PRISON SERVICES CLINIC ORIENTATION WORKSHOP

The ABSU Law Clinic Pre field visit workshop held on 11 and 12 May 2011 to herald the 2011 Prisons Services Clinic session and other outreach programmes. The Workshop held at the Faculty of Law Complex, Abia State University, Uturu with the students actively participating in the organization and the workshop sessions.

The Objectives Pre Field (Prisons) Visit Workshop was:
• To sensitize the students, stakeholders, Faculty and Community on the ABSU Prisons Service Clinic, Street Law and Outreach programmes generally;
• To bring together and elicit the cooperation of all stakeholders for the Prisons Service/Street Law programmes;
• To identity the rules of prison visits, interviews and reporting (for Pre-trial Detainees, Prisons’ Street Law and Prisons Reform and Advocacy Units)
• To train students to understand the nature of Prisons service work, applicable rules and legal instruments;
• To prepare the students adequately to conduct prison visits and interviews at Okigwe, Umuahia and Aba Prisons for purposes of legal aid and or advocacy;
• To identify and list the legal needs of all categories of prisoners;
• To identify the available legal aid facilities presently available to the prisoners;
• To train students to successfully conduct live interviews and be in a position to counsel and render services to the prisoners;
• To train students to prepare lesson plans and to teach citizens’ rights, including Prisoners’ rights.
The Workshop Outcomes were to enable the students:
• Discuss the scope of the Criminal Justice System in Nigeria as it relates to Prisons;
• Explain the scope of applicable Human Rights Instruments in Nigerian Prisons and the work of the Legal Aid Providers in Prisons;
• Explain the rules and ethics of prison visits;
• Identify some guidelines (including the Rules of Professional Conduct and Ethics) for Client Interviewing and Counseling as it relates to pre trial detainees;
• Conduct an effective interview and counseling for a pre trial detainee;
• Conduct an effective group interview in the prisons;
• Prepare lesson plan, and conduct an effective teaching on Prisoners’ and other rights;
• Analyze and find solutions to problems arising from information received from the Pre Trial Interviews.
• To render legal assistance, or refer deserving prisoners for legal aid/assistance

The Workshop had in attendance, The Ag. Dean Faculty of Law M O Unegbu, a Former Dean of the Faculty, Barr P. C. Ugochukwu, Clinic Coordinator Dr Sam Erugo, Clinic Supervisors, Dr E C Ngwakwe, Barr Emeka Ezeogu, Mrs Chizoba Okpara, clinicians and the faculty.

The Prison controllers delivered talks to the students on the Prisons generally and specially on Prisons, prisons’ visit rules and practices, while the NULAI President encouraged the work. One notable outcome of the Workshop was the inclusion of Aba Prisons for the services at the request of the Abia State Controller of Prisons as he commended the project and sought the clinic’s assistance by extending its services to Aba Prisons. The Workshop presentations were interactive.

After the formal closure and departure of the guest speakers, the workshop went into student-sessions and continuing the following day, as the students in their groups, had discussions and seminars to prepare for the visits to the prisons and Community outreach programmes.

Topics presented at the workshop included

• An overview of prison service as a CLE method; aims and objectives-Dr Sam Erugo/DrEze Ngwakwe
• The Police, the Prisons and the Courts under the Nigerian Criminal Justice system: Nwankwo C. K.
• Role of Prisons in the administration of justice; the rules and ethics of Prison visits by Barr Njoku
• The Role of the Courts in the Administration of Justice-Mrs C Okoroji Chief Magistrate Imo State Judiciary

The Coordinator, Dr Erugo used the occasion of the workshop to announce the division of the Clinic prisons work into four units to make for efficiency and specialization, to wit:

i. Pre-Trial Detainees Unit
ii. Prisons’ Street Law Unit
iii. Prisons’ Reform and Advocacy Unit
iv. Vulnerable Prisoners’ Unit
Accordingly the Students for this year’s prison service were divided into the said units. The facilitators for the groups are:
i. Prisons’ Street Law Unit-Facilitators-Mr. C.K. Nwankwo/Dr. Erugo
ii. Pre-Trial Detainees Unit-Facilitators-Mr. Emeka Ezeogu/Dr Innocent Okoronye
iii. Prisons’ Reform and Advocacy Unit-Facilitator-Mr. Emeka Okoroafor/Dr. Eze Ngwakwe
iv. Vulnerable Prisoners’ Unit-Facilitators-Mrs. Chizoba Okpara/Dr. Sam Erugo
There were also student-groups Role Play on Interviewing Pre-Trial Detainees, group interviews, teaching practices etc.

HOPE AFTER EIGHT YEARS

After eight good years of excessive and arbitrary detention without trial, hope appears to be on the horizon for one of the clients of ABSU Law Clinic who is set to be released on bail next week. We had earlier reported in previous blog posts about one Chinedu who has been in custody for eight years, after being arrested by the police, detained, arraigned before an Ideato South Magistrate Court on the charge of conspiracy to commit armed robbery and subsequently remanded in Okigwe Prisons since December, 2003.
Since then, Chinedu has been wallowing in detention, has not be formally charged before a High Court that has jurisdiction to try the charge and in the process, has apparently suffered loss of job and education opportunities, in addition to being exposed to disease, physical and psychological damage. To compound his woes, his family had no knowledge of his whereabouts since his arrest and he had lost all contacts with them.
Follow up visits to Ideato South carried by a team of clinicians comprising Chioma Nwigwe, Bethel Godfrey and Fred Ben revealed that his family indeed really had no knowledge of his whereabouts, his aged father, the breadwinner of the family, was no longer able to walk properly due to old age and was thus not able to earn an income any longer. He was however excited to hear about the whereabouts of his son whom he had presumed dead and assured the Clinic of his cooperation in every area he was needed.
The Clinic decided to take up the matter and secured a Lawyer to handle the matter on her behalf on pro bono basis. The first step in the process has already been taken to wit obtaining a certified true copy of the record of proceedings to facilitate his bail application which all things being equal will be filled at the High Court on Monday.
In a related development, the Clinic has continued in the slow but steady march towards securing the acquittal of one of her clients charged with armed robbery. We had also earlier reported about Chibu, as he will be simply referred to, who was charged with armed robbery, arrested at the age of seventeen as had been in detention for five years.
The Clinic has fully taken over the case after the amicable termination of the brief of the previous lawyer handling the matter, as the case file had been handed by the family to the clinic. The clinic has already contacted a lawyer who has applied for the case to be struck out at the Isuikwuato High Court.

MORE PRISONERS RELEASED BY ABSU LAW CLINIC

UP!Some of our pictures from the Prisons-

The ABSU Law Clinic work has continued to yield further fruits with the release of two prisoners from Aba and Okigwe prisons this week. The prisoners, in this report are simply referred to as Mr. CA and Mr. CO (for confidentiality purposes), were released on 4/4/2011 and 6/4/2011 respectively. Reports from the Clinic Units at Aba and Okigwe indicate they have since rejoined their families.

We reported last week that the Clinic embarked on a visit to Aba prisons where about twenty prisoners were interviewed. Following that, the student-clinicians proceeded to the courts where the cases were pending, located the case files and obtained relevant information to aid the work, e.g. the charge sheet, fact of legal representation, the stage of the case, etc.

The Clinic identified the subject two cases therefrom and moved to secure their immediate release. On 30th March, CA’s case was called up and the Clinic engaged the services of O.O. Anya Esq who successfully applied and got his bail conditions reviewed. On Monday April 4, 2011 he was released from prison after the new bail conditions were perfected.


The Clinic also secured an order for the release on bail of another prisoner, Mr. U. However as at the time of this report, his brother, David who happens to be a painter was unable to fulfill the condition especially as regarding three years tax clearance required by the court. He was then asked to get another relation of theirs who can satisfy the said condition while the Clinic is considering an application for the variation of the bail terms to enable the family fulfill same. The Clinic team for Aba includes Kalu Nnamdi Collins 500L, Mrs. Peace Ogbonna 500L and Emeh Cyril 400L, and they have been working under the supervision of Mr. C.K Nwankwo. Kudos to the team.

For Mr. CO, his case is a little unique. In the course of a follow up visit to the prison, the prison authorities informed us of a young man who was convicted for stealing yam and sentenced to one year imprisonment with an option of a fine of N2,000. Inquiries from the prison Welfare office revealed that, not only was he a first offender, but was truly repentant and had been of good behaviour. The Welfare Officer also informed us that there were chances of his becoming a hardened criminal if allowed to mingle with fellow convicts. The Clinic thus took the decision to assist the young man with the payment of the fine, after the Welfare office promised to conduct a counseling session for him before his discharge from the prison.
On Monday March 28th, the clinic went to Urualla Magistrate Court where we were able to pay the fine and fill the release order and he was released today April 6, 2011.The team for this work comprised of Chioma Nwigwe 500L and Nwagboso Chikezie 400L. Kudos.


Meanwhile, an application for the striking out of the armed robbery charge against Mr. Chib currently ongoing at the Isuikwuato High Court is expected to be filed before the end of the week as the clinic has secured a lawyer to represent him. His parents are scheduled to visit the Clinic this week to express their gratitude over the Clinic’s assistance thus far. A similar application is also expected to be moved this week for Mr. Chined who has been in custody for eight years. A visit to the Magistrate Court today confirmed there is not case file for his case. The case file is said to be part of those destroyed during a fire inferno that razed the court building some years ago.It is expected that a single application may be enough to secure the dismissal of the case.

TAKING JUSTICE TO THOSE IN NEED

It was another rewarding week of work at the ABSU Law Clinic as the task force continued to work round the clock to ensure the realization of the mandate set for it.

Reports from Aba Prisons indicate that barring any unforeseen circumstances, two clients of the Clinic would be released from that Prison on Monday, April 4, 2011.

For the first prisoner, Chris, the clinic visited Chief Magistrate Court 2, Aba South on 30 March, 2011 and fortunately the matter was called up. The Clinic engaged the services of O. O. Anya, Esq. who successfully applied and got Chris' bail conditions reviewed. We also met with the Chief Magistrate in Chambers and discussed our mission. Today, the Clinic ensured that all the bail conditions were satisfied, save for the police to verify the address for the surety. That would be done on Monday and he would be released.

There is also the case of UK, another client of the Clinic: UK’s brother has undertaken to fulfill all the bail conditions on Monday and hopefully UK would join Chris to regain their freedom on Monday courtesy of the Clinic. UK’s case is in Chief Magistrate Court 1 also in Aba South. That would entail a slight extension of the deadline of the task force, but one which is reasonably proper in the circumstance, you’ll agree. The Aba Prisons task force team is led by Kalu Nnamdi Collins under the supervision of Barr C. K. Nwankwo.

In Okigwe, the Clinic during the week held a fruitful meeting with the DPP Okigwe with a view to securing the striking out of  charges against some of the prisoners who had spent unduly long periods in detention. One of the cases discussed was that which had earlier taken our clinicians to Ideato South in Imo State. to source the attention of relations of the prisoner. After a futile search for the case file in the office of the DPP, it was discovered that eight years after his remand, the case file had yet to be transferred to the DPP, and so there was no information filed against the accused person. It was mutually agreed by both parties that an application for bail be immediately made to the court on his behalf. This would be done next week.

Another pathetic case is that of the couple arrested on the charge of arson for allegedly burning down their own family house, an occurrence which they insist was an accident. The Magistrate in charge of the case has agreed to vary the hitherto stringent condition for bail, while the family has been contacted to arrange to fulfill the bail terms. The Clinic had earlier invited the family all the way from Mbaise, Imo State in an emotion-laden visit to Okigwe prison, the first since the incarceration of the couple.

And in Umuahia prison, it was indeed the case of taking justice to the needy. The clinic took several steps forward towards securing the dismissal and acquittal of the case of a young boy who for reasons of confidentiality would simply be referred to as Chibu. He has been in detention for the past five years on the charge of armed robbery. He insists on his innocence and claimed to have been arrested at the age of seventeen which is what attracted the attention of the clinic to his case. The clinic could not do much for him however due to the seven months inactivity following the strike action. During a follow up visit to the prison on Friday, March 25, 2011 we realized he was still in detention, but since the last visit his mother was able to secure the services of a lawyer to represent him.

That should have ended it, but according to him, the lawyer is not diligent, hardly shows up for his case, is an old man and frequently complains about his health. His mother is seriously regretting paying him. The State Counsel admits not knowing where the case file is, and the Judge expressed his anger at the Lawyer for apparently not doing enough to apply for the case to be struck out for want of diligent prosecution. We explained to him the ethical implications of changing counsel and all, but promised to be in Court (Isuikwuato High Court)1st April when his case would be called up again to make observations and if he was correct, possibly meet with the mother and arrange for a lawyer to apply for his case to be struck out. At his request, the clinic also paid little money into his accounts with Prisons authorities to enable him meet his court appointment on 1st April.

The clinic fulfilled her commitments by attending the court sitting and true to the reports, neither the lawyer nor the state counsel were in court, and so his matter was mentioned but adjourned yet again. The court clerk and registrar warmed up to us when we approached to make enquiries about his case. The case file as shown to us confirmed that out of thirteen times that the case was called up, the lawyer had appeared only three times. We were informed outright that he doesn’t come for the case except when he is in court on another matter and the case is called up. Unfortunately, the mother was not in court, and so we had to take the long and dust filled bike ride to Ozara in Isuikwuato LGA to meet her. The meeting went well and they confirmed paying 60% of the lawyer’s fees and so couldn’t comprehend his actions. We discussed the possibility of the clinic taking over the case, but made it clear that in line with the ethics of the legal profession, they had the duty to inform the lawyer first of their intention to terminate his brief. The Clinic has already contacted a lawyer who has agreed to apply for the case to be struck out.There are three other cases nearing completion in Umuahia.

Meanwhile the activities of the general clinic for the new session would commence soonest.

FLURRY OF ACTIVITIES AT ABSU LAW CLINIC AS WEEK ONE OF THE TASK FORCE ENDS

There was a flurry of activities at the ABSU Law clinic as the first week came to an end since the setting up of the task force by the Clinic Coordinator, Dr. Sam Erugo.

At the Okigwe Prisons, activities continued in earnest towards the realization of the objective of securing the release of some indigent prisoners deserving freedom. It would be recalled that several lawyers had been contacted to help file necessary applications on behalf of the Clinic for the indigent prisoners in deserving cases.

In the course of the week, the Clinicians also embarked on follow up visits to the families of the inmates to make arrangements for their bail applications. Such trip took the students to the remotest parts of Imo and Abia State. The most interesting of such trips was that of Ideato South Local Government embarked upon by Chioma Nwigwe, Bethel Ugochukwu Godfrey and Kalu Fred Ben. The inmate had made no contact with his aged father since his arrest in 2003, and in the course of the interview session, it was clear there was some underlying family feud that accounted for his long period in detention. After making the long trip to Ideato, the Clinic unfortunately met with the Step mother of the prisoner who did everything to frustrate the efforts of the clinic to meet the father. Fortunately however, we were lucky to meet some children in the compound who eventually gave us his phone no. The clinic thus succeeded in intimating him of the where about of his son after eight years, and arrange for further contact with him.

Another visit to Uruala almost yielded another release on Thursday, but the Magistrate Court where the case is being tried adjourned to Monday. Barring any further twist in the case, it would be release number two in as many weeks.

In Aba, the situation is even more promising. The task force team which is being coordinated by Barr C. K. Nwankwo, this week visited the Aba Prisons which appeared to have been neglected following the strike actions that hampered the clinic activities. In the course of the visit, more than twenty prisoners were interviewed by the Clinicians. Following that, the students also embarked on visits to the courts where the case files of the prisoners are located.

Meanwhile more high profile lawyers have continued to identify with the efforts of the Clinic towards taking justice to the indigent awaiting trial prisoners. On Thursday, two Clinicians Orji Agwu Uka and Uzoma Ikechukwu Chibuike on behalf of the Clinic sought and secured the services of a Senior Advocate of Nigeria, Obiorah Obianwu of Utoko & Nwokedi Chambers, 78 Pound Road Aba to do pro bono cases on behalf of the clinic. And in a related development, an Aba High Court Judge, Hon Justice O. A. Otisi praised the ABSU Law Clinic for the good work it was doing in providing free legal services for the indigent. Justice Otisi was speaking while paying host to students of the Clinic who paid her a visit on Thursday. She expressed delight that at a time when the general impression was that youths spent their times on frivolities, cultism and other social vices, the Law Clinic kept youths purposefully employed and busy doing such community service. She also had some words of praise for NULAI and the students of the Clinic. Justice Otisi incidentally is a former lecturer in the Faculty of Law, Abia State University.

The activities for the week were rounded off in Umuahia, Friday when about fifteen Clinicians paid follow up visits to the Umuahia Prisons in furtherance of the efforts to secure the release of those illegally and unlawfully detained there. The initial visits were carried out in July 2010 where about fifty persons were interviewed. During the visit today, twenty one of such persons were visited and further information were obtained from them. All is thus set for the last week of the Task force where the work would hopefully be finalized.

ABSU LAW CLINIC RECORDS FIRST RELEASE FOR THE SESSION

Fortune smiled the way of one of the prisoners whose case was being handled by the ABSU Law Clinic as the clinic secured his release today. He is Mr. S, a 28 years old bus driver and a native of U. in Ikeduru, Imo State.

This happened today 23 March,  2011 during the occasion of the 2011 jail delivery exercise undertaken by the Chief Judge of Imo State, Justice Benjamin Ahanonu Njemanze. This exercise coincided with one of the Clinic's repeat visit and the Clinic team quickly joined the jail delivery team for the benefit of its clients.

Mr. S. was arrested following an accident which took place in November 2008 and arraigned before a Magistrate Court in Mbano in December 2008 on the charge of occasioning grievous harm contrary to Section 332 of the Criminal Code.

The Clinic came into contact with the case on January 4, 2010 during a prison visit to Okigwe Prison. The interview then was conducted by Anaba Adaeze Deborah and recently reviewed for further action by Orji Favour Adaeze.

The Clinic, in the absence of a legal practitioner to appear on behalf of the inmate immediately contacted the Legal Aid Council Coordinator for that purpose and at the end of the day, the Chief Judge ordered his immediate release.

The clinic also provided funding to ensure his transportation back home, reunite with his family and also take care of some immediate needs.

Mr. S. was thus the first person to be released through the ABSU Law Clinic’s activities for the 2009/2010 Session and hopefully would signal more of such before the end of the month.

The Clinicians who took part in this ground breaking exercise were

Chioma Nwigwe 500 Level

Oziogu Izuchukwu 500 Level

Oyidiya Torti 500 Level

Uma Ezinne Okechukwu 500 Level

Ugo Ndidi Bernard 400 Level

Uzoma Ikechukwu Chibuike 400 Level

The Clinic also used the opportunity to establish contacts with the Chief Judge of Imo State, Director of Public Prosecutions and the Legal Aid Council of Nigeria, Imo State Branch. Appointments were immediately arranged with these persons in anticipation of further action.

ABSU LAW CLINIC ENLISTS THE PRO BONO SERVICES OF FORMER NBA CHAIRMAN TO RELEASE PRISONERS

The ABSU Law Clinic on Monday March 22, 2011 enlisted the partnership (pro bono) of an Owerri-based Senior Lawyer and  former Chairman of NBA Owerri Branch, Barr N.B.E. Nwigwe in a deal to effect the release of several indigent prisoners illegally and wrongfully detained at Okigwe Prisons. This is part of the session's Prisons Services Clinic, and in fulfillment of the mandate given to the Clinic's Task force set up to clear the backlog of its indigent clients in prison requiring legal assistance to regain their freedom. It will be recalled that the Clinic had interviewed several such Prisoners at the beginning of the session, identified those in need of legal assistance, and has been pursuing releases.

In a short, but rewarding meeting held in Owerri today, Barr Nwigwe, the Principal Partner of Nwigwe & Uchegbu Chambers indicated interest in providing Lawyers in his Chambers to do some of the cases on behalf of the Clinic on pro bono basis. He also left some useful advice for the clinic on how best to achieve the objectives of the clinic, having personally conducted several pro bono cases during his spell as NBA Chairman, including conducting personal visits to the families/blood relations of the prisoners to ascertain the reason why they were abandoned, and to stand sureties in the event of possible applications for bail so that we do not end up embarking on exercises that would end in futility. He also advocated dexterity in carrying out the visits to the communities as such had the potentials of turning hostile.

Logistics on how to prosecute the cases were also agreed upon on the terms that the clinic would provide token transportation for the lawyers engaged in the cases. Subsequent meetings have been scheduled to iron out further logistics for the project.

Several other lawyers have also been contacted for the purpose.

The visit was carried out by Orji A. Uka and Azubuike Seth of the ABSU Law Clinic.