ABSU LAW CLINIC AND THE JUVENILE JUSTICE SYSTEM

*ABSU LAW CLINIC AND THE JUVENILE JUSTICE SYSTEM*
The child is young and weak and need special protection. Here, at Absu LawClinic we take the cases of juveniles very seriously. There has been a very serious neglect of the rights of the child in the Judiciary in Nigeria. However, we will tell you of what we've encountered here in Abia State.

The criminal justice system is not fit to meet the special needs of a child and that is what led to the emergence of the Juvenile justice system. Nevertheless, we wonder, if in Nigeria, the system only exists in #print within the limited pages of textbooks.

The rule of confidentiality binds us and courtesy demands that we don't release sensitive information regarding our clients so as not to stir stigma. Notwithstanding, we will tell you his story for it is worth knowing.

We will like you to meet #Undefended. Undefended wasn't born with a silver spoon more less a wooden one. Little wonder he had to join in breadwinning at a really young age alongside his elder brother. At the age of eleven, he had skilfully learnt how to operate a clipper and enrolled as an apprentice in a Barbing Salon. He was fending for himself. However, before Fate could order his steps, the criminal justice system in the state roughened the path. He had just finished cutting the hair of the third customer for the day before he was visited by the Nigerian Police. According to him they inquired into identity of his various customers that day and commented that one of the customers he had worked on some five hours back was an armed robber and part of a notorious gang. The police demanded that undefended should provide them information regarding the location of the suspect claiming that somehow he must be close with him. The young boy who was at the time preparing for his 12th birthday was unable to provide such information. He was undefended, arrested and detained.

The police thereafter deliberately charged him with the offences for which the suspect was being sought. As is their usual practice, the matter was instituted in a magistrate court which lack jurisdiction to handle such matters. At this stage one would naturally think the Juvenile justice system would emerge from dormancy and regulate the situation.
That never happened.

Undefended was remanded in prison custody to share bed with Adult criminals. This was in 2006.

Undefended reached "voting" age (18) in prison. He also reached the common law age of adulthood (21) as a pre-trial detainee. It is important to note here that the police never took any further move to prosecute the matter through out the entire 11-year period within which Undefended remained incarcerated, in wait of a trial that was never going to happen.

Three days ago, on the 26th of January, 2017,Absu Law Clinic perfected the bail bond of Undefended. He is now to be known as #Defended as we pledge to fight his legal battles for him henceforth.

Notwithstanding, we are perturbed in our spirits. Who is to blame?
*The Juvenile justice system which operates in "ghost mode"?,
*or The Ministry of Justice?,
*or The Nigerian Police Force?,
*or The Prison warders who allowed Undefended to grow without hope.?

Yet, our focus isn't towards who it is to blame.... It remains towards "what more we can do to mitigate this hardship". We are only a group of passionate law students operating within Paralegal limitations. We are Absu Law Clinic.

The clinic is open for all.
At the clinic, we render free legal services to those who cannot afford legal representation. We render services like:
*Legal consultation
*Counseling
*Legal advice
*Legal assistance.

Visit Absu Law Clinic for free at Faculty of Law complex, Absu extension in UMUAHIA. (Along umudike road just after government college).
Official hours feature Mondays to Fridays within 8am to 4pm.
Remember, our services are totally free. What have you got to lose.

Absu LawClinic Releases Maiden

We took a pledge, we made a promise.
To fulfill a responsibility and to uphold a legacy.
Today, we record our first great stride.
Our word is our bond.
Absu Law Clinic breaks a record.
It hasn't been quite long since the new leadership in the clinic took up the mantle. Despite the challenges of several unexpected developments, we still beat injustice to the ribbon.
In barely one week of active prison work and just a day after the High Court of umuahia resumed, we have perfected the bail bond of one of our clients, an inmate in umuahia prisons. As we speak, the middle-aged woman is beside her husband, happily catching up on developments which she missed in time past.
This is our first release this session, and as mothers would put it, she opened our womb. Due to client confidentiality rule, we won't be releasing sensitive details about her but we will tell you her story.
We call her "#Maiden.
In February, 2011, maiden had a quarrel with her neighbor which escalated into a physical combat. Her neighbor did not get the best of the fight and promised to deal with her. A week later, maiden was visited by Policemen and prevented from cooking the evening meal for her family as she normally did. That was the last she saw of home till today. Maiden was arrested and immediately charged with stealing. From our interview with her, maiden really can't recall the thing she was accused of stealing.
Without legal representation and/or money to settle with the police, maiden was thus remanded in prison custody in the same week in February, 2011.
The police neither went further with the case nor was she arraigned again before any other court until Absu Law Clinic met her. Next month, February 2017, would have made her stay in prison a total of 6 years.
Legally, the crime of stealing as punishable under section 390 of the Criminal Code Act Cap.39, LFN 2004, warrants an imprisonment sentence not exceeding 7 years in general circumstances.
However, this provision only applies to Convicts but Maiden is not and had never been a convict yet she had concluded about 90% of a jail sentence that was never declared against her.
It is true then, that which was said by Stanley Ibe - "Don't get arrested in Nigeria".
We are glad to have lent a hand to "Maiden" to mitigate the injustice that was being done to her. Maiden graciously thanks Absu Law Clinic and we appreciate her too.
Special recognition goes to Chinonyerem Echibuogu,
Nwankwo Alex Chisom,
Nwariaku prince, and
Ukwuoma Christopher who specially worked on the case after the clinic found keen interest in it.

The clinic is open for all.
At the clinic, we render free legal services to those who cannot afford legal representation. We render services like:
*Legal consultation
*Counseling
*Legal advice
*Legal assistance.

Visit Absu Law Clinic for free at Faculty of Law complex, Absu extension in UMUAHIA. (Along umudike road just after government college).
Official hours feature Mondays to Fridays within 8am to 4pm.
Remember, our services are totally free. What have you got to lose.

On the 23rd of November 2016 the mantle of leadership of the Absu LawClinic was handed over to the present 500Level Lawclinicians. Our Staff Legal Advicer who is also one of the Staff clinic Co-ordinatator in the person of Barr.Emeka Okorafor conducted an election for the post of the clinic head and assistant which is the first of its kind in Absu LawClinic. Echibuogu Chinoye Evans emerged as the New Clinic Head of the 2016/2017 academic year. She was elected due to her hard work and relentless selfless service to the clinic and the public at large. Nwankwo Alex Chisom in the same vain was elected to assist the new clinic head because of his hard work to insure that the clinic moves forward. Forthwith various heads of depertments where appointed by clinic head and her assistant.
Umuahia prisons - Nwariaku prince
Okigwe prisons - ugonwanyi ahaiwe
Aba prisons - Achor Christopher
Street law - Obodoechi Brenda
File management - Ananaba Grace
Correspondence - Onunwor Chituru
ICT - Obioma Chikwendu
Treasurer - Odeh Regina
Secretary - Adindu Karen.
This appointment was done based on hard work and selfless service to the clinic work.
That same day the examination/induction of new members of clinic (Junior Clinicians) was performed. Being a Lawclinician entails strict rigorous process to be able to get the right persons for the job. The 400Level Law Students where put to a very strict test/interview. Only 30 of them where able to cross the thick tough hurdle but that doesn't mean that those that did not make it are not welcomed the most important aspect of the clinic is passion to serve humanity for free.

The Absu LawClinic says a very big congratulations to our new clinic Head Echibuogu Chinoye Evans and her able Assistant Nwankwo Alex Chisom and all the verious Heads of departments and the newly selected junior Clinicians.
We are also saying a very big thank you to our amiable Dean Faculty of Law Abia State University Pof.Sam Erugo, to our staff Legal Advicer Barr.Emeka Okorafor and also our Clinic Co-ordinatator Barr.Ewerem. Most especially we thank God almighty for the Grace to work towards the service of humanity.

On the 23rd of November 2016 the Absu Absu LawClinic held its first seminar after the relocation of Abia State University Faculty of Law to its permanent site located at P.M.B 7010 Ikot-ekpene Road Umudike, Umuahia. still battling with the relocation of its faculty organised a seminar on: FEMALE GENITAL  MUTILATION.
A resource person who is well grounded in this filed was invited to come and enlightening us about what FGM is all about. he is no other person than MR RAYMOND UKWA.
RAYMOND UKWA is well trained and grounded in what he does he has attended so many workshops and seminars on FGM. He is currently the chief consultant for TECH GLOBAL PET, SOCIAL CHANGE ADVOCATE FOR FGM UNICEF NIGERIA, AMBASSADOR AT THE GIRL GENERATION, EXECUTIVE DIRECTOR AND CHEIF STRATEGY CONSULTANT AT DEPEC GLOBAL RESOURCES, GIRL GENERATION BRAND AMBASSADOR, NATIONAL DIRECTOR OF PROJECTS NIGERIAN AT INTERNATIONAL YOUTH COUNCIL.
In his speech gave us a clear definition of "FEMALE GENITAL MUTILATION". FGM is any partial removal or total removal of the external female genital or any other injury of the female genital organs for non medical reasons (WHO 1997).
In his speech he explained the four different types of FGM.
-TYPE 1:CLITORIDECTOMY: is the partial or total removal of the clitoris, in very rear cases only the prepuce (the fold of skin  surrounding the clitoris).
-TYPE 2: EXCISION: is the partial/removal of the Clitoris and the Labia minora with or without excision of the labia majora (the labia are the lips that surround the vagina).
-TYPE 3: INFIBULATION: This is the narrowing of the vaginal opening through the creation of a covering seal. The seal if formed by cutting and repositioning the inner, or outer labia with or without removal of clitoris.
-TYPE 4: ALL OTHER HARMFUL PROCEDURES FOR NON MEDICAL REASONS.
-FGM is carried out on young girls between infancy and age 15 and occasionally on adult women. In Africa, over 3million girls are estimated to be at risk for FGM  annually, more than 125million girls and women alive today have been cut in the 29countries in Africa and Middle East where FGM is concentrated.
THE SITUATION OF FGM IN NIGERIA:
-Prevalence of girls and woman aged 15-49years who have undergone FGM in Nigeria is 27%.
-Nigeria has the 3rd highest absolute number of girls who have undergone FGM worldwide (after Egypt and Ethiopia).
-19.9million Nigerian women have undergone FGM approximately 16% of the 125million FGM survivors worldwide are Nigerians most prevalent among yoruba women (55%), followed by igbo women (45%).
THE QUESTION IS WHY DO PEOPLE DO THIS?
-To ensure that a woman remains a virgin until marriage
-Most communities believe that if external female genitals are cut off ( the clitoris or labia or both) are unclean.
-It is a right of passage in some counties FGM is the part of the ritual that a lady undergoes to be considered a woman.
-In some countries a girl or a woman is cut in other to be suitable for marriage.
-It is believed that when a woman is mutilated it increases sexual pleasure for the me (this is more prevalent in EGYPT).
HOW DOES FGM AFFECT GIRLS OR WOMANS HEALTH IN THE LONG TERM:
-INFECTION (SUCH AS GENITAL ABSCESS).
-DEPRATION & ANXIETY.
-PAINFUL AND PROLONGED MENSTRUAL PERIODS.
-URINARY PROBLEMS.
-VESICO VAGINAL FISTULA (VVF).
This can happen when the urethra or rectum is damaged during FGM. Fistula causes some many problems including odours and can cause girls and women to become SOCIAL OUTCASTS.
IS FGM AGAINST THE THE LAW?
The Federal law outlawing the practice of FGM in Nigeria.
THE VIOLENCE AGAINST PERSONS (PROHIBITION) ACT (VAPP),2015.
Only 8 States in Nigeria have adopted this Law in there local laws.
ABSU LAWCLINIC JOINS THE WORLD AT LARGE FOR CAMPAIGN AND PROTEST AGAINST FEMALE GENITAL MUTILATION.

China's case update

Update on Chima,'s case,

On the 6th day of July, 2016. Our Student Clinicians left for the scheduled visit to the Nigerian Prisons Umuahia with Chima's relatives, unfortunately, only one of them agreed to turn up: one of his step brothers, so we went in, upon sighting his step brother, Chima was all smiles, but the brother failed to recognise the little boy at first. Until we told him he was Chima.
This was quite shocking but we later came to understand that no one enters Nigerian Prisons and comes out anything close to how he went there. This was the story of the little boy.
Amidst several intercession by the Prison Warders and other concerned prisoners who pleaded with Chima's step brother to invest in the little boy's industry rather than abandon him, one of the prisoners said  "chairman, make i tell u something, for here, na me dey take care of Chima, Chima na d only confirm barber wey we get for here, em dey make shoe, work electronics, d boy strong well well, the only reason why the boy still dey here na say me never comot, if i comot frm ds place i dey come cari ds boy go" (sic).
Although this was exactly not how we want Chima's story to end, going home with another prisoner, but it helped put home our point to the brother on why he needs to see the change and potential in the young lad, and perfect his bail bond rather than abandon him and term him a government property.
He finally agreed to act as surety, on the condition that Chima stays somewhere else  for 2 to 3 months of his release from detention so they can monitor his change sequence and that he can equally try to convince other family members on allowing the little boy back home.

We promised to come up with something and assured him of our interest in Chima's wellbeing. He asked when next we would visit the prison again, we promised to get back to him.

We are still working on the little boys profile, we see a lot of possibilities for this young lad, going forward, and we, at Absulawclinic, wish to be part of his process.

It's our duty to the Community.

AbsuLawClinic

Update on China's case.

On the 29th of June 2016, the AbsuLawClinic team went to Umuekwule in Afugiri Umuahia, to visit the relative of one of our pre trial detainee clients, a 15 years old boy, who has been remanded in Umuahia Prisons, for almost 2years, he has since been granted bail during the jail delivery exercise that took place on the 4th of May 2016.
The reason for our visit was to convince one of his relatives to be his surety.

Our Client, Chima, a 15years old orphan, with no immediate siblings except a step mum, step grandmother, and step brothers. Who see Chima as  an "Abandoned government property".
They insist that Chima is a deviant and should remain in prison custody, they are not willing to sign anything on his behalf, infact he is an abandoned property (sic).
In Chima, however, we see a juvenile delinquent with great potentials and an amazing wealth of talent. The Prison warders spoke so fondly of the little boy, they told us he could do a lot of amazing things including the ability to repair phones, make slippers, and a host of other skills,  that we grew passionate and very interested about his course.
Unfortunately, after much persuasion on our part, the relatives blatantly refused to see what we see and insisted he should remain in prison custody even after we explained that he hasn't been charged to the High Court nor at worst convicted, he is still awaiting trial for the offence of conspiracy to commit armed robbery
We succeeded nevertheless, to convince them to agree to atleast come and see the little boy in prison for the very first time since be was remanded. This agreed visit is scheduled to be done together with our student clinicians on the 6th of July, 2016, at the Umuahia Prisons, where our client is been remanded.

We do not plan to stop here, we are presently working on a profile on Chima's case to as much as we can use his story as a test case scenario to draw attention to similar cases deserving attention in Umuahia Prisons in particular and Nigerian Prisons in general.
In this regard we plan to partner with some notable N.G.O's,  Child Protection Networks and ultimately, get the attention and intervention of our parent body Nulai Nigeria,

Our Stand- Chima has no business being in prison custody as a juvenile.

Chima is an orphan left to die and ravish in prison by the relatives due to they say he is a "deviant"

Assuming without conceding their position is correct, our client remaining in prison can never be a solution. Chima needs a real guardian to help mentor and channel his amazing skills positively.

So many great men today in our society passed through this deviant stage, they were never given up on by their parents, sadly Chima has none, we the society must stand up for him.

Its our duty to the community.

AbsuLawClinic

Clinic pays a visit to the DPP

.Re. The Visit to the DPP.
The AbsuLawclinic team on the 24th June 2016 paid an advocacy visit to the office of the Director of Public Prosecution in the Ministry of Justice, Umuahia, Abia State.
  The essence of this visit was to formally make a report of some cases of our clients at the LawClinic with missing case files at the record department of the prisons.
The DPP Miss Onukwube, promised her coperation in the search for the missing case files. She also lamented on the lack of will by the police to forward cases to her office for proper advice, as this has made her record keeping very herrculean. She  however requested that we go back to the prisons and enquire about the name of the prosecutor handling the case, and the court that issued the remand order, as that would make her job easier.
We promised to do this in due time.

As we aim to foster the release of this persons from detention as soon as practicable. These are some of the challenges we, as supplemetary legal aid workers face in the administration of criminal justice system in Nigeria:

Attached is a copy of the stamped letter we wrote to her office  for record purposes.

Its our duty to the community.

AbsuLawClinic