORKSHOP

The ABSU Law Clinic Pre field visit workshop held on 11 and 12 May 2011 to herald the 2011 Prisons Services Clinic session and other outreach programmes. The Workshop held at the Faculty of Law Complex, Abia State University, Uturu with the students actively participating in the organization and the workshop sessions.

The Objectives Pre Field (Prisons) Visit Workshop was:
• To sensitize the students, stakeholders, Faculty and Community on the ABSU Prisons Service Clinic, Street Law and Outreach programmes generally;
• To bring together and elicit the cooperation of all stakeholders for the Prisons Service/Street Law programmes;
• To identity the rules of prison visits, interviews and reporting (for Pre-trial Detainees, Prisons’ Street Law and Prisons Reform and Advocacy Units)
• To train students to understand the nature of Prisons service work, applicable rules and legal instruments;
• To prepare the students adequately to conduct prison visits and interviews at Okigwe, Umuahia and Aba Prisons for purposes of legal aid and or advocacy;
• To identify and list the legal needs of all categories of prisoners;
• To identify the available legal aid facilities presently available to the prisoners;
• To train students to successfully conduct live interviews and be in a position to counsel and render services to the prisoners;
• To train students to prepare lesson plans and to teach citizens’ rights, including Prisoners’ rights.
The Workshop Outcomes were to enable the students:
• Discuss the scope of the Criminal Justice System in Nigeria as it relates to Prisons;
• Explain the scope of applicable Human Rights Instruments in Nigerian Prisons and the work of the Legal Aid Providers in Prisons;
• Explain the rules and ethics of prison visits;
• Identify some guidelines (including the Rules of Professional Conduct and Ethics) for Client Interviewing and Counseling as it relates to pre trial detainees;
• Conduct an effective interview and counseling for a pre trial detainee;
• Conduct an effective group interview in the prisons;
• Prepare lesson plan, and conduct an effective teaching on Prisoners’ and other rights;
• Analyze and find solutions to problems arising from information received from the Pre Trial Interviews.
• To render legal assistance, or refer deserving prisoners for legal aid/assistance

The Workshop had in attendance, The Ag. Dean Faculty of Law M O Unegbu, a Former Dean of the Faculty, Barr P. C. Ugochukwu, Clinic Coordinator Dr Sam Erugo, Clinic Supervisors, Dr E C Ngwakwe, Barr Emeka Ezeogu, Mrs Chizoba Okpara, clinicians and the faculty.

The Prison controllers delivered talks to the students on the Prisons generally and specially on Prisons, prisons’ visit rules and practices, while the NULAI President encouraged the work. One notable outcome of the Workshop was the inclusion of Aba Prisons for the services at the request of the Abia State Controller of Prisons as he commended the project and sought the clinic’s assistance by extending its services to Aba Prisons. The Workshop presentations were interactive.

After the formal closure and departure of the guest speakers, the workshop went into student-sessions and continuing the following day, as the students in their groups, had discussions and seminars to prepare for the visits to the prisons and Community outreach programmes.

Topics presented at the workshop included

• An overview of prison service as a CLE method; aims and objectives-Dr Sam Erugo/DrEze Ngwakwe
• The Police, the Prisons and the Courts under the Nigerian Criminal Justice system: Nwankwo C. K.
• Role of Prisons in the administration of justice; the rules and ethics of Prison visits by Barr Njoku
• The Role of the Courts in the Administration of Justice-Mrs C Okoroji Chief Magistrate Imo State Judiciary

The Coordinator, Dr Erugo used the occasion of the workshop to announce the division of the Clinic prisons work into four units to make for efficiency and specialization, to wit:

i. Pre-Trial Detainees Unit
ii. Prisons’ Street Law Unit
iii. Prisons’ Reform and Advocacy Unit
iv. Vulnerable Prisoners’ Unit
Accordingly the Students for this year’s prison service were divided into the said units. The facilitators for the groups are:
i. Prisons’ Street Law Unit-Facilitators-Mr. C.K. Nwankwo/Dr. Erugo
ii. Pre-Trial Detainees Unit-Facilitators-Mr. Emeka Ezeogu/Dr Innocent Okoronye
iii. Prisons’ Reform and Advocacy Unit-Facilitator-Mr. Emeka Okoroafor/Dr. Eze Ngwakwe
iv. Vulnerable Prisoners’ Unit-Facilitators-Mrs. Chizoba Okpara/Dr. Sam Erugo
There were also student-groups Role Play on Interviewing Pre-Trial Detainees, group interviews, teaching practices etc.

HOPE AFTER EIGHT YEARS

After eight good years of excessive and arbitrary detention without trial, hope appears to be on the horizon for one of the clients of ABSU Law Clinic who is set to be released on bail next week. We had earlier reported in previous blog posts about one Chinedu who has been in custody for eight years, after being arrested by the police, detained, arraigned before an Ideato South Magistrate Court on the charge of conspiracy to commit armed robbery and subsequently remanded in Okigwe Prisons since December, 2003.
Since then, Chinedu has been wallowing in detention, has not be formally charged before a High Court that has jurisdiction to try the charge and in the process, has apparently suffered loss of job and education opportunities, in addition to being exposed to disease, physical and psychological damage. To compound his woes, his family had no knowledge of his whereabouts since his arrest and he had lost all contacts with them.
Follow up visits to Ideato South carried by a team of clinicians comprising Chioma Nwigwe, Bethel Godfrey and Fred Ben revealed that his family indeed really had no knowledge of his whereabouts, his aged father, the breadwinner of the family, was no longer able to walk properly due to old age and was thus not able to earn an income any longer. He was however excited to hear about the whereabouts of his son whom he had presumed dead and assured the Clinic of his cooperation in every area he was needed.
The Clinic decided to take up the matter and secured a Lawyer to handle the matter on her behalf on pro bono basis. The first step in the process has already been taken to wit obtaining a certified true copy of the record of proceedings to facilitate his bail application which all things being equal will be filled at the High Court on Monday.
In a related development, the Clinic has continued in the slow but steady march towards securing the acquittal of one of her clients charged with armed robbery. We had also earlier reported about Chibu, as he will be simply referred to, who was charged with armed robbery, arrested at the age of seventeen as had been in detention for five years.
The Clinic has fully taken over the case after the amicable termination of the brief of the previous lawyer handling the matter, as the case file had been handed by the family to the clinic. The clinic has already contacted a lawyer who has applied for the case to be struck out at the Isuikwuato High Court.

MORE PRISONERS RELEASED BY ABSU LAW CLINIC

UP!Some of our pictures from the Prisons-

The ABSU Law Clinic work has continued to yield further fruits with the release of two prisoners from Aba and Okigwe prisons this week. The prisoners, in this report are simply referred to as Mr. CA and Mr. CO (for confidentiality purposes), were released on 4/4/2011 and 6/4/2011 respectively. Reports from the Clinic Units at Aba and Okigwe indicate they have since rejoined their families.

We reported last week that the Clinic embarked on a visit to Aba prisons where about twenty prisoners were interviewed. Following that, the student-clinicians proceeded to the courts where the cases were pending, located the case files and obtained relevant information to aid the work, e.g. the charge sheet, fact of legal representation, the stage of the case, etc.

The Clinic identified the subject two cases therefrom and moved to secure their immediate release. On 30th March, CA’s case was called up and the Clinic engaged the services of O.O. Anya Esq who successfully applied and got his bail conditions reviewed. On Monday April 4, 2011 he was released from prison after the new bail conditions were perfected.


The Clinic also secured an order for the release on bail of another prisoner, Mr. U. However as at the time of this report, his brother, David who happens to be a painter was unable to fulfill the condition especially as regarding three years tax clearance required by the court. He was then asked to get another relation of theirs who can satisfy the said condition while the Clinic is considering an application for the variation of the bail terms to enable the family fulfill same. The Clinic team for Aba includes Kalu Nnamdi Collins 500L, Mrs. Peace Ogbonna 500L and Emeh Cyril 400L, and they have been working under the supervision of Mr. C.K Nwankwo. Kudos to the team.

For Mr. CO, his case is a little unique. In the course of a follow up visit to the prison, the prison authorities informed us of a young man who was convicted for stealing yam and sentenced to one year imprisonment with an option of a fine of N2,000. Inquiries from the prison Welfare office revealed that, not only was he a first offender, but was truly repentant and had been of good behaviour. The Welfare Officer also informed us that there were chances of his becoming a hardened criminal if allowed to mingle with fellow convicts. The Clinic thus took the decision to assist the young man with the payment of the fine, after the Welfare office promised to conduct a counseling session for him before his discharge from the prison.
On Monday March 28th, the clinic went to Urualla Magistrate Court where we were able to pay the fine and fill the release order and he was released today April 6, 2011.The team for this work comprised of Chioma Nwigwe 500L and Nwagboso Chikezie 400L. Kudos.


Meanwhile, an application for the striking out of the armed robbery charge against Mr. Chib currently ongoing at the Isuikwuato High Court is expected to be filed before the end of the week as the clinic has secured a lawyer to represent him. His parents are scheduled to visit the Clinic this week to express their gratitude over the Clinic’s assistance thus far. A similar application is also expected to be moved this week for Mr. Chined who has been in custody for eight years. A visit to the Magistrate Court today confirmed there is not case file for his case. The case file is said to be part of those destroyed during a fire inferno that razed the court building some years ago.It is expected that a single application may be enough to secure the dismissal of the case.

TAKING JUSTICE TO THOSE IN NEED

It was another rewarding week of work at the ABSU Law Clinic as the task force continued to work round the clock to ensure the realization of the mandate set for it.

Reports from Aba Prisons indicate that barring any unforeseen circumstances, two clients of the Clinic would be released from that Prison on Monday, April 4, 2011.

For the first prisoner, Chris, the clinic visited Chief Magistrate Court 2, Aba South on 30 March, 2011 and fortunately the matter was called up. The Clinic engaged the services of O. O. Anya, Esq. who successfully applied and got Chris' bail conditions reviewed. We also met with the Chief Magistrate in Chambers and discussed our mission. Today, the Clinic ensured that all the bail conditions were satisfied, save for the police to verify the address for the surety. That would be done on Monday and he would be released.

There is also the case of UK, another client of the Clinic: UK’s brother has undertaken to fulfill all the bail conditions on Monday and hopefully UK would join Chris to regain their freedom on Monday courtesy of the Clinic. UK’s case is in Chief Magistrate Court 1 also in Aba South. That would entail a slight extension of the deadline of the task force, but one which is reasonably proper in the circumstance, you’ll agree. The Aba Prisons task force team is led by Kalu Nnamdi Collins under the supervision of Barr C. K. Nwankwo.

In Okigwe, the Clinic during the week held a fruitful meeting with the DPP Okigwe with a view to securing the striking out of  charges against some of the prisoners who had spent unduly long periods in detention. One of the cases discussed was that which had earlier taken our clinicians to Ideato South in Imo State. to source the attention of relations of the prisoner. After a futile search for the case file in the office of the DPP, it was discovered that eight years after his remand, the case file had yet to be transferred to the DPP, and so there was no information filed against the accused person. It was mutually agreed by both parties that an application for bail be immediately made to the court on his behalf. This would be done next week.

Another pathetic case is that of the couple arrested on the charge of arson for allegedly burning down their own family house, an occurrence which they insist was an accident. The Magistrate in charge of the case has agreed to vary the hitherto stringent condition for bail, while the family has been contacted to arrange to fulfill the bail terms. The Clinic had earlier invited the family all the way from Mbaise, Imo State in an emotion-laden visit to Okigwe prison, the first since the incarceration of the couple.

And in Umuahia prison, it was indeed the case of taking justice to the needy. The clinic took several steps forward towards securing the dismissal and acquittal of the case of a young boy who for reasons of confidentiality would simply be referred to as Chibu. He has been in detention for the past five years on the charge of armed robbery. He insists on his innocence and claimed to have been arrested at the age of seventeen which is what attracted the attention of the clinic to his case. The clinic could not do much for him however due to the seven months inactivity following the strike action. During a follow up visit to the prison on Friday, March 25, 2011 we realized he was still in detention, but since the last visit his mother was able to secure the services of a lawyer to represent him.

That should have ended it, but according to him, the lawyer is not diligent, hardly shows up for his case, is an old man and frequently complains about his health. His mother is seriously regretting paying him. The State Counsel admits not knowing where the case file is, and the Judge expressed his anger at the Lawyer for apparently not doing enough to apply for the case to be struck out for want of diligent prosecution. We explained to him the ethical implications of changing counsel and all, but promised to be in Court (Isuikwuato High Court)1st April when his case would be called up again to make observations and if he was correct, possibly meet with the mother and arrange for a lawyer to apply for his case to be struck out. At his request, the clinic also paid little money into his accounts with Prisons authorities to enable him meet his court appointment on 1st April.

The clinic fulfilled her commitments by attending the court sitting and true to the reports, neither the lawyer nor the state counsel were in court, and so his matter was mentioned but adjourned yet again. The court clerk and registrar warmed up to us when we approached to make enquiries about his case. The case file as shown to us confirmed that out of thirteen times that the case was called up, the lawyer had appeared only three times. We were informed outright that he doesn’t come for the case except when he is in court on another matter and the case is called up. Unfortunately, the mother was not in court, and so we had to take the long and dust filled bike ride to Ozara in Isuikwuato LGA to meet her. The meeting went well and they confirmed paying 60% of the lawyer’s fees and so couldn’t comprehend his actions. We discussed the possibility of the clinic taking over the case, but made it clear that in line with the ethics of the legal profession, they had the duty to inform the lawyer first of their intention to terminate his brief. The Clinic has already contacted a lawyer who has agreed to apply for the case to be struck out.There are three other cases nearing completion in Umuahia.

Meanwhile the activities of the general clinic for the new session would commence soonest.

FLURRY OF ACTIVITIES AT ABSU LAW CLINIC AS WEEK ONE OF THE TASK FORCE ENDS

There was a flurry of activities at the ABSU Law clinic as the first week came to an end since the setting up of the task force by the Clinic Coordinator, Dr. Sam Erugo.

At the Okigwe Prisons, activities continued in earnest towards the realization of the objective of securing the release of some indigent prisoners deserving freedom. It would be recalled that several lawyers had been contacted to help file necessary applications on behalf of the Clinic for the indigent prisoners in deserving cases.

In the course of the week, the Clinicians also embarked on follow up visits to the families of the inmates to make arrangements for their bail applications. Such trip took the students to the remotest parts of Imo and Abia State. The most interesting of such trips was that of Ideato South Local Government embarked upon by Chioma Nwigwe, Bethel Ugochukwu Godfrey and Kalu Fred Ben. The inmate had made no contact with his aged father since his arrest in 2003, and in the course of the interview session, it was clear there was some underlying family feud that accounted for his long period in detention. After making the long trip to Ideato, the Clinic unfortunately met with the Step mother of the prisoner who did everything to frustrate the efforts of the clinic to meet the father. Fortunately however, we were lucky to meet some children in the compound who eventually gave us his phone no. The clinic thus succeeded in intimating him of the where about of his son after eight years, and arrange for further contact with him.

Another visit to Uruala almost yielded another release on Thursday, but the Magistrate Court where the case is being tried adjourned to Monday. Barring any further twist in the case, it would be release number two in as many weeks.

In Aba, the situation is even more promising. The task force team which is being coordinated by Barr C. K. Nwankwo, this week visited the Aba Prisons which appeared to have been neglected following the strike actions that hampered the clinic activities. In the course of the visit, more than twenty prisoners were interviewed by the Clinicians. Following that, the students also embarked on visits to the courts where the case files of the prisoners are located.

Meanwhile more high profile lawyers have continued to identify with the efforts of the Clinic towards taking justice to the indigent awaiting trial prisoners. On Thursday, two Clinicians Orji Agwu Uka and Uzoma Ikechukwu Chibuike on behalf of the Clinic sought and secured the services of a Senior Advocate of Nigeria, Obiorah Obianwu of Utoko & Nwokedi Chambers, 78 Pound Road Aba to do pro bono cases on behalf of the clinic. And in a related development, an Aba High Court Judge, Hon Justice O. A. Otisi praised the ABSU Law Clinic for the good work it was doing in providing free legal services for the indigent. Justice Otisi was speaking while paying host to students of the Clinic who paid her a visit on Thursday. She expressed delight that at a time when the general impression was that youths spent their times on frivolities, cultism and other social vices, the Law Clinic kept youths purposefully employed and busy doing such community service. She also had some words of praise for NULAI and the students of the Clinic. Justice Otisi incidentally is a former lecturer in the Faculty of Law, Abia State University.

The activities for the week were rounded off in Umuahia, Friday when about fifteen Clinicians paid follow up visits to the Umuahia Prisons in furtherance of the efforts to secure the release of those illegally and unlawfully detained there. The initial visits were carried out in July 2010 where about fifty persons were interviewed. During the visit today, twenty one of such persons were visited and further information were obtained from them. All is thus set for the last week of the Task force where the work would hopefully be finalized.

ABSU LAW CLINIC RECORDS FIRST RELEASE FOR THE SESSION

Fortune smiled the way of one of the prisoners whose case was being handled by the ABSU Law Clinic as the clinic secured his release today. He is Mr. S, a 28 years old bus driver and a native of U. in Ikeduru, Imo State.

This happened today 23 March,  2011 during the occasion of the 2011 jail delivery exercise undertaken by the Chief Judge of Imo State, Justice Benjamin Ahanonu Njemanze. This exercise coincided with one of the Clinic's repeat visit and the Clinic team quickly joined the jail delivery team for the benefit of its clients.

Mr. S. was arrested following an accident which took place in November 2008 and arraigned before a Magistrate Court in Mbano in December 2008 on the charge of occasioning grievous harm contrary to Section 332 of the Criminal Code.

The Clinic came into contact with the case on January 4, 2010 during a prison visit to Okigwe Prison. The interview then was conducted by Anaba Adaeze Deborah and recently reviewed for further action by Orji Favour Adaeze.

The Clinic, in the absence of a legal practitioner to appear on behalf of the inmate immediately contacted the Legal Aid Council Coordinator for that purpose and at the end of the day, the Chief Judge ordered his immediate release.

The clinic also provided funding to ensure his transportation back home, reunite with his family and also take care of some immediate needs.

Mr. S. was thus the first person to be released through the ABSU Law Clinic’s activities for the 2009/2010 Session and hopefully would signal more of such before the end of the month.

The Clinicians who took part in this ground breaking exercise were

Chioma Nwigwe 500 Level

Oziogu Izuchukwu 500 Level

Oyidiya Torti 500 Level

Uma Ezinne Okechukwu 500 Level

Ugo Ndidi Bernard 400 Level

Uzoma Ikechukwu Chibuike 400 Level

The Clinic also used the opportunity to establish contacts with the Chief Judge of Imo State, Director of Public Prosecutions and the Legal Aid Council of Nigeria, Imo State Branch. Appointments were immediately arranged with these persons in anticipation of further action.

ABSU LAW CLINIC ENLISTS THE PRO BONO SERVICES OF FORMER NBA CHAIRMAN TO RELEASE PRISONERS

The ABSU Law Clinic on Monday March 22, 2011 enlisted the partnership (pro bono) of an Owerri-based Senior Lawyer and  former Chairman of NBA Owerri Branch, Barr N.B.E. Nwigwe in a deal to effect the release of several indigent prisoners illegally and wrongfully detained at Okigwe Prisons. This is part of the session's Prisons Services Clinic, and in fulfillment of the mandate given to the Clinic's Task force set up to clear the backlog of its indigent clients in prison requiring legal assistance to regain their freedom. It will be recalled that the Clinic had interviewed several such Prisoners at the beginning of the session, identified those in need of legal assistance, and has been pursuing releases.

In a short, but rewarding meeting held in Owerri today, Barr Nwigwe, the Principal Partner of Nwigwe & Uchegbu Chambers indicated interest in providing Lawyers in his Chambers to do some of the cases on behalf of the Clinic on pro bono basis. He also left some useful advice for the clinic on how best to achieve the objectives of the clinic, having personally conducted several pro bono cases during his spell as NBA Chairman, including conducting personal visits to the families/blood relations of the prisoners to ascertain the reason why they were abandoned, and to stand sureties in the event of possible applications for bail so that we do not end up embarking on exercises that would end in futility. He also advocated dexterity in carrying out the visits to the communities as such had the potentials of turning hostile.

Logistics on how to prosecute the cases were also agreed upon on the terms that the clinic would provide token transportation for the lawyers engaged in the cases. Subsequent meetings have been scheduled to iron out further logistics for the project.

Several other lawyers have also been contacted for the purpose.

The visit was carried out by Orji A. Uka and Azubuike Seth of the ABSU Law Clinic.

ABSU LAW CLINIC SETS UP TASK FORCE TO SECURE RELEASE OF PRISON INMATES

The ABSU Law Clinic on Thursday March 17, 2011 set up a Task Force to ensure the release of several indigent awaiting trial prisoners of the Okigwe, Umuahia and Aba Prisons whose cases were being handled by the Clinic. Setting up the Task force, the Coordinator of the Clinic, Dr Sam Erugo enjoined them to ensure that all hands are on deck to secure the release of as many prisoners as possible within the next one month.He noted the disruption of the Clinic's initial plan of action  by the 7-month strike action; and observing that certain deserving cases have been identified, he emphasized the need to set up a task force to work ad hoc, timely and quickly to actualize the NULAI/Funders' goal for the current session which ends 31 March 2011. This goal, he said, is simply to secure the release of prisoners already identified as deserving legal assistance, employing the cooperation and partnership of all Clinicians and partner organizations, including NGOs, the NBA,Legal Aid Council of Nigeria and private legal practitioners. 

The Task force team is to be coordinated by Orji Agwu Uka, a Clinician who just recently completed his LL.B program with the Faculty of Law, ABSU.

The team comprises of student clinicians drawn from the 500 Level and 400 Level Students in the Clinic and will be led by Chioma Nwigwe for Okigwe Prisons, Ekeoma James Ikechukwu for Umuahia Prisons and Kalu Nnamdi Collins for Aba Prisons.

The team has accordingly launched a multi pronged attack to ensure the fulfillment of their mandate. The modus operandi of the current operation include follow up visits to the prisons to meet the accused persons, calls and visits to the families and homes of the prisoners, engaging lawyers to secure the release of the prisoners at little cost and meeting with the Law Enforcement agencies like the office of the DPP, the Police etc.

Several Lawyers have already been contacted for the purpose and they all indicated interest to participate in the exercise.

A comprehensive report of the exercise is coming soon!