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.

ABSU SECURES THE RELEASE OF TWIN BROTHERS AFTER 12 MONTHS

Charles and Sunday are natives of Ibinanta in Igbere LGA who had devoted themselves to ensuring the security of their village. After working with their village chief security for 12 months without pay, they reported him to their community of elders. He was reprimanded and compelled to pay the sum.

The man feeling disrespected by this, set the boys up, alleging they had robbed and shot him. The young men turned themselves in to the police upon hearing this. They were immediately charged to Igbere magistrate court. The police after investigation realized it was all false. The boys applied for bail which the prosecution did not oppose. They were however unable to fulfill the bail conditions when granted. Their lawyer had given up on them since they could not afford his pay.

Two clinicians Ekeoma James and Onwubiko Chika during a prison visit interviewed them and discovered they had been in prison for over twelve months. The lawyer was immediately contacted and the clinic offered to pay his bills. The Clinic went further to contact the boys’ family and together they were able to fulfill the bail conditions. The boys were released, while the clinic is continues work on getting the case dismissed.

TRIAL FOR MR B

On the 4^th of August 2011, Abia State University Law Clinic conducted a follow up visit to Okigwe prisons. One of the cases followed up was that of Mr. B, an indigent young man who was charged with armed robbery at magistrate court, Okigwe in July 2009. The magistrate remanded him pending the DPP’s recommendation which was to have been filed within 21 days.

The clinic decided to help the young man through three clinicians namely Bethel Godfrey, Adiele Promise and Ukanze Chukwunonso. They obtained the charge sheet and the certified true copy of the last court proceeding from the magistrate court. At the DPP’s office, they were received warmly and introduced to the state counsel in charge of the matter. With the DPP’s help, the case file was located and the DPP gave his opinion. Information has now been filed in the high court and the state will proceed to prosecute the young man as is his constitutional right.

A CRY FOR HELP

This story may sound unbelievable; but it is a true report of a case currently being handled by ABSU Law Clinic. The first interview was conducted by Ezinne Umozuruike, a 500l clinician. On the 22^nd of December 2011, Miss A paid a visit to her elder but was informed she had moved out. Some days later, the police came to Miss A's house looking for her sister whom they suspected was connected with the trafficking of a 4 year old boy. Miss A told them she had no idea of her sister's whereabout. They invited her to the police station for questioning. On getting there, Miss A was detained and told she would be released only when her sister was arrested which never happened. She was later granted bail but when her father came to take her on bail on the 27^th of March 2011, he too was detained.

They were both charged to the Magistrate Court at Umuahia for child trafficking and though pregnant, she was remanded at Umuahia prisons on the 30^th of March 2011 along with her 62 year old father. They got a lawyer but were unable to pay his legal fees, so he withdrew from the matter. Miss A gave birth prematurely to a set of twins at the Prisons. The Clinic (represented by Chioma Nwigwe and Ezinne Umozuruike) contacted the family and lawyer. Necessary documents were also obtained by the Clinic and application for bail  filed at the High Court. The application was denied despite medical reports from doctors showing the new born twins and mother could die if not provided with adequate medical attention unavailable at the prisons.

The Clinic has just contacted the Ministry of Justice, Ministry Of Women Affairs and FIDA to come to the aid of this young woman and her twins before it is too late.

ABSU LAW CLINIC SECURES RELEASE OF 2 CHILDREN DETAINED AT OKIGWE PRISONS

The ABSU Law Clinic worked with Barr. Okpalaeke in the release, on 3 August 2011, of two 16-year old boys remanded at the Okigwe Prison.They had been charged for conspiracy to commit kidnapping.

The boys were identified during an interview session by Ogochukwu Oye, a 500l Clinician during the last Prisons visit. It was discovered that the boys had been terribly tortured by the Police into signing a statement misrepresenting they were 18 years and were thus charged to Court as adults. Their parents were unaware of this mistake, and they had no legal representation in court. Bail was denied by the Magistrate.

The Clinic was instantly drawn to the matter and contacted the family while seeking the assistance of  Barr. Okpalaeke. It was discovered that the case actually stemmed from a minor family dispute. The clinic’s persistence and negotiation eventually paid off when the family resolved the dispute. The Clinic followed up and the charge was withdrawn from the Magistrate Court on 3 August 2011 on the condition that the boys should sign an undertaking to be of good behavior. 

The families were extremely happy to have their children back and expressed their gratitude to the Clinic  team comprising  Chioma Nwigwe and  Ogochukwu Oye who had followed the case and present at Uruala Court on the day of freedom for the helpless boys. One of the detained persons, Mr. C. declared his resolve to become a lawyer someday and help other persons regain their freedom.

ABSU LAW CLINIC TEAMS UP WITH NBA ON HUMAN RIGHTS CAMPAIGN

On 29 July 2011, the ABSU Law Clinic participated in a human rights campaign at Girl’s Secondary Commercial, Asa Road, Aba, Abia State. The campaign was organized by a Human Rights Committee of the Nigerian Bar Association, Aba Branch, coordinated by Mrs. Ichie. The Clinic Community Outreach team was led by Ginika Okoroafor and Peace Ogbonna. The campaign was geared towards the sensitization of college students on their civil and political rights as enshrined in chapter four of the constitution and the various enforcement mechanisms available to them upon abuse of these rights. The event was a huge success.

The staff and students were intrigued by the information about human rights and had a lot of questions for both Mrs. Ichie and the Clinicians. At the end of the exercise, the Principal of the School, Dr. (Mrs.) Gina Onochie hosted the campaigners in her office and commended both the NBA and the Clinic for their time and effort at community service.