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.