Tuesday, May 8, 2012

ABSU LAW CLINIC CONDUCTS PRISON VISIT WORKSHOP FOR THE CLINIC YEAR.


It is an aphorism that he who wants to wield a sword must first learn it. In the battle to provide justice to indigent members of society, lawyers are cavaliers, armed with swords of legal dexterity. As future lawyers, law students must of necessity sharpen their wits to succeed in opening doors to justice for the less privileged. ABSU Law Clinic has over the years proven to be the crucible wherein such desired skills are produced. One of the many services provided by the law clinic is the prison services in which student clinicians under a qualified lawyer visit prisons and provide legal aid to eligible prison inmates. To achieve success in this regard, annual prison services’ orientations cum workshops are organized, and this year’s edition on April 7, 2012, proved to be nonetheless information-packed. It was captioned: “Enhancing Access to Justice.”

The program featured presentations that answered some questions arising in the minds of student clinicians:
What Human Rights are violated in and out of the Prisons?

The discourse by Barr. Mrs. Nwokocha, the South-East Coordinator of the National Human Rights Commission (NHRC), provided answer to this question. Starting with a brief history of the NHRC – founded in 1995 by the federal government with the sole aim of protecting and promoting human rights – she proceeded to explain the interrelation of human rights. At this point, she identified two constitutional rights denied prison inmates, namely, liberty and movement; others, as she explained, are guaranteed and they include; the right to life, which, as she argued, is being breached by a death sentence; the right to dignity of human person, denied people, as she explained, by the tortuous, barbaric nature of police arrests; the right to personal liberty which she explained has been diseased by the awaiting trial syndrome; the right to fair hearing; etc. Among other things, she called for increased cooperation between ABSU Law clinic and the NHRC and advised that human rights complaints should be referred to:The Executive Secretary, NHRC, 19 Aguiyi-Ironsi Street, Maitama, Abuja.
Ethics and Rules Guiding Prison Visits: Prison Authorities and relationship with Students

Given the current security condition in the country, it becomes a challenge to meet the burning desire of clinicians to bring hope to the hopeless awaiting-trial-inmates with the need to ensure security in the prisons. Barr. E.N. Njoku, the representative of the Abia State Comptroller of Prisons, in his talk highlighted what can be done to overcome this challenge. Considering the increased awareness of prison detainees through academic programmes available to them and the innovations in technology which can lead to smuggling in of prohibited articles or uncensored information, security has been beefed up in the prisons. However, the student-clinicians’ work over the years has helped to tackle the awaiting trial syndrome, thus, depopulating the prisons; therefore, their services are needed. To satisfy all interests, however, student-clinicians must abide by the ethics of prison visits: they must not bring any communication device into the prison; they must be security conscious, reporting any suspicious activity observed to the nearest officer; and they must take care to always follow due process. If these are followed, as he said, continued cooperation between the prison authorities and the clinic would have been ensured.

What Role Does the Office of the Attorney-General Play in facilitating Quick Dispensation of Justice in Our Criminal Justice System?

The Attorney-General (AG) and Commissioner of Justice, Abia State, Barr. Umeh Kalu, represented by the Acting Director, Legal Drafting Department, Ministry of Justice, Abia State, Barr. Isaac Nwachukwu, explained in his lecture that the fulcrum of most judicial services revolve around the AG. However, the issue of holding charge militates against quick dispensation of justice in the Nigerian Criminal Justice System. He explained the whole process using relevant sections in the Abia State Criminal Procedure Edict — Sections 7 – 10: remanding of the accused person(s) by the magistrate, the transfer of the case from the police to the AG’s office, the furnishing of evidence by the Director of Public Prosecutions, and the AG’s proper filing of the information in the Court. The bane of his discourse was that not only the AG, but the police and the court play roles to ensure quick dispensation of justice.

To this end, there must be synergy of these actors in the criminal justice system. The AG only provides leadership and plays his own role well. He is not expected to convert himself to a trial judge or an Investigating Police Officer (IPO). If all actors coordinate their various roles, in the end, quick dispensation of justice will have become a reality.

What is the Street Law Project and What is Its Impact on the Student Lawyer’s Performance?

Barr. Mrs. Chizoba Okpara, a staff of the clinic, provided answers to these questions in her discourse: The Impact of Street Law Project in Our
Society: Steps to Curriculum Building. Street law as highlighted is geared towards bridging the divide between a theoretical definition of the law profession and an operational one. Street law was defined as law in action: a curriculum-based program aimed at making students capable of dealing with live clients, etc. It began in 1972 and has the potential of making these impacts on the student lawyer’s performance: a. Making him a better lawyer; and b. Empowering him with legal writing, problem-solving, and alternative dispute resolution skills. The
Establishment of University law clinics with the various services they provide is an achievement of the street law project.

What Skills are needed for Effective Interview and Counseling in the Prison Visits?

Following a simulation of what is expected of students in a normal prison visit, two 4th year students, another staff of the clinic, Barr. Emeka Okoroafor made comments on skills needed for effective interview and counseling, which is the thrust of prison visits. He underscored the need for the student clinician to create a climate of confidence, abide by the rules of the profession, allow decision-making to be the accuseds, and never to leave the accused person dejected, but with a ray of hope.

Not to be forgotten are the remarks of the immediate past Head of the Clinic, Chioma Nwigwe, whose speech touched more on the ethics of prison visits, the need for objectivity on the part of the clinician, and the need to continue the long-standing healthy relationship between the ABSU Law Clinic and the Prison Authorities.

From the foregoing, it can be easily garnered that the workshop was graced with people the anchor, Ikechukwu Uzoma 500l Barr. Mrs. Nwokocha, the South-East Coordinator of the NHRC, who came with an officer from the NHRC; the Attorney-General (AG) and Commissioner of Justice, Abia State, Barr.
Umeh Kalu, represented by the Acting Director, Legal Drafting Department, Ministry of Justice, Abia State, Barr. Isaac Nwachukwu, Barr. E.N. Njoku, the representative of the Abia State Comptroller of Prisons;
Barr. Okorie Hagler, the Staff Legal Adviser, Faculty of Law, Abia State University, Uturu; and two staff clinicians: Barr. Mrs. Chizoba Okpara and
Barr. Emeka Okoroafor.

In attendance were students — majority of whom were from the 500 and 400 levels, and few seen from the 300 level notable among whom was the current Clinic Head, Seth Azubuike, who ] welcomed all with his passionate opening remarks. The workshop was opened and closed with prayers by Samuel Okwuagwulonu and Onyeka Ibekwe respectively. Finally, a photo session of  clinicians with the guests ended the day.

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