Friday, March 28, 2014

Follow Up Report On Two Pre-Trial Detainees Okafor N. and Ndubuisi R.

On the  28th day of March 2014, four clinicians by name Chioma Okoli, Nwogu Ugochi Igwe, Nkem Okoro and Nwachukwu Christian visited  the High Court at umuahia to secure a hearing date for the cases below:
1). COP V NDUBUISI R. - hearing date (9th April 2014)
2). COP V OKAFOR N. -hearing date (15th May 2014)
We also met with the man that  has agreed to surety for one of our clients Sunday Ibekwe who has already  been granted bail but has not fulfilled the bail condition . One of the challenges we are facing is that there is no contact address in Mr. Sunday Ibekwe's file and that the surety cannot stand in for him if we don't ascertain his address. So we agreed to visit  the prison by next week in order to conduct another interview with Mr. Sunday.

Monday, March 24, 2014

Bail for Sunday Ibekwe in COP v Sunday Ibekwe, High Court 4 ,Umuahia

Case of COP v Sunday Ibekwe, High Court 4 ,Umuahia – 13 March, 2014
The motion for bail filed by the Clinic on 18 February, 2014 in Commissioner of Police v Sunday Ibekwe, was heard on 13 March 2014. A group of Clinicians were at High Court 4 Umuahia to observe  Staff Clinician, Mr. Emeka Okorafor move the motion on behalf of Clinic’s client (Sunday Ibekwe).  Bail was granted by Justice A. U Kalu in the sum of N50,000 with a surety in like sum, with 3 years tax clearance and two(2) clear passport photographs.
Unfortunately, the accused does not have any known relatives. The Clinic is working towards contacting his family to enable process his bail.

Wednesday, March 12, 2014

Proceedings at High Court 5, Umuahia – 11 March, 2014


There was a setback in the application for bail filed on behalf of Ndubuisi Ransom earlier fixed for argument on 11 March 2014. The court refused to take the application because the applicant’s name was not isolated from other defendants in the case of COP v Ihesiulo & 6 Ors. The court expressed willingness to grant the application but advised filing of a fresh application. It was a good learning exercise for our Clinicians who drafted and filed the application. We appreciate pro bono counsel, Emeka for attending to take the brief.

Sunday, March 9, 2014

Week 1, March 2014 -assistance in release of detainee on bail


Week 1, March 2014 -Assistance in Release on bail
Case of NI, Umuahia Prisons
NI, 23, male from Ikeduru, Imo State is a Snacks hawker at Osisioma Park, Aba. He was charged with conspiracy and armed robbery before an Umuahia Magistrates’ Court and has been remanded at the Umuahia Prisons since 15 November, 2012. He had no legal representation. The Clinic attended to him and helped contact his relations for his bail. This was achieved on 3 March 2014 as Clinicians guided his brother in fulfilling the bail conditions. He has since been reunited with his family.

Case of KO, Umuahia Prisons-recommended release on payment of fine


Case of KO, Umuahia Prisons-recommended release on payment of fine
KO, 28, is serving at Umuahia Prisons. He was charged in Charge No. US/103C/2013,before an Umuahia High Court, with Breaking and Entering and Stealing, and sentenced to two years imprisonment with an option of fine of N18, 000. Following a follow up visit, the clinic recommended payment of the fine to secure the release of the prisoner. No approval yet.

ABSU Prison Pre-Trial Detainees Law Clinic: 4-28 February 2014 - Summary of activities


ABSU Prison Pre-Trial Detainees Law Clinic: 4-28 February 2014 - Summary of activities

In the past month-beginning 4 February 2014, the ABSU Law Clinic intensified its Pre-trial detainee’s project with a view to achieving set goals.
During the period student clinicians visited the Umuahia and Okigwe Prisons and offered legal assistance to pre-trial detainees and other prisoner deserving special attention. Over seventy-500 level student–clinicians were involved in the exercise. As in previous projects, the Clinicians in groups of 4 students attended to select pre-trial detainees who had no legal representation and no ascertainable means of engaging lawyers. Some such detainees were recommended by officials. The clinicians interviewed, advised and counselled such clinic-clients, especially on the legal processes respecting individual situations. In the process the clinicians also collected basic information about the precise needs of the detainees to facilitate possible access to justice for them. The visits have been followed-up where necessary. In the continuing follow-up activities, the clinicians contact relations of some detainees, connect deserving ones to partner-pro bono law firms, and obtained relevant documents for their assistance. They have continued to follow up some legal processes to ensure effective legal assistance to the clinic’s clients. More than 40 pre-trial detainees at both the Umuahia and Okigwe Prisons were attended to during the period reported. Some repeat and follow up visits to the Prisons, the courts and law offices were also done. While the officials of the Umuahia Prisons cooperated fully as in the past, there were some new challenges of access at the Okigwe Prisons. The Clinic leadership is working on the challenges.

Some of the impressive cases of the last month include:

Case of FJ, Umuahia Prisons
FJ, 23, male, from Izi, Ebonyi State, was charged with conspiracy and stealing before an Umuahia Magistrates’ Court. He was first remanded on 1/8/2011. He had no legal representation. When the Clinic first attended to him on 12 June 2013, he confessed to having unknowingly bought two stolen gallons of Palm oil, though at a ridiculous price. The Clinic had advised and counselled him on the legal process and on what to do. The clinic had helped in contacting his relations. On a repeat visit to Umuahia Prisons on 12 February 2014, the detainee had been released on bail.

Case of ONU, Okigwe Prisons
ONU, 29, male, is a trader charged with stealing a goat belonging to his uncle. He was arraigned on 4 March 2013, and granted bail in the sum of N5,000. But he had been remanded at the Okigwe Prisons for months. When the Clinic attended to the detainee in June 2013, no relation with reasonable means to secure him on bail could be contacted. He had been advised to negotiate and settle with his uncle to withdraw the matter. Follow up visits to the Okigwe Prisons on 6 and 11 February, 2014 confirmed release of ONU. Unfortunately the records’ keeper could not confirm how his release was achieved.

Bail applications for detainees
The Clinic has procured its pro bono partner law firms to file 6 bail applications for other clients and has obtained dates for hearing of the applications in Court. These are in the:

Case of COP v Ogbonnaya Agwu, Okigwe High Court– 17 April, 2014
Case of COP v  Okoraafor  Uzoigwe & Ors.(application for Okafor Nwaonuma), Umuahia High Court  3– 8 April, 2014 is fixed for bail application(armed Armed Robbery)

Case of COP v Ihesiulo & 6 Ors.(application for Ndubuisi Ransom),Umuahia High Court 5  – 11 March, 2014 is fixed for bail application(case of kidnapping)

Case of COP v Sunday Ibekwe, High Court 4 ,Umuahia – 13 March, 2014 is fixed for bail application (case of  possession of Indian Hemp and obstruction of justice)

Case of COP v Uchechukwu Kingsley, High Court Okigwe – 7 April, 2014(Armed Robbery)
COP v Paul Ilechukwu,  Etiti Magistrates’ court- 25 March  2014 is fixed for bail applicatio(case of rape).

It is noteworthy that the student-clinicians worked to obtain copies of charge sheets and other documents for the preparation of bail applications. They are assisted in drafting relevant affidavits, filed the applications and pressed to secure early date from the court registrars. The experience at the court registrars are quite revealing.