ABSU LAW CLINIC ON ADVOCACY VISIT TO THE OFFICE OF THE ATTORNEY-GENERAL, ABIA STATE

A team from ABSU Law clinic led by Mr. Emeka Okoroafor, comprising of Azubuike Seth, Uzoma Ikechukwu, Akabuike Salome, Nwagboso Chikezie, Ndukwe Victor Osiri and Ezinne Anyaoha, paid an advocacy visit to the office of the attorney general of Abia State on Thursday 23, August 2012.

The essence of the visit was to formally intimate the Attorney-General on the role of ABSU law clinic in providing access to justice for the indigent through our special prison service. Also, the team comprising of the National Champions and Semi-finalist in the international stage of the Client Consultation Competition presented their awards and certificates to the attorney-general.

The meeting which attracted legal luminaries such as Mr. John Amaduoyi (NBA Chairman Umuahia Chapter), Enyinnaya Okezie (Permanent Secretary and Solicitor General), Mr. Amaobi Agbara (Chairman Abia State law Reform Commission) and Mr. Nwachukwu (Chairman Committee on Legal Drafting), established a new relationship between the Clinic and these legal luminaries in Abia State. In his statement, the Attorney-General, Chief Umeh Kalu in a joyous receptive mood, congratulated ABSU Law Clinic for achieving such great feet. He also urged them to show more dexterity in their pursuit for greater heights. As an alumnus of the great Faculty of Law Abia State University, he guaranteed that his office will always be open at all times to the Clinic.

In a vote of thanks, Azubuike Seth expressed deep gratitude to the Chief Legal officer of the state and his colleagues for their words of encouragements and promised that the Clinic will not relent in their efforts to make the profession and state proud.

RELEASED ON BAIL AFTER 3 YEARS IN PRISON CUSTODY

Freedom though abstract, can only be truly appreciated through the behavior and physical dispositions of people who have been deprived of it for so many years. Same was the case of one Mr. Ajali Chukwu who couldn’t stop crying as he left the walls of Umuahia prisons yesterday August 15, 2012 after 3 years of incarceration awaiting trial.

Following the last report on our blog titled Arrested, Arraigned and Abandoned, Mr. Ajali Chukwu who was arrested and accused of armed robbery on the 25^th day of December, 2009, at Ekoba village along Enugu-Umuahia expressway was granted bail for the third time on Monday 13, August, 2012 with bail conditions as follows: N100,000, affidavit of means, two passport photographs and an identity card. The bail application was moved in a vacation Court in Umuahia High Court 5 before His Lordship Ogechi Okehielem.

The motion was for granting of bail pending the filing, hearing and determination of the information against the applicant. The motion was brought pursuant to several laws that reflect fundamental human rights as it affects the applicant. Counsel for the accused, Barrister Ifeanyi Olukwa in his address stated that keeping the accused in prison custody for 3 years was a gross violation of his fundamental rights and urged the court to grant the accused bail on liberal conditions. In line with the written address of the counsel wherein it was stated that there was no complainant mentioned in the charge sheet and no item was mentioned stolen. The Director for Public Prosecution concurred with the submissions of the learned counsel by not raising an objection to the motion for bail, thereafter the court granted bail on very liberal terms.

It is pertinent to note that through the representatives of ABSU Law Clinic Azubuike Seth and Akabuike Salome, the services of Ifeanyi Olunkwa (Barrister) was secured PRO-BONO for the purpose of securing the bail of the accused person thus; Abia State University Law Clinic is overjoyed for the granting of bail to the accused person . To ensure that applicant has no other set back to enjoy his freedom of movement as provided in the 1999 Constitution of the Federal Republic of Nigeria as amended, we are fully devoted to ensure that the applicant is discharged and acquitted.

ARRESTED, ARRAIGNED AND ABANDONED

The unending quest to bring to an end all limitations and hindrances to the actualization of access to justice by the indigent, has once again been given flesh as ABSU law clinic extends a hand of support to yet another indigent member of our society.

Mr Ajali Chukwu a truck pusher aged 23, on the 25^th day of December, 2009, at ekoba village along Enugu-Umuahia expressway on his way to his home town was arrested and accused of being part of a gang of armed robbers that attacked a commercial vehicle plying on the said route.

On the 14^th day of July 2010, Ajali Chukwu was arraigned before the chief magistrate court in the umuahia magisterial district where he was granted bail by His worship M.C Ahukannah (Mrs). The bail conditions include the sum of N500,000 with one surety in the like sum; surety to deposit two passport photographs with the court, swear an affidavit of means and his place of residence to be verified by the place in writing. Due to failure to meet the bail conditions, his matter was transferred to the office of the Director for Public Prosecution (DPP) for his opinion before he is arraigned before a High court.

ABSU Law clinic during the just concluded 2011/2012 prisons’ visit came in contact with the accused who has been abandoned for 3 years in prison without going to court. Due to the peculiar nature of the case, the clinic decided to step into the situation seeing that he was indigent and doesn’t have a lawyer. After series of investigation, we discovered that he was granted bail but due to his failure to meet the bail terms, his file was transferred to the office of the DPP. Upon a follow up visit to the office of the DPP, we discovered that file was missing.

The clinic through the efforts of Azubuike Seth and Salome Akabuike (500 level students) engaged the services of Barr. Ifeanyi Olunkwa who swung into action immediately by making an application for bail before a vacation court in umuahia since the judiciary is on vacation. The motion for bailed will be moved on Monday 13^th August 10, 2012 and we promise to keep you updated throughout the stages of trial.

ABSU LAW CLINIC SECURES THE RELEASE OF A DETAINEE AFTER 7 YEARS OF RESTRAINED ACCESS TO JUSTICE

To Mr. Ifeanyi Onyeabor, who hails from Ozara Isiukwuato, the 11^th day of May 2012 would remain memorable in his life. On that day, Justice Obisike of the Abia State High Court restored his freedom. Delivering judgment on the suit The State v. Ifeanyi Onyeabor suit no. HS/9C/2010, his Lordship granted the application for withdrawal made by the Prosecution and therefore discharged the accused person. The above feat would not have been possible without the dogged commitment and diligence of the ABSU law clinic.

The facts of the case are as follows. The accused was arrested on the 31^st October 2006 by village youth, who alleged that they caught him with a locally made pistol, a round of cartridges, and a butcher knife. They also alleged that he robbed one Pastor Matthew I. Moses. Therefore they handed him over to the Police on 22^nd October 2006; he was arraigned before the Umuahia Magistrate Court 2 and was remanded in prison custody.

Nothing was heard of the matter from 2006 to 2010 .During the 2010/2011 Session Prisons Visit the accused was one of the detainees attended to by the Clinic. Facts gathered by the Clinic  revealed that the lawyer handling the matter was no longer diligent and interested in the case(he appeared 3 times  out of 21 times the case was heard) because the accused could not foot the bills, moreover,  the prosecutor was also not appearing before the court regularly (he appeared 11 times out of 21 times) .

Armed with these facts, the Clinic swung into action by first ensuring that the existing legal relationship was amicably terminated. A new lawyer, Emeka Okorafor (Esq.), was engaged to handle the matter. He brought his zeal and dexterity into the matter and ensured that the case file was transferred to the Isiukwuato High Court .In 2010, the accused was arraigned before the Court. The Clinic provided logistics for his(the detainee’s) movement.

The breakthrough in the case occurred when on 4^th May 2012, the State Counsel brought an application to withdraw the matter .after hearing the motion the Court adjourned to the 11^th May 2012 on which His Lordship granted the withdrawal application.

ABSU LAW CLINIC SECURES THE RELEASE OF A DETAINEE AFTER 7 YEARS OF RESTRAINED ACCESS TO JUSTICE

To Mr. Ifeanyi Onyeabor, who hails from Ozara Isiukwuato, the 11^th day of May 2012 would remain memorable in his life. On that day, Justice Obisike of the Abia State High Court restored his freedom. Delivering judgment on the suit The State v. Ifeanyi Onyeabor suit no. HS/9C/2010, his Lordship granted the application for withdrawal made by the Prosecution and therefore discharged the accused person. The above feat would not have been possible without the dogged commitment and diligence of the ABSU law clinic.

The facts of the case are as follows. The accused was arrested on the 31^st October 2006 by village youth, who alleged that they caught him with a locally made pistol, a round of cartridges, and a butcher knife. They also alleged that he robbed one Pastor Matthew I. Moses. Therefore they handed him over to the Police on 22^nd October 2006; he was arraigned before the Umuahia Magistrate Court 2 and was remanded in prison custody.

Nothing was heard of the matter from 2006 to 2010 .During the 2010/2011 Session Prisons Visit the accused was one of the detainees attended to by the Clinic. Facts gathered by the Clinic  revealed that the lawyer handling the matter was no longer diligent and interested in the case(he appeared 3 times  out of 21 times the case was heard) because the accused could not foot the bills, moreover,  the prosecutor was also not appearing before the court regularly (he appeared 11 times out of 21 times) .

Armed with these facts, the Clinic swung into action by first ensuring that the existing legal relationship was amicably terminated. A new lawyer, Emeka Okorafor (Esq.), was engaged to handle the matter. He brought his zeal and dexterity into the matter and ensured that the case file was transferred to the Isiukwuato High Court .In 2010, the accused was arraigned before the Court. The Clinic provided logistics for his(the detainee’s) movement.

The breakthrough in the case occurred when on 4^th May 2012, the State Counsel brought an application to withdraw the matter .after hearing the motion the Court adjourned to the 11^th May 2012 on which His Lordship granted the withdrawal application.

ABSU LAW CLINIC SECURES THE RELEASE OF A DETAINEE AFTER 7 YEARS OF RESTRAINED ACCESS TO JUSTICE

To Mr. Ifeanyi Onyeabor, who hails from Ozara Isiukwuato, the 11^th day of May 2012 would remain memorable in his life. On that day, Justice Obisike of the Abia State High Court restored his freedom. Delivering judgment on the suit The State v. Ifeanyi Onyeabor suit no. HS/9C/2010, his Lordship granted the application for withdrawal made by the Prosecution and therefore discharged the accused person. The above feat would not have been possible without the dogged commitment and diligence of the ABSU law clinic.

The facts of the case are as follows. The accused was arrested on the 31^st October 2006 by village youth, who alleged that they caught him with a locally made pistol, a round of cartridges, and a butcher knife. They also alleged that he robbed one Pastor Matthew I. Moses. Therefore they handed him over to the Police on 22^nd October 2006; he was arraigned before the Umuahia Magistrate Court 2 and was remanded in prison custody.

Nothing was heard of the matter from 2006 to 2010 .During the 2010/2011 Session Prisons Visit the accused was one of the detainees attended to by the Clinic. Facts gathered by the Clinic  revealed that the lawyer handling the matter was no longer diligent and interested in the case(he appeared 3 times  out of 21 times the case was heard) because the accused could not foot the bills, moreover,  the prosecutor was also not appearing before the court regularly (he appeared 11 times out of 21 times) .

Armed with these facts, the Clinic swung into action by first ensuring that the existing legal relationship was amicably terminated. A new lawyer, Emeka Okorafor (Esq.), was engaged to handle the matter. He brought his zeal and dexterity into the matter and ensured that the case file was transferred to the Isiukwuato High Court .In 2010, the accused was arraigned before the Court. The Clinic provided logistics for his(the detainee’s) movement.

The breakthrough in the case occurred when on 4^th May 2012, the State Counsel brought an application to withdraw the matter .after hearing the motion the Court adjourned to the 11^th May 2012 on which His Lordship granted the withdrawal application.