Sunday, March 9, 2014

Week 1, March 2014 -assistance in release of detainee on bail


Week 1, March 2014 -Assistance in Release on bail
Case of NI, Umuahia Prisons
NI, 23, male from Ikeduru, Imo State is a Snacks hawker at Osisioma Park, Aba. He was charged with conspiracy and armed robbery before an Umuahia Magistrates’ Court and has been remanded at the Umuahia Prisons since 15 November, 2012. He had no legal representation. The Clinic attended to him and helped contact his relations for his bail. This was achieved on 3 March 2014 as Clinicians guided his brother in fulfilling the bail conditions. He has since been reunited with his family.

Case of KO, Umuahia Prisons-recommended release on payment of fine


Case of KO, Umuahia Prisons-recommended release on payment of fine
KO, 28, is serving at Umuahia Prisons. He was charged in Charge No. US/103C/2013,before an Umuahia High Court, with Breaking and Entering and Stealing, and sentenced to two years imprisonment with an option of fine of N18, 000. Following a follow up visit, the clinic recommended payment of the fine to secure the release of the prisoner. No approval yet.

ABSU Prison Pre-Trial Detainees Law Clinic: 4-28 February 2014 - Summary of activities


ABSU Prison Pre-Trial Detainees Law Clinic: 4-28 February 2014 - Summary of activities

In the past month-beginning 4 February 2014, the ABSU Law Clinic intensified its Pre-trial detainee’s project with a view to achieving set goals.
During the period student clinicians visited the Umuahia and Okigwe Prisons and offered legal assistance to pre-trial detainees and other prisoner deserving special attention. Over seventy-500 level student–clinicians were involved in the exercise. As in previous projects, the Clinicians in groups of 4 students attended to select pre-trial detainees who had no legal representation and no ascertainable means of engaging lawyers. Some such detainees were recommended by officials. The clinicians interviewed, advised and counselled such clinic-clients, especially on the legal processes respecting individual situations. In the process the clinicians also collected basic information about the precise needs of the detainees to facilitate possible access to justice for them. The visits have been followed-up where necessary. In the continuing follow-up activities, the clinicians contact relations of some detainees, connect deserving ones to partner-pro bono law firms, and obtained relevant documents for their assistance. They have continued to follow up some legal processes to ensure effective legal assistance to the clinic’s clients. More than 40 pre-trial detainees at both the Umuahia and Okigwe Prisons were attended to during the period reported. Some repeat and follow up visits to the Prisons, the courts and law offices were also done. While the officials of the Umuahia Prisons cooperated fully as in the past, there were some new challenges of access at the Okigwe Prisons. The Clinic leadership is working on the challenges.

Some of the impressive cases of the last month include:

Case of FJ, Umuahia Prisons
FJ, 23, male, from Izi, Ebonyi State, was charged with conspiracy and stealing before an Umuahia Magistrates’ Court. He was first remanded on 1/8/2011. He had no legal representation. When the Clinic first attended to him on 12 June 2013, he confessed to having unknowingly bought two stolen gallons of Palm oil, though at a ridiculous price. The Clinic had advised and counselled him on the legal process and on what to do. The clinic had helped in contacting his relations. On a repeat visit to Umuahia Prisons on 12 February 2014, the detainee had been released on bail.

Case of ONU, Okigwe Prisons
ONU, 29, male, is a trader charged with stealing a goat belonging to his uncle. He was arraigned on 4 March 2013, and granted bail in the sum of N5,000. But he had been remanded at the Okigwe Prisons for months. When the Clinic attended to the detainee in June 2013, no relation with reasonable means to secure him on bail could be contacted. He had been advised to negotiate and settle with his uncle to withdraw the matter. Follow up visits to the Okigwe Prisons on 6 and 11 February, 2014 confirmed release of ONU. Unfortunately the records’ keeper could not confirm how his release was achieved.

Bail applications for detainees
The Clinic has procured its pro bono partner law firms to file 6 bail applications for other clients and has obtained dates for hearing of the applications in Court. These are in the:

Case of COP v Ogbonnaya Agwu, Okigwe High Court– 17 April, 2014
Case of COP v  Okoraafor  Uzoigwe & Ors.(application for Okafor Nwaonuma), Umuahia High Court  3– 8 April, 2014 is fixed for bail application(armed Armed Robbery)

Case of COP v Ihesiulo & 6 Ors.(application for Ndubuisi Ransom),Umuahia High Court 5  – 11 March, 2014 is fixed for bail application(case of kidnapping)

Case of COP v Sunday Ibekwe, High Court 4 ,Umuahia – 13 March, 2014 is fixed for bail application (case of  possession of Indian Hemp and obstruction of justice)

Case of COP v Uchechukwu Kingsley, High Court Okigwe – 7 April, 2014(Armed Robbery)
COP v Paul Ilechukwu,  Etiti Magistrates’ court- 25 March  2014 is fixed for bail applicatio(case of rape).

It is noteworthy that the student-clinicians worked to obtain copies of charge sheets and other documents for the preparation of bail applications. They are assisted in drafting relevant affidavits, filed the applications and pressed to secure early date from the court registrars. The experience at the court registrars are quite revealing.

Monday, March 3, 2014

Apologies for the failure of this blog in the past weeks: We are back! ABSU Prison Pre-Trial Detainees Law Clinic is working-the report soon

Sincere apologies to our followers for the failure of this blog in the past few weeks. The technical problems have been resolved, and we are back. While the technical hitches lasted, our Clinicians have been working. Watch out for a detailed report of our activities in the past month.


Wednesday, June 12, 2013

ABSU LAW CLINIC EMBARKS ON PRISON VISIT. The ABSU Law Clinic with the mandate to provide access to justice for the indigent members of the society did indeed embark on the Prison visit scheduled for the 11th and 12th day of June, 2013 and we recorded a successful visit though beset with obstacles. The students were divided into groups for the different Prisons. Okigwe had two (2) different groups of about 20persons and a group visited on 11th while the other group visited today being the 12th. They had access to the inmates and obtained information to enable the Clinic take steps to avail them of justice. The group for Umuahia encountered minor difficulties as they were not able to interview the inmates on 11th but were asked to return the next day being the 12th which they did. The visit culminated in their obtaining information from inmates and gathering data relevant to take further steps to avail the inmates of access to justice. The group for Aba Prisons visited the Prisons in aba, though we were received, we were adamantly refused access to the inmates, this the Clinic was informed was as a result of our inability to effect any release since the inception of our visits and we were informed alternatively to send questionnaires if we needed any information. A detailed report will be subsequently made available.

Friday, June 7, 2013

ABSU LAW CLINIC SCHEDULES ITS PRISON VISIT. In its quest to enhance and provide access to justice for indigent members of the society, the Clinic has scheduled its Prison visit for the 11th and 12th of June, 2013, this is in culmination of the Prison seminar which held on the 30th of April, 2013 on the theme 'Enhancing access to justice' ,the ethics of visiting the Prisons were addressed and the role of different organisation in enhancing and promoting access to justice. A detailed report will be updated subsequently.

Sunday, May 5, 2013

ABSU LAW CLINIC REACHES OUT TO STUDENTS IN ITS IMMEDIATE ENVIRONS.Street Lawyering defines the lawyer’s services to the lay man on the street. It is similar to Public Interest Lawyering (PIL), but should be differentiated from it in that in PIL, the community is the target and the take the lead in an active process towards change while working hand in hand with the lawyer. On the other hand, street lawyering targets individuals on the street towards the broad aims of legal empowerment, sensitization and aid. Thus, street lawyering is a lawyer’s voluntary reach out to individuals in the society to arm them with knowledge of the law and to aid them in socio-economic areas of life which touch directly or indirectly on law and rights. The Absu Law Clinic like many other clinics adopt street lawyering as part of the broad spectrum services it renders which range from prison services Alternative Dispute Resolution, interview and counselling, to PIL. On March 5th, 2013 the wind of street lawyering from the Absu law clinic blew to the International Secondary School, Uturu. Fired with passion for law on the street, a band of clinicians stormed the school to speak with a section of students aged between 14 and 17 years. What follows is a recap of the thrilling experience of the clinicians and the wondrous response of the enthused students.The Clinic, the Police, and Your RightsAfter the vice principal welcomed the clinicians and introduced them to the students gathered, the team leader, Abajuo Reason Emma, opened the exercise with his introductory remarks. He presented the structure of the exercise which as explained will feature discusses on the nature of the Absu Law Clinic, community policing and people’s rights to dignity of human person and personal liberty, and sexual harassment. Subsequently as he explained, there would be breakout sessions wherein the students will have a near one-on-one interaction with clinicians. He concluded his remarks by encouraging the students to maintain ambiance and co-operate fully with the clinicians in order to benefit fully from the exercise. He now introduced Emma Akuma to speak on the nature of Absu Law clinic. Emma Akuma in his usual conversational manner took the students through the nature of Absu Law clinic. The Absu law clinic was established by the Network of Universities’ legal Aid Institutions (NULAI) in 2004. The Absu clinic is an in-house clinic of the Clinical Legal Education (CLE) programme of the Faculty of Law, Abia State University, Uturu, Nigeria which provides pro bono legal services to members of the public. Student-clinicians have the opportunity to take part in hands-on legal work for the benefit of the community under the supervision of professionally qualified members of staff. He went on to explain the services rendered in the clinic: prison services, Alternative Dispute Resolution, interview and counselling, Public Interest Lawyering, etc. He encouraged the students to spread the message of the clinic to any who needs to know and refer such persons to the clinic for legal assistance. Leaving the stage, he invited the team leader to talk on community policing and human rights.Reason Emma defined community policing as the system wherein both community members and the police work together to ensure enforcement and security. His discourse was patterned towards changing the orientation of the students towards the police. The message was: “the police is your friend”. However, pointing out common abuses of human rights by the police which abuses especially infringe the rights to dignity of the human person and personal liberty, the speaker went on to explain how the students can avoid such possible abuses by explaining their rights politely to such officers. He also pointed out what they could do when such rights are eventually breached in forms of unlawful arrest, prolonged detention, and assaults: seeking legal aid. At this point, the role of the clinic in this regard was highlighted and the students were encouraged to report any of such abuses to the clinic and to encourage their parents, uncles, and others who can’t afford a lawyer to do same. The speaker also touched on possible abuses in the school which include bullying. He encouraged the students to report to the school authority whenever they are bullied. Leaving the stage, he welcomed another clinician to take up sexual harassment.Nnadi Moses pointed out that sexual harassment is a breach to the fundamental right to dignity of human person. He defined sexual harassment as any unwanted sexual advances, request for sexual favours and other verbal or physical conduct of a sexual nature which adversely affects an individual’s work or school performance by making it hostile or intimidating. He explained that that sexual harassment could be from any man to a woman and vice versa and could be done even through social networks. He encouraged the students to reject any of such advances and to report any harassment to the school authorities. He explained that the height of harassment is rape and invited another clinician to take that up.Nissi Ogbonna clearly explained the legal position on rape and emphasized it as an offence punishable by law upon conviction. She, however, advised the students to avoid circumstances that could lead to such ugly experience by avoiding provocative wears, staying in a lonely place with the person of the opposite sex not related by blood, or even taking lonely paths alone. She also dealt on what a rape victim should do immediately after the act: report to the authorities, see a doctor, and report to the police.After this, the team leader broke the students into five groups wherein the students interacted with two clinicians per group: Nweke Valentine and Ukachukwu Ifeyinwa headed group 1; Chinwendu Edede and Benjamin Ajunwa headed group 2; Obumneme Prosper and Chidiadi Madumere headed group 3; Maduako Emeka and Okoli Chioma headed group 4; and Ozioma Alaribe headed group 5.The exercise ended with photo sessions of the clinicians with cross sections of the students.