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.

ABSU LAW CLINIC REPRESENTS NIGERIA IN THE LOUIS BROWN AND FOREST MOISTEN INTERNATIONAL CLIENT CONSULTATION COMPETITION IN IRELAND.

History again was made as two 500 Level Law Students of Abia State University in the persons of Azubuike Seth and Ikechukwu Uzoma represented the School, the State and the country in an international competition held in Dublin, Ireland, on the 18th to 21st day of April, 2012.

The students qualified for the International stage of the competition after being crowned champions in the national stage of the Client Interviewing and Counselling Competition, which held on the 9th to the 11th November, 2012, at Augustine Nnamani Law School in Agbani, Enugu state. Thus, success at the national level which was a product of God's grace and the combined efforts both of the staff and the students, bought the school the ticket to represent the country at the international level of the competition.

The Louis Brown and Forest Moistein International Client Consultation Competition is an annual competition, though not so pronounced in Nigeria, it is a world class international competition that attracts International Committees of the world and has been in existence since 1985. Its main purpose is to provide a platform where the best of law students around the world gather to showcase their knowledge and skill in interviewing and counselling.

The students are expected to simulate a law office setting that depicts the typical first-time meeting between a lawyer and a prospective client.  The high level of organisation of the competition is showcased in the criteria for judgement which include how students are expected to elicit the relevant information from the client, exploit with the client his or her preferred outcome, outline the nature of the problem, and present the client with a means or ranges of alternatives for resolving the problem.

The ABSU contingent in the persons of Azubuike Seth, Uzoma Ikechukwu, Ndukwe Victor Osiri, Hart Sam and Barr. Emeka Okorafor (lecturer), left Nigeria on the 17th day of April, 2012, and arrived Dublin, Ireland on the 18th of April, 2012, through a connecting flight from Lagos to Frankfurt (Germany), then to Dublin (Ireland).

The competition began with a Master Class which the team did not participate in due to their late arrival. The Opening Ceremony/Welcome Event took  place immediately after the Master Class. Several speeches were made by the organisers and resource persons to welcome the delegates, in which they stressed the importance of the competition to legal education and practice. Mr. Forest  S. Morsten particularly stressed the fact that couselling skills are essential to success in legal practice and that he was fulfilled that his efforts towards inculcating such skills in young lawyers were yielding great fruits.

The representatives of the various countries were soon recognized and put into groups for participation. It is worthy of note that 24 countries participated in this year's competition and they included United States of America, Jamaica, Northern Ireland, England and Wales, Cambodia, India, China, Indonesia, Canada, Republic of Ireland, Scotland, Germany, Russia, The Netherlands, New Zealand, Puerto Rico, Iran, Australia, Finland, Malaysia, Turkey, Sri Lanka, Sweden and Nigeria (which was the only african country present in the competition).

The competition featured 2 (two) preliminary stages and a semi-final stage before the finals. The preliminary stage had two rounds which were followed by the Semi-final (third stage)and the finals (last stage). Each group had four (4) countries to compete against each other in the first and second rounds of the preliminaries, after which 9 (nine) countries where shortlisted for the semi-final stage. Team Nigeria for the first time after 6 years of participating in the competition, qualified for the semi-finals, with countries like Indonesia, Canada, Republic of Ireland, Scotland, Russia, The Netherlands, Puerto Rico, Iran, Australia, Finland, Malaysia, Turkey, Sri Lanka, Sweden, United States of America and Jamaica eliminated after the first and second stages.

The semi-finals were set as all the teams that qualified for the round exhibited a high level of knowledge and  skill. Team Nigeria was not left behind in this exhibition as it covered all that was expected of it by the judges during the session with the client. But as fate would have it and due to time restraints, we could not make it to the final stage as China, for the first time, qualified for the final stage from our group.

 Alhough we were not able to get to the final stage and win the plaque, the knowledge, the skill and the exposure that ICCC 2012 endowed on us is simply astonishing and requisite for the future. For us (Team Nigeria) Client Consultation Competition is not just a forum where prizes, gifts and sourvenirs can be shared but also a domain where young and future lawyers are trained in the art of interviewing and counselling which is an integral part of the law profession. 

The experience was refreshing as it exposed us to diverse cultures and traditions. The network of friendship created and warm hospitality created by ICCC in Ireland contributed to ensure that ICCC 2012 was a huge success for us all. While praying that the best comes out of our successors, we are hopeful that some day Team Nigeria would be crowned champions of the world at ICCC so that ICCC would be given its due recognition in Nigeria.

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 prisoners, 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.

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.

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

The 28^th day of February 2012 is a date that Ihechi Uwaoma will not forget in his life as what was meant to be a religious function turned into a serious criminal activity as alleged by the police in Uturu, Isiukwuato.

Ihechi Uwaoma, a 400 level Architecture student in the Faculty of Environmental Studies, Abia State University, who was having his prayers in an uncompleted building was arrested and detained within the hours of 7am to 3pm (8hours) on the above date by members of Nigerian Police on patrol in Isiukwuato Police Division on the grounds that he was suspected to be a member of a cult group terrorizing the neighborhood.

The ABSU Law Clinic intervened. During an interview by two law clinicians, Seth Azubuike and Samuel Okwuagwulonu at the police station, Ihechi stated that he decided to go to an uncompleted building beside his lodge to say his prayers since his room was crowded and noisy. , some group of police men accosted him and asked him what he was doing. When he told them he was praying, they asked of his Bible which he couldn’t produce at that point. Subsequently he was taken to the station for more questioning and on their way to the station, he discovered he left a syringe in the short he wore while doing his Architectural modeling the previous night. Being apprehensive of what that could cause, he tried hiding it in the police vehicle and he was caught in the process.

After series of discussions with the police, the President of the Joint Campus Christian Fellowship was invited to come and attest to the character of the student detained; yet the investigating police officer insisted he had to finish his investigations. The clinicians and the (JCCF) President made a call to the Chief Security Officer of Abia state University informing him of the situation at hand and seeking for further directions. Fortunately enough, the Chief Security Officer intervened at the station and Ihechi was released after…hours in detention.

Both the police and the Chief Security Officer commended the skill, zeal and enthusiasm showcased by ABSU Law Clinic and advised Ihechi to be conscious and mindful of his environment to avoid falling victim of such arrest again.

REKINDLED HOPE

After eighteen futile attempts, a detainee finally got the right to be heard before a High Court sitting in Isuikwuato, last December courtesy of the ABSU Law Clinic.

Followers of this blog would have been conversant with the story of a detainee (names withheld), aged 16 at the time of his arrest, who was charged with armed robbery and had been in detention in Umuahia Prisons for five years before the Clinic came into contact with his case. Due to the apparent lack of diligence on the part of his previous lawyer, the Clinic fully took over the case after the amicable termination of the brief of the previous lawyer and the case file handed over to the clinic. The clinic soon swung into action by contacting a lawyer, Barr. Emeka Okoroafor to apply for the case to be struck out.

Unfortunately for the detainee, in spite of the efforts of the Clinic, several factors conspired to deny him the right to be heard in Court. Factors like the lateness of the Prison authorities in bringing him to court, the inability of the Court to sit on some days set for hearing due to public holidays, judicial vacation etc, all ensured that on eighteen different occasions, from the day of his arraignment to the last adjourned date, he had not been able to appear in court.

The dedicated efforts of the Clinic has finally yielded results with the Prosecution finally opening its case hereby ensuring that the detainee exercised his fundamental right to fair hearing, legal representation and access to justice, as recognized and protected by the Constitution of the Federal Republic of Nigeria.

At the last adjourned date, on the 2nd of December 2011, one of the key witnesses for the prosecution and a victim of the alleged offence, openly declared that “he has decided to hand over the matter to God and is no longer interested in litigation” while, the Prosecution Lawyer asked the Judge to give him some time to get further directives from the Office of the Attorney General as to the way forward with the case, raising hopes of a possible withdrawal of the matter at the next adjourned date. The Defence Counsel (contracted by the Clinic) equally addressed the court on the need to facilitate the speedy conclusion of the matter following the deprivation of the fundamental rights of the Detainee for more than 5years now. The matter has been adjourned to the 9^th day of January, 2012.

ABSU Law Clinic, besides providing the services of a lawyer for the detainee, has also been providing the transportation cost of conveying the detainee from the prison to the court on the days of hearing. Our team is also diligently following up every detail and outcome of each court sitting and would update this report to reflect the present state of the trial pending it's determination by the court.

ABSU TO REPRESENT NIGERIA IN N/IRELAND:Brown & Mosten International Client Consultation Competition

It was indeed a highpoint for ABSU Law Clinic, Faculty of Law, Abia State University, Uturu when on 11 December 2011, they were declared the winner of the 7^th National Client Counseling and Interviewing Competition.This means the University will be representing the Nigeria at the 2012 Louis M. Brown and Forrest S. Mosten International Client Consultation Competition at Dublin, Ireland from 18-21 April, 2012.

The University was represented by two final year Law students, namely: Azubuike Seth and Uzoma Ikechukwu in this edition of the competition hosted by the Nigerian Law School, Augustine Nnamani Campus, Agbani, Enugu, from 8 -11 December, 2011.

The competition was organised by the Network of Univerity Legal Aid Institutions, NULAI, Nigeria. This year the number of participating Universities increased from the 15 that featured in the 6^th edition to 19 this time; including new entrants, Madonna University, Imo State University, Nasarawa State University, Olabisi Onabanjo university and Benson Idahosa University who participated for the first time. Judges were selected from various works of life to ensure impartiality and well-rounded decisions. Abia State University emerged the winner beating Ebonyi State University and Nigerian Law School, Enugu Campus in the final round of the competition.

While congratulating the participants, Prof. Ojukwu, the NULAI President pointed that it was only through hard work and adequate training that such victory could be achieved.