manual on prison pre-trial detainee law clinics

Manual on

Law ClinicPrison Pre-trial Detainee

Ernest Ojukwu

Odinakaonye Lagi

Ern

est O

jukw

u

Odin

akaonye L

agi

Manual on

Law

Clinic

Prison Pre-trial Detainee

MANUAL ON PRISON PRE-TRIAL DETAINEE

LAW CLINIC

The publication of this Manual was supported by

And

Open Society Justice Initiative

MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC

Ernest Ojukwu Odinakaonye Lagi

Network of University Legal Aid Institutions

Abuja

N U L A I N I G E R I A

NULAI Nigeria

Published by Network of University Legal Aid Institutions (NULAI Nigeria) Suite 9A 2nd Floor City Plaza Plot 596 Ahmadu Bello Way Garki II Abuja P.M.B. 274 Area 10 Garki Abuja Tel, +234-9-290 0609; 803-7877095 www.nulai.org ISBN: 978-978-932-364-7 Copyright © 2012 by Network of University Legal Aid Institutions (NULAI Nigeria) All rights reserved. No part of this publication may be reproduced, stored in a r etrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of NULAI Nigeria.

http://www.nulai.org/

CONTENTS About the Authors vi

Preface vii Chapter 1 - Prison Pre-trial Detainee Law Clinic Curriculum 1

Chapter 2 - The Nigerian Criminal Justice System 13

Chapter 3 - Procedure for Instituting Criminal Proceedings 21

Chapter 4 - An overview of the Human Rights of Prisoners/Pre-

trial Detainees in Nigeria 27

Chapter 5 - Access to Justice 37

Chapter 6 - Role of Law Clinics in Prison & Pre-trial

Detention 43

Chapter 7 - Professional Responsibility and Ethics 49

Chapter 8 - Interviewing and Counselling at Prison Pre-trial

Detainee Law Clinic 53

Chapter 9 - Report and Opinion Writing 59

Chapter 10 - File Management 63

Chapter 11 - Case Studies 71

Chapter 12 - Report of the Prison Pre-trial detainee Law Clinics

Teachers Training and Curriculum Development

Workshop 87

Chapter 13 - Guide to Law Clinics Wishing to engage their

Students in a Prison Pre-trial Detainee Law Clinic:

A Student’s Experience 113

vi Handbook on Prison Pre-trial Detainee Law Clinic

ABOUT THE AUTHORS Ernest Ojukwu Deputy Director-General and Head, Augustine Nnamani Campus, Nigerian Law School, Enugu; Presiden t Network of University Legal Aid Institutions (NULAI Nigeria); Formerly Associate Professor and Dean, Faculty of Law Abia State University Uturu, Nigeria. Ernest Ojukwu has con ducted many clinical legal education conferences, teacher training and curriculum development workshops in Nig eria and presented on legal education and clinical legal education themes at many international conferences organised by the Global Association o f Justice Education (GAJE), International Journal of Clinical Legal Education (IJCLE), American Association of Law Sc hools (AALS), International Bar Association (IBA), African Network of Constitutional Lawyers (ANCL), and Harvard Law School’s Global Legal Education Forum and many more. Odinakaonye Lagi Human Rights Fellow Open Society Justice Initiative (OSJI); MA (Human Rights Law Central European University); B.Sc (UNIPORT); Senior Prog ramme Officer Network of University Legal Aid I nstitutions (NULAI Nigeria). Odinakaonye Lagi has conducted workshops for Clinic Law Teachers and students on Report Writing, Ch ilds’ Rights and Freedom of Information in Nigeria and has attended conferences on clinical legal education. Orji Agwu Uka Orji Agwu Uka (LL.B ABSU) who recently completed his bar examination at th e Nigerian Law School and awaiting call to the Nigerian Bar contribu ted Chapter 13 of the Manual on “Guide to Law Clinics Wishing to Engage their Students in a Prison Pre-trial Detainee Law Clinic: A Student’s Experience.” He was the Students’ Head Abia State University (ABSU) Law Clinic.

Handbook on Prison Pre-trial Detainee Law Clinic vii

PREFACE

The Manual on Prison Pre-trial Detainee Law Clinic provides detailed curriculum, lesson plan, methodology and activ ities to guide the train ing of law teachers, law students, paralegals and other prison criminal justice practitioners working in P rison Pre-trial Law Clinics or other criminal justice, human rights and access to justice projects and programmes in Nigeria. The Manual supports the Handbook on Prison Pre-trial Detainee Law Clinic that provides the basic text for law teachers, students and supervisors in a prison, hu man rights, access to justice and criminal justice clinic or programme. Trainers, teachers and students will find this Manual very useful. We thank The John D. and Catherine T. MacArthur Foundation and Justice Initiative for supporting the publication of this book. Ernest Ojukwu Odinakaonye Lagi October 2012

viii Handbook on Prison Pre-trial Detainee Law Clinic

CHAPTER 1

Prison Pre-Trial Detainee Law Clinic Curriculum

INTRODUCTION

The curriculum on prison pre-trial law clinic is proposed to be

scheduled between six to ten lessons for a total of between twelve to

sixteen hours for law clinics that have adopted the general clinical

legal education four- semesters university based law clinic’s

curriculum. In other words the academic component covered under

this curriculum is only supplementary to the general clinical legal

education curriculum adopted by university based law clinics in

Nigeria. A law clinic may wish to merge the lessons as conveniently

as it fits into the general programme of the law clinic or faculty

2 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC THE CURRICULUM

OBJECTIVES OF THE CURRICULUM

See generally chapter 1 Handbook on Prison Pre-trial Detainee Law

Clinic.1 The Handbook describes the goal of “clinical legal education

is to train law students to become competent, community service

conscious and ethical lawyers.” The Handbook also further states that:

“A specialized prison pre-trial law clinic provides opportunity

to:

i. develop the skills of law students to compliment official

legal aid with free legal services to prisoners and pre-trial

detainees; and

ii. Promote students’ commitment to public interest lawyering

and community service.”

At the end of the course, students should be able to demonstrate an

understanding of and familiarity with the Nigerian criminal justice

system; procedure for instituting criminal proceedings; an overview

of the human rights of prisoners/pre-trial detainees in Nigeria; access

to justice; role of law clinics in prison and pre-trial detention; rules

and principles of professional responsibility and ethics; the skills of

interviewing and counselling and how to use these skills at a prison 1 Ojukwu E, et al, p. 1.

3 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC pre-trial detainee law clinic; report and opinion Writing; and file

management.

The students would be required to use the knowledge and skills learnt

and developed throughout the course to work in a prison pre-trial

detainee law clinic and serve real clients especially in the prison and

detention centres under the supervision of law teachers and other

qualified legal practitioners.

CONTENTS, OUTCOMES AND ACTIVITIES OF THE

CURRICULUM

LESSON 1

Topic: Objectives and Scope of prison pre-trial detainee law clinic

and Overview of Curriculum.

Contents: Objectives and Scope of prison pre-trial detainee law clinic

and Overview of Curriculum.

Outcomes: At the end of this lesson, students would be able to

explain the objectives and scope of prison pre-trial detainee law clinic

and discuss an overview of the curriculum, methodology and

activities of lessons and the prison pre-trial detainee law clinic.

4 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC Activities:

1. Teacher’s interactive overview and discussion with the students on

the curriculum, its objectives, methodology and activities under the

course and how students would be engaged in the course and in the

service component. The attention of students would be drawn to

specific pre-class assignments for Lesson 2 – 45 minutes

2. Assessment: Questions and Answers – 15 minutes.

LESSON 2

Topic: The Nigerian Criminal Justice System.

Contents:

(a) Nature, scope and concept of Nigerian criminal justice system;

(b) Institutions involved in the Nigerian criminal justice system-

the Police and other law enforcement agencies, the Judiciary,

the Prison, Ministry of Justice, and other institutions within

the administration of criminal justice;

(c) Laws, rules and instruments regulating criminal proceedings.

5 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC Outcomes: At the end of this lesson students would be able to:

(a) Discuss and explain the nature, scope and concept of the

Nigerian criminal justice system.

(b) Identify and discuss the institutions involved in the Nigerian

criminal justice system.

(c) Explain the Laws, Rules and other Instruments regulating

Criminal proceedings in Nigeria.

Activities: See Chapter 2

LESSON 3

Topic: Procedure for Instituting Criminal Proceedings

Contents:

(a) Principles governing investigation, arrest, detention, bail,

prosecution and imprisonment under Nigerian law;

(b) The procedure for commencing criminal proceedings in

different parts of Nigeria;

(c) The stages and processes from arrest to pre-trial.

Outcomes: At the end of this lesson students would be able to:

6 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC (a) Explain the principles governing arrest, investigation,

detention, bail, prosecution and imprisonment under Nigerian

law.

(b) Explain the procedure for commencing criminal proceedings

in different parts of Nigeria and the stages and processes from

arrest to pre-trial.


LESSON 4

Topic: An overview of the Human Rights of Prisoners/Pre-trial

Detainees in Nigeria

Contents:

(a) The human rights of prisoners/pre-trial detainees in Nigeria;

(b) The sources of the rights of prisoners/pre-trial detainees;

(c) The extent to which the rights of prisoners/ detainees are

respected in the Nigerian prison system.

Outcomes: At the end of this lesson students would be able to explain

and discuss the following:

7 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC (a) The human rights of prisoners/pre-trial detainees in Nigeria;





LESSON 5

Topic; Access to Justice

Contents:

(a) The meaning, scope and importance and challenges of access

to justice;

(b) The operation of legal aid in Nigeria.


(a) Explain the meaning, scope and importance of access to

justice and discuss the challenges;

(b) Explain and discuss the operation of legal aid in Nigeria.

8 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC Activities: See chapter 5

LESSON 6

Topic: Role of Law Clinics in Prison and Pre-trial Detention

Contents:

The scope and role of university based law clinics in prison and pre-

trial detention.


Explain and discuss the scope and role of university based law clinics

in prison and pre-trial detention.

Activities: See chapter 6

9 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC LESSON 7

Topic: Professional Responsibility and Ethics

Contents:

Ethical rules and responsibilities and duties of a lawyer to a client;

and the special rules for prison work.


Explain and discuss ethical rules and responsibilities and duties of a

lawyer to a client; and the special rules for prison work.


LESSON 8

Topic: Interviewing and Counselling at Prison Pre-trial Detainee Law

Clinic

10 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC Contents:

Explain the guidelines for interviewing and counselling prison

detainees.


1. Explain the guidelines for interviewing and counselling prison

detainees

2. Conduct an interview


LESSON 9

Topic: Report and Opinion Writing

Contents:

The meaning, purpose and importance of report and opinion writing;

and the nature and structure of reports (including reflective reports)

and legal opinion.

11 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC Outcomes: At the end of this lesson students would be able to:

(a) Discuss and explain the meaning, purpose and importance of

report and opinion writing and the nature and structure of

reports (including reflective reports) and legal opinion;

(b) Write reports.

Activities: See chapter 9.

LESSON 10

Topic: File Management

Contents:

The nature, scope, essentials and importance of file management.


(a) Explain the nature, scope and essentials of file management;

(b) Discuss the importance of file management;

(c) Open a file.

Activities: See Chapter 10.

12 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC RESOURCES

1. Handbook on Prison Pre-trial Detainee Law Clinic.

2. Projector.

3. Video clips/photographs on the state of the prison

4. Video clips on client interviewing.

5. Writing Board/Flip chart/Flip chart papers and pens.

6. Case studies.

NOTES ON CLASS PRESENTATIONS 1. As much as possible teachers should ensure that every student

turn in their pre-class assignments before the lesson day by

electronic means even when the teacher does not intend to assess

the assignments.

2. Students should be encouraged to make in-class presentations of

pre-class assignments by way of power point slides where

available or with the use of flip chart papers.

3. Where essays or notes are used, students should be made to speak

to the papers instead of reading them verbatim except where they

want to read any quotations where necessary.

4. Pre-class or in-class activities may be given as group work.

13 MANUAL ON PRISON PRE-TRIAL DETAINEE LAW CLINIC

CHAPTER 2

The Nigerian Criminal Justice System

OUTCOMES

At the end of this lesson students would be able to:

a) Discuss and explain the nature, scope and concept of the

Nigerian criminal justice system;

b) Identify and discuss the institutions involved in the

Nigerian criminal justice system and actions of these

institutions that may lead to injustice; and

c) Explain the Laws, Rules and other Instruments regulating

Criminal proceedings in Nigeria.


The aim of this unit is to have students become familiar with the

laws, rules and institutions of the Nigerian criminal justice system

and its interrelations.

Participatory Training Techniques That can be used

• Brainstorming

• Video/photo clips

• Case Studies and presentations

• Discussions/Presentations

• Instructional Diagram/tables

• Mapping/Listing

• Pre-class assignments and presentations

• Giving and Receiving Feedback

• Questions and Answers

•


Pre-class Reading Resource - Handbook on Prison Pre-trial

Detainee Law Clinic, Chapter 2.

Suggested Pre-class assignments and activities:

1. Students write short notes or essays naming institutions involved

in the criminal justice system, their enabling laws, their roles and

functions, organizational structure, and challenges.

2. Instead of notes or essays, pre-class activity No. 1 may be done

by students by way of radical cycles and tables. See pages 16 and

17.

3. Students should write a list of domestic and international laws

and rules (at least 20) regulating or affecting the criminal justice

system. Students should know that during the presentation of this

list in the class they would be required to explain how these laws

and rules regulate or affect the criminal justice system.

4. Students can be made to write short notes or essays on a number

of identified institutions, stating and explaining examples of how

their actions or omissions can and do lead to injustice (like

wrongful or unfair inclusion or continuous inclusion of a citizen in

the criminal justice system or abuse of human rights). This can also

be in a table form. See page 18.

5. Case studies may be presented to students to identify from the

case studies, institutions connected with a person as a defendant in


the criminal justice system and the role played or actions omitted

to be done that placed the person in the criminal justice system.

The students should also explain if such persons in the case studies

were rightly or wrongly included in the criminal justice system.

Radical Cycle

(Radical cycle is used to show relationship to a central idea and

as many outer cycles as needed may be drawn)


Table of Institutions, their Enabling Laws, Structure, etc

Institu

tion

Enabling

Law

Structure Roles &

Functions

Challenges


Table of Institutions showing their actions and omissions and

the unjust result or wrongful effect of such actions and

Omissions.

Institution Action/Omission

leading to unjust result

Unjust

result/wrongful

effect


In-Class Activities

1. Focuser- Play a video clip or show photos on prison to remind

the students that the central focus of the programme is the prison

and therefore the students should see the connection between the

lessons and activities to the central theme of prison. The focuser

may (either as an alternative or in addition) be to ask the students

to share any experience they have of the prison. Part of the

discussion on the focuser should be directed to what the students

understand about the nature and concept of the criminal justice

system generally - 20 minutes.

2. Presentation (and discussion) of assignment on institutions

involved in the criminal justice system, their enabling laws, their

roles and functions, organizational structure, and challenges – 20

minutes.

3. Presentation (and discussion) of list of domestic and

international laws and rules (at least 20) regulating or affecting the

criminal justice system. During this session students should

explain how these laws and rules regulate or affect the criminal

justice system- 20 minutes.


4. Presentation (and discussion) on the Case studies assignment

identifying institutions connected with a person as a defendant in

the criminal justice system and the role played or actions omitted

to be done that placed the person in the criminal justice system.

The students should also explain if such persons in the case studies

were rightly or wrongly included in the criminal justice system –

20 minutes.

5. Assessment – Questions and Answers – 10 minutes.

Notes

5. Students should be encouraged to make any presentation

that is on Radical cycles or Tables by way of power point

slides where available or with the use of flip chart papers.

6. Where essays or notes are used, students should be made to

speak to the papers instead of reading verbatim except

where they want to read any quotations where necessary.

7. Pre-class or in-class activities may be given as group work.


CHAPTER 3

Procedure for Instituting Criminal Proceedings

Outcomes

At the end of this lesson students would be able to:

a) Explain the principles governing arrest, investigation,

detention, bail, prosecution and imprisonment under

Nigerian law;

b) Explain the procedure for commencing criminal

proceedings in different parts of Nigeria and the stages and

processes from arrest to pre-trial.

c) Discuss how corruption and unethical conducts affect

the process of criminal justice.


The aim of this unit is to have students become familiar with the

criminal procedure; the stages and processes from arrest to pre-

trial, and become sensitized on the effect of corruption and

unethical conducts on criminal justice.

• Brainstorming

• Drama/Video clips

• Debates




• Mapping/Listing




•






1. Students should prepare short notes on the principles governing

arrest, investigation, detention, bail, prosecution and imprisonment

under Nigerian law;

2. Divide the students into two groups to prepare a debate for and

against the topic: “Should holding charge be part of our criminal

justice system?”

3. Students write a short essay on how corruption and unethical

conduct of actors in the criminal justice system affect the process

of criminal justice.

In-class Activities

1 Focuser – There should be a scripted drama relating to police

investigation or arrest or police bail or detention, or holding charge

or arraignment in court or remand in prison or imprisonment or a

combination of these. Video clips may be used in place of the

drama – 10 minutes.


2. Plenary discussion on the principles of investigation, arrest, bail,

detention, arraignment, remand, and imprisonment – 15 minutes

3. Group work- Each group should create and fill boxes following

the criminal procedure, identifying events that could happen

concurrently or an off shoot from the diagram. Use as many boxes

as needed and arrange to depict the sequence- 15 minutes. For

example:


4. Each group will present their diagram using card boards or flip

chart papers or power point slides while the entire class will give

feedbacks and other necessary input – 15 minutes.

5 Plenary: Compare the principal actors, their relationship with

each other and the power relations. This activity should involve the

entire class. Using the criminal procedure activities indentified

above, the class should identify the different actors and the power

relations for different stages using a radical cycle – 15 minutes.

See page 26.

Spheres of Influence

For example: During arrest, Bail, arraignment at Magistrate Court

or at High Court, Prosecution at Magistrate and High Court, on

remand awaiting trial: Each stage should be centred and the

different actors identified. Add as many spheres of influence as

needed.

6. Teachers preview of the procedure for instituting criminal proceedings in Nigeria including a discussion on the stages from arrest to pre-trial especially for offences with capital punishment. This should be as interactive as possible – 25 minutes. 7. Debate- “Should holding charge be part of our criminal justice

system?”- 25 minutes


8. Presentation- Students make presentations on how corruption

and unethical conduct of actors in the criminal justice system affect

the process of criminal justice – 25 minutes.


Sample Radical Cycle


CHAPTER 4

An Overview of Human Rights of Prisoners/Pre-Trial

Detainees in Nigeria

Outcomes

At the end of this lesson students would be able to explain and

discuss the following:

(a) The human rights of prisoners/pre-trial detainees in

Nigeria;





Pre-class Reading Resources:

1. Handbook on Prison Pre-trial Detainee Law Clinic, Chapter 4.

2. Resources on the state of the prison and human rights violations

in Nigeria by the Legal Aid Council, National Human Rights

Commission, NGOs, Amnesty International, for example Amnesty

International’s Nigeria Prisoners’ rights systematically flouted.

Some of these resources may be found in the Internet.


• Brainstorming

• Photo/Video clips




• Mapping/Listing


• Giving and Receiving Feedback/ Questions and Answers

• Guest’s lecture (like former prisoners and persons who had worked in the prison).



Students should:

1. Write an outline of human rights of prisoners/pre-trial detainees

and the sources of these rights using a numbered outline as shown

on page 30 or use a table as shown on page 31;

2. Outline the categories of prisoners and enumerate the rights

peculiar to the different categories of prisoners. Each category and

enumerated rights should be on a separate sheet of paper as shown

on page 32;

3. Write short notes on examples of cases or facts of violation of

prisoners and pre-trial detainees’ (in prison and other detention

places like the police cells) human rights in Nigeria. Students

should cite accurate references for the examples of the violations;

4. Prepare a list of international human rights instruments

conferring rights on prisoners.

5. Prepare a list of prisons and borstal institutions and their

locations in Nigeria.


Example of numbered outlines on human rights of prisoners/pre-trial detainees and sources of these rights.

Human rights of prisoners/pre-trial detainees

Legal Instruments

1 Right to be presumed innocent

Nigerian Constitution, African Charter on

Human and Peoples Right etc

2 Right to fair trial

3 Right to privacy

4 Right to Security of person

5 Freedom from torture, inhumane and degrading treatment

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20


Example of table on human rights of prisoners/pre-trial detainees, and sources of these rights.

Human Rights Sources

Right to be presumed

innocent

Nigerian Constitution, African

Charter on Human and Peoples

Right etc


An Example of a Category and Enumerated List

WOMEN

1_____________________________________________________

2_____________________________________________________

3_____________________________________________________

4_____________________________________________________

5_____________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________


In-Class Activities

1. Focuser – Video/photo clips or stories on the state of Nigerian

prisons/police cells/borstal institutions -5 minutes.

2. Students presentations of list of prisons and borstal institutions

and their locations in Nigeria; list of international human rights

instruments conferring rights on prisoners; outline of human rights

of prisoners/pre-trial detainees and the sources of these rights; and

outline of the categories of prisoners and enumerated rights

peculiar to the different categories of prisoners – 40 minutes.

3. Guest presentation/class discussions on the state of

prisons/police cells/borstal institutions and human rights of

prisoners and detainees. Guest may be a former prisoner or

detainee or experienced prison worker like those from NGOs or

Human Rights Commission or Legal Aid Council of Human

Rights Committees of the Bar Association – 30 minutes.

4 Group Work - Teacher presents case studies for students to

identify rights violation of persons in prison and pre-trial detention.

Students should work in groups and present as teams –40 minutes.

5 Assessment – Questions and Answers – 5 minutes.


Prisoners and detainees by virtue of their humanity still retain their rights, human and civil, as guaranteed by national, regional and international instruments, albeit with certain limitations. These rights have been examined in the light of relevant instruments. It has also been established that prisoners and detainees must not be subjected to arbitrary treatment by prison and detaining authorities but to internationally acceptable minimum standards of treatment in conformity with their dignity as human beings. Improving the situation of Nigerian prisoners requires an effective and functioning judiciary without which, the condemnable practice of keeping large numbers of awaiting trial persons in Nigerian prisons for long periods of time will continue. It is necessary to accelerate the trial of all persons detained without trial. Prison and detention officials should be trained on the rights of prisoners and the need for such rights to be respected. There is need for the government to address the issues which challenge the full realisation and enjoyment of the human rights of the prisoners. Law clinics have an important role to play in not only bringing the plight of prisoners to the attention of the authorities but also in working through the criminal justice system to help in advancing the protections of the rights of prisoners and pre-trial detainees.

NOTES ON HUMAN RIGHTS: (Source: The following notes are adapted from International Center for Human Rights Education, Participants Training Manual, 32nd Annual International Human Rights Training Program) Equality

The equality concept expresses the notion of respect for the inherent dignity of all human beings. As specified in Article 1 of the Universal Declaration of


Human Rights, it is the basis of human rights: “All human beings are born free and equal in dignity and rights.”

Non-discrimination

Non-discrimination is integral to the concept of equality. It ensures that no one is denied the protection of their human rights based on some external factors. Reference to some factors that contribute to discrimination contained in international human rights treaties include: race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. The criteria identified in the treaties, however, are only examples; it does not mean that discrimination is allowed on other grounds.

Universality

Certain moral and ethical values are shared in all regions of the world, and governments and communities should recognize and uphold them. The universality of rights does not mean, however, that the rights cannot change or that they are experienced in the same manner by all people.

Human dignity Human dignity affirms that all people deserve to be respected simply because they are human beings. Regardless of age, culture, religion, ethnic origin, colour, sex, sexual orientation, language, ability, social status, civil status or political convictions, all individuals deserve equal respect

Indivisibility

Human rights should be addressed as an indivisible body, including civil, political, social, economic, cultural, and collective rights.

Interdependency

Human rights concerns appear in all spheres of life -- home, school, workplace, courts, markets -- everywhere! Human rights violations are interconnected; loss of one right detracts from other rights. Similarly, promotion of human rights in one area supports other human rights.


Inalienability

The rights that individuals have cannot be taken away, surrendered, or transferred.

Responsibility

Government responsibility: human rights are not gifts bestowed at the pleasure of governments. Nor should governments withhold them or apply them to some people but not to others. When they do so, they must be held accountable.

Individual responsibility: Every individual has a responsibility to teach human rights, to respect human rights, and to challenge institutions and individuals that abuse them.

Other responsible entities: Every organ of society, including corporations, non-governmental organizations, foundations, and educational institutions, also shares responsibility for the promotion and protection of human rights.


CHAPTER 5

Access to Justice


(c) Explain the meaning, scope and importance of access to

justice and discuss the challenges;

(d) Explain and discuss the operation of legal aid in Nigeria.


• Brainstorming

• Drama/Video clips



• Listing



• Guest’s lecturer from Legal Aid Council.




Pre-Class Activities

1. Students should write a list of challenges and obstacles to access

to justice. During the presentation in the class, students would be

required to suggest possible solutions to the challenges and

obstacles and ways of enhancing access to justice in Nigeria;

2. Students should write a list of identified elements of the Legal

Aid Act and the anticipated impact or set back on legal aid and

access to justice if the provisions of the Act are implemented. This

may be presented on a table or by mere listing as shown on pages

39 and 40. This assignment should be turned in before the lesson,

possibly by electronic means.


List of Elements of Legal Aid Act and anticipated impact on

Access to Justice and Legal Aid

Elements of the

Legal Aid Act

Anticipated impact on

Access to Justice & Legal Aid

a)

b)

c)

d)

e)

f)

g)


Table of Elements of Legal Aid Act and anticipated impact on

Access to Justice and Legal Aid

S/N Elements of Legal

Aid Act

Anticipated impact on

Access to Justice & Legal

Aid

1

2

3


In-Class Activities

1. Focuser - A scripted short drama or video on any aspect of

access to justice/ Brainstorming/Discussions on the meaning,

scope and importance of access to justice – 15 minutes;

2. Presentation of list of challenges and obstacles to access to

justice: During the presentation, students would be required to

suggest possible solutions to the challenges and obstacles and ways

of enhancing access to justice in Nigeria. This presentation may be

done using a systems approach. See page 42. Systems approach

requires situating a main event or issue and reflecting on the

broader context and influences to achieve desired changes. The

teacher should situate access to justice and legal aid and get the

class to brainstorm on possible obstacles impeding access to justice

from immediate environment to broader influences. The class will

also identify opportunities that will promote access to justice and

legal aid – 30 minutes;

3 Presentation and discussion on elements and operation of Legal

Aid Act; In the alternative an experienced officer of the Legal Aid

Council may be invited to give a short on the operation of the

Legal Aid Act – 15 minutes.

42 MANUAL ON PRISON PRE‐TRIAL DETAINEE LAW CLINIC

Access to Justice

& Legal Aid

Obstacles

Access to Justice &

Legal Aid Obstacles

Economic

Social &cultural

Geographical

Opportunities Promoting Access to Justice and Legal Aid

Desired

change:

Access to

justice for

all and

consistent

available

legal aid.

Access to justice & Legal Aid Obstacles

Laws & Legal limitations

Institutional

Social & Cultural; Economic; Geographical

Current

assessment

of access to

justice and

legal aid in

the country

Access to Justice and Legal Aid Obstacles and Challenges

Procedural Institutiona

Laws & legal limitations


CHAPTER 6

Role of Law Clinics in Prison and Pre-trial Detention

Outcomes: At the end of this lesson students would be able to

explain and discuss the scope and role of university based law

clinics in prison and pre-trial detention.


• Group discussions and Presentations

• Tables

• Listing

• Case Studies






Group Work – Using a grid or a table, each group of students

should identify and write down specific areas or activities that

Prison Pre-trial Law Clinics could work in, the anticipated

challenges and possible solutions or steps that could be taken to

overcome these challenges. See page 46 for the grid or table.

In-Class Activities

1. Presentation of the Pre-class Group Work activity on specific

areas or activities that Prison Pre-trial Law Clinics could work in,

the anticipated challenges and possible solutions or steps that could

be taken to overcome these challenges – 20 minutes


2. Group discussion on a case study to identify and list all actions,

activities and interventions that the Law Clinic can make in the

case. See page 48 for the case study – 15 minutes.

3. Presentation – Groups present their list of actions, activities and

interventions identified from the case study and receive feedback –

20 minutes.



Table – Law Clinic Work/Activities and the Challenges and

Suggested Solutions

Prison Pre-trial

Law Clinic

Work/Activities

Real or

Anticipated

Challenges

Possible

Solutions

47 MANUAL ON PRISON PRE‐TRIAL DETAINEE LAW CLINIC

Law Clinics’ Prison Project Outline

Case files closed

verification of facts at courts/Ministry of Justice

Prison visit/interviews

Pre-field Workshop

Case files closed

Report actions to Prison officials/Counsel Detainees



Accepted cases-follow-up actions

Reject cases

Reports/ Recommendations

Referrals to NGOs, Legal Aid Council etc


Case Study 1 – A Detainees Story

I was walking along the road at Enugu around 7:30pm one day in March, 2010. All of a sudden, a police patrol van packed by my side and I was told to enter the van. The Head of the Police Patrol team demanded for N200.00 from me in order to avoid charging me for wandering in the night. I did not have any money to give as bribe to the men of the police on patrol.

The police forced me into their vehicle and took me to their station where I was detained for about a month. Nobody in my family knew where I was and the police refused to assist me contact any person. One day I complained so bitterly and after shouting and shouting to know why I was being detained, one policeman on duty told me I was going to court for armed robbery. One day in the month of April, 2010, I was taken to one Magistrate Court with four other persons. In the court the clerk read one statement and said we were armed robbers. I was not asked any questions and I was not allowed to say anything. The Magistrate ordered that I should be remanded at Enugu Prisons together with other accused persons. I have been in Prison custody at the Enugu prisons till date.


CHAPTER 7

Professional Responsibility and Ethics


explain and discuss ethical rules and responsibilities and duties of a

lawyer to a client; and the special rules for prison work.

This chapter assumes that law students enrolled in the Prison Pre-trial Detainee Law Clinic have gone through ethics lessons under the general clinical legal education curriculum.


• Brainstorming


• Quiz

• Listing

• Case Studies



Pre-class Reading Resources

Handbook on Prison Pre-trial Detainee Law Clinic, Chapter 7;

Rules of Professional Conduct for Legal Practitioners;

The Law Clinic Manual on Rules and Regulations of the Clinic.


1. Students should consider why ethics and professional duties should be observed at the Law Clinic?

2. Students should list the ethical values, issues and rules they consider relevant to their work at the clinic, at the prison and in their dealings within prisoners and detainees.

In-Class Activities 1. Brainstorming – on why ethics and professional duties should be observed at the Law Clinic? – 20 minutes


2. Students present their lists of ethical values, issues and rules they consider relevant to their work at the clinic, at the prison and in their dealings within prisoners and detainees and brainstorm on inappropriate behaviours that negates those ethical values, issues and rules - 30 minutes

3. Case studies of different scenarios (duties to clients, conflict of interest, ethical dilemmas, confidentiality, rules of prison visits, rules of law clinic, etc) should be given to students to work in groups and identify ethical challenges and in some cases required to decide how they would react if such circumstances are presented to them in real life. Groups or individual students then present and discussions and feed backs follow – 45 minutes.

4. Assessment- Already prepared quizzes should be given to students to generally assess their understanding of the lesson – 25 minutes.


Case Study 2 – This is the story of a client you met at the police station and you have confirmed the story relating to the money. As the lawyer what will you do?

I am 22 years. I was walking along the road at Enugu around 7:30pm last month. All of a sudden, a police patrol van packed by my side and I was told to enter the van. The Head of the Police Patrol team demanded for N200.00 from me in order to avoid charging me for wandering in the night. I did not have any money to give as bribe to the men of the police on patrol. The police forced me into their vehicle and took me to their station where I have been detained since then. My family do not know that I am here. The IPO have told me to pay them N20,000 and be freed otherwise they will charge me with armed robbery. I do no have such money anywhere and my parents are very poor and even depend on my daily labour work to survive.


CHAPTER 8

Interviewing and Counselling at Prison Pre-trial

Detainee Law Clinic


a) Explain the guidelines for interviewing and counselling prison

detainees;

b) Conduct an interview.



• Video Clips

• Case Studies

• Interviewing Role Play/Drama




Pre-class Reading Resources

Handbook on Prison Pre-trial Detainee Law Clinic, Chapter 8.


1. Students are to watch a client interviewing video provided for the students.

2. Students are to prepare to make presentations to the whole class, functions of interviews and counselling, the golden rules for interviewing, interviewing guidelines at the prison and the meaning of counselling.

In-Class Activities

1. Students make presentations on functions of interviews and

counselling, the golden rules for interviewing, interviewing


guidelines at the prison and the meaning of counselling – 15

minutes.

2. Client Interview: Depending on the number of students in the

class, using a case study relating to a prison detainee, students

should be grouped to conduct an interview role play Students can

be grouped in threes so that i person plays the role of client, one

person plays the role of lawyer and another plays the role of

observer. It means that there shall be three different case studies to

enable each student conduct at least one interview as a lawyer.

Interview Session A

a. Facilitator prepares the client actors separately – 5 minutes

b. Client interviewing session using case study 1 – 20 minutes

c. Clients/observers report at plenary on facts elicited from client

and compliance with the guidelines on client interviewing at the

prison, golden rules, and ethics – 10 minutes.

Interview Session B





prison, golden rules, and ethics- 10 minutes.


Interview Session C





prison, golden rules, and ethics- 10 minutes.

3 Using case study of a prison detainee interview report students

discuss in groups the facts stated in the report and assess the

outcome of interview and report. See case study 3 at page 57 -25

minutes.

4. General Assessment – Questions and Answers – 5 minutes.


CASE STUDY 3

This is the report of a student that interviewed a detainee in

the prison.

The client was walking along the road at Enugu around 7:30pm one day in March, 2010. All of a sudden, a police patrol van was packed by his side and he was told to enter the van. The Head of the Police Patrol team demanded for N200.00 from him in order to avoid charging him for wandering in the night. He did not have any money to give as bribe to the men of the police on patrol.

The police forced him into their vehicle and took him to their station where he was detained for about a month. Nobody his family knew where he was and the police refused to assist him to contact any person. One day he complained so bitterly and after shouting and shouting to know why he was being detained, one policeman on duty told him that he was going to be charged in court for armed robbery.

One day in the month of April, 2010, he was taken to one Magistrate Court with four other persons. In the court the clerk read one statement and said they were armed robbers. He was not asked any questions and he was not allowed to say anything. The Magistrate ordered that he should be remanded at Enugu Prisons together with other accused persons. He has been in Prison custody at the Enugu prisons till date.


For elaborate Assessment Criteria and Team Feedback Form used by The Louis M. Brown & Forrest S. Mosten International Client Consulting Competition, see http://www.brownmosten.com/


CHAPTER 9

Report and Opinion Writing


discuss and explain the meaning, purpose and importance of report

and opinion writing and the nature and structure of reports and

legal opinion.


• Case Studies

• Writing and Drafting





Pre-class Reading Resource



Students should write based on case studies to be produced by the teacher one report, one reflective report and one legal opinion and turn it in before the lesson. The reports and opinion should be short.

In-Class Activities

1 General discussion of the meaning, purpose and importance of

report and opinion writing and the nature and structure of reports

and legal opinion – 20 minutes.

2 Students should look at case studies-reports and legal opinion

and discuss in groups or individually, and determine whether the


structure and grammar comply with standard guidelines, and report

for discussion and feedback – 40 minutes.

Post Lesson Activities

Students should be given take home assignments to write reports

and legal opinion for assessment.


CHAPTER 10

File Management


(d) Explain the nature, scope and essentials of file

management;

(e) Discuss the importance of file management;

(f) Open a file.

Expected Outcomes:

At the end of this chapter the reader will be able to:

(a) Explain the nature and scope of file management (b) Identify the essentials of file management (c) Discuss the importance of file management


Pre-class Reading Resource




• Simulated filing exercise

• Tables



• Site visit



Students in groups would visit offices of the school, organisations and firms to see how they keep files. Each group will write and present a report to the teacher before the lesson.

In-Class Activities

1. Students should share their ideas on why we need a filling

system, and what they need to create one. The teacher should draw

a table as on the next page on a board or flip chart or on computer

and projected and fill it out with the ideas generated by the class –

15 minutes


Why do you need a filling

system

What do you need to create a

system

2. The facilitator would present or make available samples of different filling systems and a general overview of file management – 10 minutes


Sample A

Alphabetical Filling Sample:


Sample B

Numerical Filling Sample


Sample C

40mins Part B will work in groups to open a file

3. Divide the class into groups, give to each group a folder, file, Pen Marker and papers. Each group should come up with a theme/client records and create a file. Using the chart at page 70, each group should identify what type of system used and note down each step taken from opening to closing the file -10 minutes

4. Large Group Discussion- Each group would present its filing system and created file for the entire class, followed by feedbacks and comments – 25 minutes.

Aplha-Numeric Filling Sample


CHAPTER 11

Case Studies

The following are reports from Law Students that conducted initial

interviews of some pre-trial detainees in the prison. The students

had no initial training before the interview and reports. The reports

have been produced as they were written by the students except for

changes in the names of persons to guarantee their confidentiality.

These reports can be used as they are or modified as case studies to

suit the needs of the teacher or facilitator to focus on any or all of

the following themes:

1. Procedure for instituting criminal proceedings;

2. Human rights;

3. Access to justice;

4. Role of Law Clinics in prison and pre-trial detention;

5. Professional responsibility and ethics;

6. Client Interviewing and Counselling;

7. Post client interview activities;


8. Report and opinion writing including structure, style and

grammar;

9. The criminal justice system; and

10. The interconnection between law and other disciplines and

professions.

REPORT 1

The detainee is charged for murder along with his younger brother,

Michael Ogolo who is a preacher of the gospel. Michael visited his

sister in his matrimonial home where he usually preach to the

neighbours of her sister at Agba-umana Ezeagu Local

Government. One day in December 2008, Michael had a quarrel

with one woman by name, Uche Abbah whom he is preaching to.

That quarrel resulted to a fight and the woman died 4 months after

the fight. The detainee claims that she did not participate in the

fight and that after the fight the decease did not sustain any

physical injury neither was she sick but that the family members of

the deceased claims that it was as a result of the fight that the

woman died.

The detainee and her younger brother was arrested by the police.

They spent one month in the police custody at State C.I D and

latter charged for murder at Magistrate Court in new market Enugu

who remanded them in prison and adjourned for a later date. Since


then nothing else has been done to the case. The husband of the

detainee is late and there is no help coming from the family

because they are very poor. I advice that this case be referred to the

legal aid council for help.

Name of Court: Magistrate Court Enugu (New Market)

Police Handling: State C.I.D

Name of IPO: Not Known

DDP Advice: Not Received

Name of Detainee: Withheld

Address: Agba – Umana, Ezeagu Enugu

Name of Prison: Enugu Prison

Dated 5th May 2011.

REPORT 2

This inmate was charged with attempted murder. He stabbed a Co-

worker (foreman) with a broken bottle at his lower abdomen over a

fight having seized the phone of his foreman for his refusal to give

him his lunch stipends approved by the company and for the

foreman for daring to report him to their overall boss for taking

bribe from Mrs. B, a woman whom he had promised not to lay

water pipes across her shop. Their neighbour handed him over to

New Haven Police where he was detained for 4 days before taken


to Magistrate Court 9 Enugu where a charge of attempted murder

was read to him. He had no lawyer to represent him and nobody

applied for his bail. He was therefore taken to Enugu prison

maximum since 14th December 2010.

What inmate needs is a lawyer who will facilitates his case file

being transferred to the office of the Director, Public Prosecution

with a request for the case to be transferred to high court, which

has jurisdiction to entertain the matter.

Name of Court: Magistrate Court 9 Enugu

Police Handling: New Haven Police Station

Name of IPO: Can’t be remembered


Name of Detainee:

Address: C.P.S Umuahia’s

No. 1 Ezikpo Street Independence

Layout Enugu

Name of Prison: Enugu Maximum

Dated 5th May, 2011


REPORT 3

From the detainee’s case, He was arrested for an offence that was

committed according to him while he was away at Onitsha. The

issue is as regards dispute on who will be the Youth leader in his

community and this resulted in a clash between the two opposing

groups. The complainant alleged he lost his father as a result of the

incident and want many youths from his community. The

complainant saw him in Onitsha and arrested him because he is a

member of the community. This detainee said his friend has

promised to pay in money into an account for him to engage a

lawyer. I recommend the Law Clinic to help him contact this his

friend and get him a lawyer.

Name of Court: Magistrate Court 4 Enugu

Police Handling: Enugu State C.I.D

Name of IPO: Inspector Odo



Address: Eke Obinagu

Name of Prison: Enugu State Prisons

Dated 5th May 2011.


REPORT 4

This is a case of aiding the offence of stealing. The detainee, a

woman, was arrested in Nsukka (which is her town of origin) and

detained at the Nsukka prison from whence she was transferred to

Enugu prison for aiding her son in committing the offence of

stealing in the village. The woman is a mother of three children

and a widow, also one of her children is a baby of “1 year and 6

months”. She said she was arrested when the baby was only 8

months old. She has not been tried since 2010, August.

(1) Problem of the Client – the detainee is impoverished, she is too

poor to afford a lawyer and she also wishes to communicate her

daughter and she also wishes to communicate her daughter, as she

claims not know where she is, or whom she is with. The detainee

also needs to be tried.

(2) Goals to be achieved – the detainee needs to be tried and this

can be facilitated by obtaining the services of a lawyer for her

either through legal Aid or any Organization. Another goal should

be to gather information about her daughter.

(3) Recommendation – Judging from the woman’s countenance,

she seems guilty of the offence but she is too timid and illiterate


and requires assistance in order to obtain justice, she can be

granted bail pending trial because of her tender child

Name of Court: Magistrate Court Nsukka

Police Handling: Nsukka Police Station

Name of IPO: Okoro Mang



Address: Ovoko in Amaku Nsukka, Enugu


REPORT 5

Angela Agu returned from work one day and found tied human

faeces at her doorstep. She asked the neighbour but non of them

accepted responsibility for the act, so she took the tied human

faeces and placed it on a water drainage pipe leading off water

from the compound. Her Caretakers children challenged and

insulted her. The exchange of words between her and her caretaker

children resulted in a fight between her and three (3) of the

caretaker’s children. She was pregnant at the time of the fight.

Among the caretaker’s children that fought her was Ebere, the

Caretaker’s son who has been reportedly ill. She reported the

matter to the police, and the police arrested one of the three person

that fought, but she was speedily released by the police and she


immediately returned home and continued insulting the detainee.

The detainee, being dissatisfied with the way the police has

handled the matter reported to his brother. Her brother went again

to the police. Subsequently, the police invited the detainee and the

three caretaker children to the police station. The police instructed

the caretaker’s children to apologise to detainee before the next

Friday when they are all expected to return to the police station.

Before the said Friday, one of the Caretaker’s children that

engaged the detainee in the fight (that is Ebere) died. The

Caretaker alleged that the detainee has kill his son and reported to

the police. So three days after Ebere’s death, while the detainee

was in her shop, the policemen came and arrested her. She was

taken to the State C.I.C Office. After about 2 months, she was

taken to the Magistrate Court where her detention order was made.

The detainee Husband’s name is Jude Agu. The detainee did not

know the present address of husband, since the husband has re-

located from the compound following her arrest and detention. We

gave detainee 3 options:


i. Contact with family members

ii. Reference to private Legal Practitioner

iii. Reference to Legal Aid Council for pro-bono service

Detainee says pro-bono service by the Legal Aid Council is

preferable but she wants her sister to be contacted first. Her sister’s

particulars are:

NAME: Glo Ekeh. Popularly known as the police wife (Husband

dead) a Tailor whose shop is at RAIL, OGBETE MARKET

ENUGU

Name of Court: Magistrate Court Enugu

Police Handling: State C.I.D

Name of IPO: Steve Johnson


Name of Detainee: Angela Agu

Address: Barrister Ikpeama Street, Ugbeni II Enugu

Name of Prison: Federal Prison Enugu

Dated 5th May 2011


REPORT 6

Report on Mr. Maxwell Ekpe.

The above named detainee is a welder, living at Okpada in Enugu

State. He was charged with robbery in 2008 and has been in

detention since the 20th of June 2008.

The detainee narrated his story, and in his words, he said he went

to see his mother immediately after the close of work and as he

approached his mother’s house, he met the villagers accusing a

man of robbery and the accusers included him. According to him,

some villagers opposed his being indicted in the incidence as they

claimed he had just arrived at the village and had nothing to do

with the robbery.

I recommend that he is provided with and assisted with legal aid so

that his case can be heard on its merits or demerits.


Police Handling: Special Anti Robbery Squad

Name of IPO: Inspector Ruth


Name of Detainee: Mr. Maxwell Ekpe

Address: Okpada


Name of Prison: Enugu Maximum Prison

Dated 11th May 2011.

REPORT 7

The detainee was arrested in 2004 on his way back from work at

about 6pm at New Market road holy ghost. He was arrested along

with two other persons who are not known to him. One of the two

persons died in police cell as a result of gun short on him by the

police. The other person has been granted bail by the police. The

detainee was asked to bring N60,000 by the police but he was not

having the money at that point. He claims that the day the police

arrested him, he had about N35,000 on him which the police men

collected. He spent two months and two weeks at the police cell

and was latter taken to magistrate Court at New Market who

remanded him in prison. He said he was alleged of committing

robbery. Nothing else has been done.

The family members has been supportive since his arrest and

detention. He said that his family members are not educated and

that they do not know how to go about the matter.


The major concern of the detainee is to get a legal practitioner for

him and then contact his mentor who is an uncle to him and he

resides in Cross-River State that he will be able to pay the fees.

Name of Court: Magistrate Court 4 New Market

Police Handling: Area Command

Name of IPO: Inspector Nkaru



Address: 28 Chukwuani Street Camp.

Name of Prison: Enugu Maximum Prison

Dated 5th May 2011.

REPORT 8

Summarily, detainee was arrested on the 9th day of August, 2005 at

Garki, Awkunanaw Enugu by 8pm on the said date at the bus stop

trying to return back to Onitsha from where he had come from, on

a visit to a cousin who was not located at all.

Though attempts were made to procure the services of a legal

practitioner but to no avail. Therefore it is imperative that the

family members are reached and then a legal practitioner contacted

to kick start the trial process.


I have no doubt that detainee had suffered enough within six years

without trial proper due to lack of substantial evidence, it is my

considered opinion that suit may be struck out for want of diligent

prosecution on the point of the Prosecuting Counsel or the state

simply put.

Name of Court: Court 4, Enugu State High Court

Police Handling: State C.I.D Enugu

Name of IPO: Can’t Remember



Address: 28 Ozubulu Street Fegge Onitsha

Name of Prison: Enugu Prisons


REPORT 9

Mr. Peter Njoku is guilty of attempted murder. On the day he was

taken to Court, he voluntarily pleaded guilty but is out of

provocation for he came back one day and met his wife with

another man so he angrily hit the man with a machete on his head.

He has been tried once by the Magistrate Court and the case

adjourned to the 6th of December 2010. The Magistrate Court has

no jurisdiction to try attempted murder case. The highest


punishment they can give is 14 years imprisonment and the

punishment of attempted murder is higher.

The Legal Clinic should endeavour that the man’s file is taken to

the Director of Public Prosecutions (DPP) for advice and transfer

as well to a higher court.


Police Handling: Amachunze Police Station

Name of IPO: Not Known


Name of Detainee: Peter Njoku

Address: Eziobodo Oruko Eke Obinagu Enugu



Interview Role Play Case Study

I was walking along the road at Enugu around 7:30pm one day in

March, 2010. All of a sudden, a police patrol van packed by my

side and I was told to enter the van. The Head of the Police Patrol

team demanded for N200.00 from me in order to avoid charging

me for wandering in the night. I did not have any money to give as

bribe to the men of the police on patrol.


The police forced me into their vehicle and took me to their station

where I was detained for about a month. Nobody in my family

knew where I was and the police refused to assist me contact any

person. One day I complained so bitterly and after shouting and

shouting to know why I was being detained, one policeman on

duty told me I was going to court for armed robbery. One day in

the month of April, 2010, I was taken to one Magistrate Court with

four other persons. In the court the clerk read one statement and

said we were armed robbers. I was not asked any questions and I

was not allowed to say anything. The Magistrate ordered that I

should be remanded at Enugu Prisons together with other accused

persons. I have been in Prison custody at the Enugu prisons till

date.

NOTE: This is your basic story. Make up answers to questions

asked on facts not stated above but UNLESS ASKED DO NOT

SAY THE FOLLOWING:

1. Your name

2. The fact that you have not been represented by any lawyer

since your ordeal;

3. You are unemployed;

4. Your residential address


5. Your family members, relations names, addresses, and

occupations;

6. The fact that you have not been taken to court since the

Magistrate sent you to prison.


CHAPTER 12

Report of the Prison Pre-trial detainee Law Clinics Teachers Training and Curriculum Development

Workshop held in Port Harcourt, 21-23 August 2011

EXECUTIVE SUMMARY

In an effort to achieve its objectives of promoting clinical legal education, legal education reform, legal aid and access to justice in Nigeria and the development of future public interest lawyers, the Network of Network of University Legal Aid Institutions (NULAI) Nigeria organized series of conferences and workshops. This teachers’ training workshop, sponsored by the McArthur Foundation, was aimed at building the capacity of law teachers in Nigeria for a sustainable implementation of clinical legal education in order to develop the skills of law students to complement the existing official legal aid scheme with the provision of free legal services to prisoners and pre trial detainees; and to promote students’ commitment to public interest lawyering and community service.

The objectives of the workshop were to equip the participants to be able to:


1. Explain the scope of learning and work to engage law students in a prisons/pre-trial detention law clinic;

2. Draft a prison/pre trial detention curriculum and lesson plan; and

3. Practice facilitating learning and supervision of students in a prison/pre trial detention law clinic.

The participants were law teachers and law students from Universities in the South-East and South-South zones of Nigeria.

The facilitators used different interactive methodologies and participants were very active.

The workshop was organised for three days featuring three sessions each day. The first day’s session began with the mapping of the participants’ background and their experience in prison work, criminal defence, legal practice, law clinic, teaching methods, curriculum development and students’ supervision. Other presentations in the session were: Overview of Prisons/Pre-trial detention and prisoners’ rights in Nigeria; and The need (the concern and purpose) for and the Mission/Objectives of Prisons/Pre-trial Detention Law Clinics. The second session featured a Plenary discussion/Workshop on Knowledge, Skills and Value (including ethics that could be learnt) in a Prisons/Pre-trial Detention Law Clinic while the third session featured a workshop on Interview and Counselling Skills.

The second day’s first session started with a presentation on Facilitating learning- curriculum development: preparing lesson plans; teaching methods; case studies; supervision and assessment of students in a clinic and also included a Panel presentation on the


Existing curriculum models of ABSU, EBSU and UNIUYO Law Clinics by their coordinators.

The second session featured a discussion and brainstorming on case studies from Prison/Pre-trial detention law clinic. Here the participants brainstormed on the reports and critiqued the recommendations proffered by the Supervisors while agreeing on better steps to execute follow up activities in the clinics. The session featured interesting comments as the participants critiqued the recommendations of the supervisors and agreed on the correct approach. The participants were then urged to inculcate the corrections into their clinic work. The last session for the day was a group workshop on Drafting Prison/Pre-trial Detention Curriculum and Lesson Plan. The participants were divided into five groups of four persons each and given the task of preparing a draft curriculum and lesson plan for prisons/pre-trial detention law clinics.

On the third and final day of the workshop, the workshop’s first session centred on the final group workshop on drafting Prison/Pre-trial detention curriculum and lesson plan. The second session provided the groups with the opportunity to present the draft prison/pre trial detention curriculum and lesson plan while the participants reviewed and critiqued the group drafts and harmonized them.

The third session featured the general discussion/critique and approval of final draft of prison/pre trial detention curriculum and lesson plan and then a final wrap up of the workshop and discussion of the challenges of the clinics and the way forward.


The workshop resulted in the production a draft curriculum and lesson plan for law clinics involved in prison/pre trial detention work as well as accorded the participants the opportunity to establish friendships and strengthen professional connections. The achievements of the workshop are reflected in the report hereunder while the various presentations are annexed to the report.

FULL REPORT

REPORT OF THE PRISON/PRE-TRIAL DETENTION LAW CLINICS TEACHERS TRAINING AND CURRICULUM

DEVELOPMENT WORKSHOP HELD IN PORT HARCOURT, RIVERS STATE 21-23 AUGUST 2011

TABLE OF CONTENTS

1. INTRODUCTION

DAY ONE

2. OPENING/WELCOME ADDRESS

3. PLENARY PRESENTATIONS

3.1 FIRST SESSION

3.1.1 Mapping Participants’ background and experience: Prison Work, Criminal Defence, Legal Practice, Law Clinic, Teaching Methods, Curriculum Development and Students’ Supervision by Mrs. Idorenyin Eyo.

3.1.2 Plenary Presentation: Overview of Prisons/Pre-trial detention and prisoners’ rights in Nigeria by Dr Amari Omaka.


3.1.3 Plenary Presentation/Brainstorming Session: The need (the concern and purpose) for and the Mission/Objectives of Prisons/Pre-trial Detention Law Clinics by Dr Sam Erugo.

3.2 SECOND SESSION

3.2.1 Plenary discussion/Workshop: Knowledge, Skills and Value (including ethics that could be learnt) in a Prisons/Pre-trial Detention Law Clinic by Prof. Ernest Ojukwu.

3.3 THIRD SESSION

3.3.1 Workshop: Interview and Counseling Skills by Prof. Ernest Ojukwu.

3.3.2 Workshop: The Process of initiating criminal proceedings by Prof. Ernest Ojukwu.

DAY TWO

4 PLENARY PRESENTATIONS

4.1 FIRST SESSION

4.1.1 Presentation: Facilitating learning- curriculum development: preparing lesson plans; teaching methods; case studies; supervision and assessment of students in a clinic by Ernest Ojukwu.

4.1.2 Panel presentation: Existing curriculum models- ABSU, EBSU and UNIUYO moderated by Ernest Ojukwu and featuring Dr Sam Erugo, Dr Amari Omaka and Mrs Idorenyin Eyo as Discussants.

4.2 SECOND SESSION

4.2.1 Discussion/Brainstorming on Case Studies from Prison/Pre-trial detention on supervision and assessment of students.


4.3 THIRD SESSION

4.3.1 Group workshop: Drafting Prison/Pre-trial Detention Curriculum and Lesson Plan

DAY THREE

5 DRAFTING CURRICULUM AND LESSON PLAN

5.1 FIRST SESSION

5.1.1 Final Group Workshop: Drafting Prison/Pre-trial detention curriculum and lesson plan.

5.2 SECOND SESSION

5.2.1 Group presentations of draft prison/pre trial detention curriculum and lesson plan: review of group drafts and harmonization.

5.3 THIRD SESSION

5.3.1 General discussion/critique and approval of final draft of prison/pre trial detention curriculum and lesson plan

5.3.2 Wrap up/challenges/way forward

1. INTRODUCTION

NULAI Nigeria Prison/Pre-Trial Detention Law Clinics Teachers’ Training and Curriculum Development Workshop was held ar Port Harcourt, Rivers State from 21-23 August 2011. The Port Harcourt Workshop which was for the Eastern Zone was part of a nationwide exercise by NULAI. The Workshop took place at Maas Central Hotel, GRA Phase 2 Port Harcourt, Rivers State Nigeria.


OBJECTIVES

The workshop aimed at building the capacity of law teachers in Nigeria for a sustainable implementation Clinical Legal Education in order to

i. Develop the skills of law students to complement the existing official legal aid scheme with the provision of free legal services to prisoners and pre trial detainees; and

ii. Promote students’ commitment to public interest lawyering and community service.

OUTCOMES

At the end of the workshop, the participants were expected to be able to:

1. Explain the scope of learning and work to engage law students in a prisons/pre-trial detention law clinic;

2. Draft a prison/pre trial detention curriculum and lesson plan; and

3. Practice facilitating learning and supervision of students in a prison/pre trial detention law clinic.

PROGRAMME

DAY ONE

2. OPENING/WELCOME REMARKS

The workshop began with an opening prayer session led by Dr Amari Omaka of Ebonyi State University and Miss Mema Ojukwu of the University of Lagos. The opening plenary of the workshop


was moderated by NULAI President, Ernest Ojukwu who gave a warm welcome to all participants at the workshop. While declaring the workshop open, Mr Ojukwu urged all participants to utilize this rare forum in sharing experiences, challenges and prospects to improve the justice sector especially as it relates to pre-trial detention and criminal justice. He set the tone for the workshop by focusing the minds of the participants on the workshop objectives and outcomes. He urged all participants to relax and freely participate fully in the workshop deliberations and specifically advocated an atmosphere akin to what obtained at kindergarten schools which according to him engenders robust contributions and facilitates the achievement of the workshop’s objectives. He concluded by urging the members to set the domestic rules of the workshop which were the prohibition of the use of phones during the course of the workshop as well as indiscriminate movements for the same purpose.

3. PLENARY PRESENTATIONS

3.1 FIRST SESSION

3.1.1 Mapping Participants’ background and experience: Prison Work, Criminal Defence, Legal Practice, Law Clinic, Teaching Methods, Curriculum Development and Students’ Supervision by Mrs. Idorenyin Eyo.

The workshop plenary kicked off with the mapping of the background and experiences of participants. Moderated by Mrs. Idorenyin Eyo of the University of Uyo, each participant was


asked to introduce himself and give a brief profile of his background and experience in the area of Prison Work, Criminal Defence, Legal Practice, Law Clinic, Teaching Methods, Curriculum Development and Students’ Supervision. The session was concluded with an observation by the moderator that the clinics were indeed doing their best towards enhancing access to justice especially for the pre-trial detainees. She encouraged them to do more as there were indeed more that could be done. In like manner, NULAI President, Professor Ojukwu challenged all law teachers to emulate the clinical method of teaching employed in fields like medicine to produce quality graduates. 3.1.2 Plenary Presentation: Overiew of Prisons/Pre-trial

detention and prisoners’ rights in Nigeria by Dr Amari Omaka.

Using the report of a comparative analysis of a prison visitation carried out by the National Human Rights Commission in 2007 and 2009, Dr Omaka of Ebonyi State University clearly brought to the fore the problems associated with the practice of pre-trial detention in Nigeria. He highlighted the problems encountered by the detainees such as congestion of prisons, inability to secure legal representation, incidences of missing case files, holding charge and general infringement of the rights of the detainees. The presentation concluded with recommendations on the way forward and a charge to law clinics to contribute their quota to enhance access to justice for the detainees.

3.1.3 Plenary Presentation/Brainstorming Session: The need (the concern and purpose) for and the Mission/Objectives of Prisons/Pre-trial detention law clinics by Dr Sam Erugo.


This interactive session facilitated by Dr Sam Erugo of ABSU Law Clinic brainstormed on the concern, purpose and objectives of establishing a prisons/pre-trial detention law clinic.

The presentation identified the following problems/concerns necessitating the establishment of a prisons/pre-trial detention law clinic:

- The high number of prisoners/pre trial detainees awaiting trial;

- The arbitrary infringements of the rights of pre trial detainees;

- Inadequate facilities in prisons and other detention centres;

- High number of indigent awaiting trial detainees;

- Ignorance/lack of awareness of their rights on the part of the detainees;

- The need to develop the capacity of law students in terms of knowledge, skills and value;

- The need to remind and inculcate lawyers/law students respectively of pro bono culture and community service;

- The need to rehabilitate prisoners/detainees; and

- The need to help law students understand the interaction between criminal law (theory) and the workings of the criminal justice system (practice).


On the objectives of the clinic, it was agreed that consistent with the needs/concerns raised above, the law clinics ought to develop solutions thereto.

The session agreed on the mission of the pre-trial detention law clinics as, the provision of access to justice for the indigent pre-trial detainees and the equipment of law students with the requisite knowledge, skills and value to facilitate the process of this access to justice; while the tasks and activities embarked on by the clinics should be such as is capable of achieving the objectives and solving the problems raised by the clients.

3.2 SECOND SESSION

Plenary discussion/workshop: Knowledge, Skills and Value (including ethics that could be learnt) in a prisons/pre-trial detention law clinic by Prof. Ernest Ojukwu.

This interactive workshop considered what were the basic knowledge, skills and values that the students involved in prisons/pre-trial detention ought to possess in order to effectively carry out their objectives of providing access to justice for the pre-trial detainees.

Facilitated by Prof. Ernest Ojukwu, the workshop considered the meaning of law clinics as the place where students work to provide access to justice and meet other legal needs of indigent members of the community/pre-trial detainees. Law clinics were compared with law firms with emphasis on the educational benefits of the programme and the need for proper management to inculcate that into the students at the foundational level.


The following were agreed as the requisite knowledge, skills and values that prison pre-trial detainee law clinic students ought to possess.

Knowledge

The students should have basic knowledge of the following areas of law, as well as the provisions/legal instruments and institutions involved in the criminal justice system.

A. Human Rights

i. Rights of prisoners (local and international)

ii. Fundamental Rights Enforcement Procedure Rules 2009

iii. Constitutional Rights (Chapter 2 and 4)

iv. Legal Aid Act

v. African Charter of Human and People’s Rights

vi. Prisons Act

vii. National Human Rights Commissions Act

viii. United Nations Minimum Rules on the treatment of prisoners

ix. Borstal Institutions Act

x. Child’s Rights Act

xi. International Covenant for Civil and Political Rights

B. Criminal Law

i. Criminal and penal codes


ii. Criminal procedure act/criminal procedure code

iii. Administration of Justice Laws

iv. Magistrates Courts Laws

v. NDLEA Act

vi. EFCC Act

vii. ICPC Act

viii. NAFDAC Act

ix. Immigration Act

x. Terrorism Prevention Act

xi. Customs and Excise Act

xii. Environmental Offences Law

xiii. Taxation Laws

xiv. International Criminal Court Statutes

xv. Road Traffic Laws etc.

C. Agencies/Institutions involved in Pre-Trial Detention/Criminal Justice Administration in Nigeria

i. Courts

ii. Police

iii. Nigerian Prisons Service

iv. Ministry of Justice

v. Office of the Director of Public Prosecutions


vi. Chief Judge

vii. National Human Rights Commission

viii. Legal Aid Council of Nigeria

ix. Nigerian Bar Association

x. Non Governmental Organizations

xi. Prerogative of Mercy Committee

xii. Ministry of Women Affairs etc.

Skills

The students are also expected to possess the following skills which are indispensable to the work of prison/pre-trial detainee law clinics.

1. Legal writing/drafting skills

2. Research/fact finding skills

3. Interviewing and counselling skills

4. Organizational skills

5. Advocacy/problem solving skills

6. Report writing skills

7. File management

8. Post interview analysis

9. Accounting skills

10. ADR skills

11. Time management


Value

The values agreed upon as relevant to the prison/pre-trial detention law clinic are include

1. Public service/pro bono culture

2. Confidentiality

3. Teamwork

4. Self confidence

5. Empathy

6. Non judgemental

7. Honesty

8. Inculcation of the rules of professional conduct

9. Obedience to prison rules and regulation

10. Diligence, humility, comportment etc.

3.3 THIRD SESSION

3.3.1 Workshop: Interview and Counselling Skills by Ernest Ojukwu.

In this workshop, Ernest Ojukwu took the participants through the basic guidelines of interviewing prisoners/pre-trial detainees. The workshop discussed the different types of interviews including general client interview, witness/expert interview and interviewing detainees as well as how to prepare and conduct an effective pre trial detention interview and counselling session.


It was highlighted that despite the fact that interview and counselling constituted a huge proportion of the work of the legal practitioner, no university or law school in Nigeria, prior to the introduction of clinical legal education, included the teaching of interview and counselling as part of its curriculum. This often resulted in lawyers being unable to conduct effective client/witness interview and a resultant inability to grasp the full facts of their cases. It was agreed that a significant portion of legal training should be devoted to training students in the acquisition of interview and counselling skills.

The workshop then highlighted the stages of interviewing detainees including welcoming the detainee, helping him tell his story, identifying his goals, giving the client options consistent with the goals identified, advising the client and effectively ending the interview.

As part of the workshop, participants were divided into six groups of three persons each to conduct a role play using a scripted case study provided by the facilitator. The three members of each group played the roles of lawyer, client and observer. The lawyers conducted the interview while the observers observed the session and afterwards reported at plenary, the extent of compliance with the interview guidelines as well as the facts elicited from the client. This was followed by an evaluation and critique of the performance by participants at a plenary.

3.3.2 Workshop: The Process of Initiating Criminal Proceedings by Ernest Ojukwu.

The aim of the last presentation for Day One was to demonstrate to the participants the various stages involved in the criminal justice


system from the time of arrest of an accused person to the time of prosecution resulting in either conviction or discharge/acquittal. The presentation which was an eye opener to most of the participants exposed them to the interaction between criminal law theory as taught in school and the criminal litigation practice. The stages identified (based on an interactive participation of all) include:

1. Arrest (mostly by the police)

2. Detention of the accused/suspect

3. The accused is charged (mostly at the Magistrate Court)

4. In offences of capital punishment, there is no arraignment (no plea is taken) as the Magistrate Courts lack jurisdiction. In such a case the charge is read without a pleas being taken.

5. The Magistrate Court declines jurisdiction but orders the remand of the defendant in prison, orders the Police to file exhibits and transfer the case file to the office of the DPP and report compliance at the next adjourned date, and then signs the remand warrant (usually two copies, one for the court and the other for the prisons).

6. The Magistrate adjourns the case for report.

7. The Court duty police and/or the bailiff takes the defendant with the remand warrant to the prison.

8. The prison authorities receives the prisoner/detainee with the warrant

9. The detainee is locked up in prison.


10. The prison authorities file the warrant and update their records/notice/data base.

11. The warrant is updated with each court appearance. 12. The file is transferred from the Police to the office of the

DPP for advice. (Here copies of the case file are made and letters written between the two offices involved.)

13. The DPP acknowledges the receipt of the case file, and the acknowledgment letter is filed in the Court in compliance with the Court order.

14. The DPP advises to prosecute or not to prosecute in which case prosecution commences or the detainee is released respectively.

The presentation highlighted the slow pace of the entire process and the difficulties that detainees or their relations often face in moving the process to the next stage. It was agreed that the objectives of the law clinic in providing access to justice for the detainees could be achieved by the students themselves since the majority of the work that needs to be done does not require the services of a legal practitioner. The teachers were then charged to enlighten their students on the above stages and advice them accordingly on steps to follow up identified cases from the prisons.

Debrief and wrap up for day one

In a closing remark it was agreed that the first day of the workshop had been an eye opener for the participants, who were then urged to develop a strong capacity in teaching and make themselves indispensable tools in the justice service delivery sector.


DAY TWO

4 PLENARY PRESENTATIONS

4.1 FIRST SESSION

4.1.1 Presentation: facilitating learning- curriculum development: preparing lesson plans; teaching methods; case studies; supervision and assessment of students in a clinic by Ernest Ojukwu.

This workshop was designed to prepare the participants on how to develop and prepare lesson plans and how to explore interactive teaching methodology as well as the use of case studies in supervising and assessing students involved in prisons/pre-trial detention law clinic.

The workshop highlighted the absence of a curriculum in all Law Faculties of Nigerian Universities, and decried the disconnect between the law teachers and the skills of teaching. The workshop identified the absence of a curriculum in legal education as the root of deficiencies in lawyering.

Providing the meaning of curriculum as a detailed plan for teaching, the workshop highlighted the essentials of a good curriculum and lesson plan model to include:

• It should be based on a body of theory about teaching and learning,

• Should target the needs and characteristics of a particular group of learners

• Must outline approaches, methods and procedure for implementation


• Must have the following contents

- Knowledge (including procedure)

- Skills (competence)

- Value (including ethics)

The presentation also considered the preparatory steps to take in drafting a lesson plan including:

• Identifying clear outcomes

• Reading relevant materials on the subject

• Setting out the scope of what is to be taught

• Considering the teaching methods, formats and activities

• Identifying what teaching aids and resources to use, and

• Agreeing on what assessment methods to employ.

The elements of a good CLE lesson as highlighted by the presentation were

• Substantive law, procedure, skills, ethics and value

• Objectives/outcomes- knowledge, skills and value

• Interactive teaching methodology/strategy; and

• Feedback/Evaluation.


While the lesson plan itself should capture the following

• Topic

• Outcomes

• Content

• Methodology/Activities

• Resources

• Evaluation

Mr Ojukwu urged the teachers to strive and make practical connections between different courses they teach with practical life to enable students appreciate them. He urged all teachers to go back and prepare lesson plans for their various courses.

4.1.2 Panel presentation: Existing curriculum models- ABSU, EBSU and UNIUYO moderated by Ernest Ojukwu and featuring Sam Erugo, Amari Omaka and Idorenyin Eyo as Discussants.

This presentation featured the Clinic Coordinators of ABSU Law Clinic, EBSU Law Clinic and UNIUYO Law Clinic Sam Erugo, Amari Omaka and Idorenyin Eyo respectively. The discussants presented their law clinics, the curriculum models, teaching methodologies, supervision and assessment of students in prison/pre-trial detention law clinics and other activities/programmes.

This was followed by a session of questions and answers especially by those who were yet to commence prison/pre-trial detainee law clinics. The session identified the absence of a comprehensive assessment template for scoring students. It was agreed that the


award of credit marks to students for the clinic work especially prison work was fair and important and it was necessary for all clinics to prepare and publicise a fixed assessment criteria.

The session also featured a presentation by the Clinic Coordinator of Ambrose Ali University Law Clinic, Mr Emma Akhigbe. From his experiences, it was identified that his clinic was not yet fully institutionalized into the Faculty as other Clinics but was still a Students volunteer clinic. He highlighted the efforts so far put in place to integrate the program, while receiving suggestions on how best to achieve that.

4.2 SECOND SESSION

Discussion/Brainstorming on Case Studies from Prison/Pre-trial detention on supervision and assessment of students.

This session facilitated by Ernest Ojukwu featured a case study whereby each participant was presented with a report from a prison/pre-trial detainee law clinic. The participants were asked to critique the report especially the recommendations of the supervisors using the standard of the follow up activities earlier highlighted in previous sessions. The session featured interesting comments as the participants critiqued the recommendations of the supervisors and agreed on the correct approach. The participants were then urged to inculcate the corrections into their clinic work.


4.3 THIRD SESSION

Group workshop: Drafting prison/pre trial detention curriculum and lesson plan.

The participants were grouped into five groups of four persons each and given the task of preparing a draft curriculum and lesson plan for prisons/pre-trial detention law clinics. The groups were presented with samples of other curricula as well as the report of the NULAI All Africa Law Clinics Conference held in Abuja in May 2011, in drafting their curriculum and lesson plan. The draft was to reflect contents, outcomes, activities to achieve the outcomes and the resources necessary to achieve them.

The list of the groups is annexed to this report as Appendix 8

The day’s activities came to an end with the groups urged to continue their individual work in preparation for submission the next day.

DAY THREE

5 DRAFTING CURRICULUM AND LESSON PLAN

5.1 FIRST SESSION

5.1.1 Reflections from Day Two

Day three began with a session of reflections of the previous day’s work especially the group work on drafting curriculum and lesson. This was done through a session of questions and answers to ascertain the level of progress so far made by the groups. The


session was moderated by Dr Sam Erugo, Dr Amari Omaka and Mrs Idorenyin Eyo.

5.1.2 Final group workshop: drafting prison/pre trial detention curriculum and lesson plan

The groups then continued with the final group work on preparing a draft curriculum and lesson plan for prisons/pre-trial detention law clinics.

5.2 SECOND SESSION

5.2.1 Address by Mr Godwin Odo of MacArthur Foundation.

The Representative of the sponsors of the workshop, MacArthur Foundation Mr Godwin Odo used the opportunity to address the participants. He identified pre-trial detention as one of the biggest challenges facing the criminal justice system in Nigeria and decried the inability of the Ministry of Justice to achieve the objective of prison decongestion in spite of the huge resources spent on that project. He praised the participants for their commitment while assuring them of the Foundation’s continued support of NULAI programmes.


5.2.2 Group Presentations of draft prison/pre trial detention curriculum and lesson plan: review of group drafts and harmonization.

After the final group work, the five groups were given opportunity to present the report of their work, the group’s draft curriculum and lesson plan. Each group nominated a person to present the group draft on behalf of the group and this was followed by discussions and critique on the drafts by the participants.

5.3 THIRD SESSION

5.3.1 General discussion/critique and approval of final draft of prison/pre trial detention curriculum and lesson plan

The last segment of the workshop was the harmonization of the various groups’ drafts into one final draft and this was followed by a general discussion and critique of the final draft.

5.3.2 Wrap up/challenges/way forward

The workshop drew to a close with words of commendation from the NULAI President Ernest Ojukwu who expressed his delight at the successful conclusion of the workshop, evidenced by the drafting of the curriculum and lesson plan. He congratulated the participants as being the first set of people in Nigeria to successfully draft a curriculum.


On behalf of the participants, Dr Amari Omaka representing the teachers and Solomon Alo representing the students expressed their appreciation to the organizers for organizing the workshop and for their efforts towards reform of legal education in Nigeria. This was followed by a closing prayer said by Dr Amari Omaka.


CHAPTER 13

Guide to Law Clinics Wishing to Engage their Students in a Prison Pre-trial Detainee Law Clinic: A Student’s Experience

By Orji Agwu Uka2

1. PRE TRIAL DETENTION/CRIMINAL JUSTICE

CLINICS

The focus of the Pre Trial Detention/Criminal Justice Law Clinics

is to provide interventions at various stages of arrest and detention

for awaiting trial detainees and also ensure the enforcement of the

applicable fundamental rights.

There is a general focus on fundamental rights with emphasis on

cases involving children and women in prison, indigents awaiting

2 Orji Agwu Uka wrote this guide soon after completing the last examination for his Bachelor of Law Degree. He was the Student Head of ABSU Law Clinic, Abia State University, Uturu Nigeria.


trial, suspects who have spent unduly long period in detention, and

similar cases. Under this project, the clinicians in pre-arranged

groups move the Clinic work to the prisons to meet target

detainees, conduct interview/counselling sessions, take statements

and endorse the files for further work at the clinic under the

supervision of staff clinicians. The clinics then carry out a variety

of services for the cases identified.

All human beings have the right to enjoy respect for their

fundamental rights and liberty. It is axiomatic that, without an

efficient guarantee of the liberty and security of the human person,

the protection of other individual rights becomes increasingly

vulnerable and often illusory.3 Yet, as is evidenced by the work of

the international monitoring organs and recent assessment by the

different Law Clinics in Nigeria, arrests and detention without

reasonable cause, and without any effective legal remedies

available to the victims concerned, are commonplace.4

In the course of such arbitrary and unlawful deprivations of liberty,

the detainees, most of whom are poor and uneducated, are 3 United Nations Office of the High Commissioner for Human Rights, “Human Rights and Arrest, Pre-trial Detention and Administrative Detention” in Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers. New York: United Nations Publications, 2003 page 161. 4 ibid


frequently deprived of access to legal representation and to their

own families. They are also subjected to torture and other forms of

ill-treatment.

For this reason, the Universities and Law School based Legal

Clinics have established Pre Trial Detention/Criminal Justice Law

Clinics in an attempt to take justice to the underserved. This essay

will thus provide an easy to do analysis of the basic steps involved

in the process of prison visits. It is based on my experience as a

law student in a law clinic working on prison pre-trial detention.

OBJECTIVES

Specifically, this essay seeks to provide some guide to Law Clinics

wishing to commence activities as a prison pre-trial law clinic.

2. STEPS TO COMMENCING A PRE TRIAL

DETENTION/CRIMINAL JUSTICE LAW CLINIC

Step 1: Writing to the authorities

The first step in commencing Pretrial Detention Clinic work is to

write an application to the prison authorities. The letter is usually

directed to the Assistant/Deputy Comptroller of Prisons in charge

of the particular prison.


Ordinarily, prisoners/detainees are entitled to be visited, and

lawyers especially have a right to visit the prison without notice.

However, due to the usually large number of clinicians involved,

and the consequent logistics involved, the prison authorities

usually and understandably require application/notice for prison

visits at least one week before the intended visit. This is even more

obvious in view of the precarious security situation in the country

and the consequential challenges it poses to the security agencies.

It is also preferable to submit to the prisons before the visit, a list

of intended detainees/categories of detainees to visit. Although

different clinics have peculiar preferences, the usual categories are

detainees awaiting trial as opposed to convicted persons, detainees

who have spent unduly long period of time in prison without trial,

detainees who have no legal representation and cannot afford

same, children, women and other vulnerable groups etc.

It is also advisable, especially for the Clinics embarking on prison

visits for the first time to pay courtesy visits on the Deputy or

Assistant Comptroller of Prisons or whoever is in charge of the

particular prison. Such visits provide the Clinicians with the

opportunity to advocate inter alia for increased access to the

detainees, right to privacy for the detainees during the interview

sessions, access of the records of the inmates to facilitate


processing of their cases as well as improved welfare conditions

for the detainees.

Such visits also provide the clinics with the opportunity to

establish a good working relationship with the Prisons authorities

especially the Welfare and the Records Department of the prisons

whose offices are central to the success of the exercise.

Step 2: Organizing Pre Prison Visit Workshops

The next step in the process is to organize series of Pre Prison Visit

Workshops. The objectives of the workshops are usually:

• To sensitize the students, stakeholders, the faculty and the

general community on the Prisons Service Clinic;

• To bring together and elicit the cooperation of all

stakeholders for the Prisons Service programme;

The workshop should aim to bring together stakeholders in the

Criminal Justice System like the Prison Officials, Police, Lawyers

and Judicial officers.

A separate workshop or students’ preparatory meeting should also

be organized with the following objectives:

• To train students to understand the nature of Prisons service

work, applicable rules and legal instruments;


• To identify and list the legal needs of all categories of

prisoners;

• To prepare the students adequately to conduct prison visits

and interviews at the Prisons for purposes of legal aid

and/or advocacy;

• To identify the rules of prison visits, interviews and

reporting;

• To train students to successfully conduct live interviews

and be in a position to counsel and render services to the

prisoners;

• To teach students how to use the Clinic Data Forms;

• To train students on data they should obtain;

• To train students on how to write reports;

• To identify the available legal aid facilities presently

available to the prisoners; etc.

Step 3: Conducting the Prison Visit

After the Pre Prison visit workshop comes the prison visit proper.

It is important to keep to time so that the visit can be worthwhile.

The effects of failure to keep the appointment or lateness include

haphazard visits, inability to obtain the basic information required,

waste of resources on follow up visits to obtain information that


ought to have been obtained from day one and it does not generally

paint the clinic nor the students in good light.

At the prisons, students are required to meet with the Prisons

officials at the gate, sign in officially and subject themselves to the

requirements of the individual prisons (e.g. submitting their phones

at the gate), after which the students proceed to meet with the

detainees. Do not forget to respect all the rules and regulations in

conducting prison visits.

How to conduct an effective prison visits

1) NORMAL VISIT: A suitable place is usually created in

every prison for visits between detainees and their relatives

or friends. The Prisons provide a table and chair for this

purpose. The prisons rules mandate the warder supervising

the visit to see and hear everything going on and employ

the services of an interpreter, if need be.

2) VISIT BY A LAWYER: The same rule applies except

that the warder supervising the visit shall be able to see, but

not hear what is being discussed to safeguard client-counsel

confidentiality.

3) CONDEMNED INMATE VISIT: In this case, the

Lawyer or any visitor shall be within sight and hearing of at

least two prison officers.


Other Important Things to Note When Conducting Prison

Visits:

A) Application to visit a detainee must first be approved by the

Comptroller in charge of the Prisons or his representative

before the visit is conducted.

B) Visits to detainees shall normally take place between

07:30am till 4:00pm on weekdays. On weekends, the visits

are usually restricted.

C) Prisons officers in-charge of visits are usually alert and

vigilant with all senses of observations to forestall the

smuggling of prohibited articles, uncensored information,

poisoning, etc. So Clinic students should refrain from such

conducts to avoid embarrassment to them and to the Clinic.

D) The correct procedure for the acceptance of money or other

articles e.g. soup, prescribed drugs, etc, bought for a

prisoner is to deposit same at the records office for entry

e.g. money is deposited in cash book or articles in property

book or form 40.

E) Not more than three persons are allowed to visit a detainee

at one time. Substituting one visitor for another will be

permitted once only.

F) Ex-detainees are not permitted to write or visit a serving

detainee, except in the case of a near relative, husband,

wife or child.


G) All food items permitted to be brought in for detainees,

must be tasted before the warder by the relative before the

detainee is allowed to take it.

H) Babies carried by an adult can be carried in, but a person

under the age of 15years cannot be permitted to enter for

purpose of visiting.5

Step 4: Interview with Detainee/Interview Templates

During the interview, the Clinician is expected to follow the

template below:

• Start with Introductions; inform the detainee what the clinic

does and how he can benefit from the clinic’s services.

• Obtain the detainee’s personal details.

• Inform the client of the confidentiality of all information

obtained from him.

• Allow Client tell his story in detail, with little or no

interruption, using active listening skills.

• Enquire what steps (if any) has been taken in the case e.g.

whether he has been charged, what stage the case is e.t.c.

• Very importantly, find out whether or not he has a Lawyer.

5 Being excerpts of a lecture delivered by the Asst. Comptroller of Prisons, Okigwe ably represented by Onywukwu M.C. ASP on the occasion of the ABSU Pre/prison visit workshop held on 15th July 2010 at the Faculty of Law, Abia State University Uturu.


• Carry out a means test to determine his eligibility for legal

assistance.

• If applicable, obtain contact of family/relations for

purposes of follow up.

• Assist the client complete the pre trial detainee’s form.

• End the interview effectively.

Step 5: Ethical Rules in conducting visits

• Students are expected to exhibit the highest level of

courtesy and professional code of conduct in the course of

the interview.

• The rules of confidentiality apply to all information

obtained from the detainee, and so students should preserve

all information obtained from the detainee, disclosing it to

no other person except their Supervisor.

• Students would be expected to address the detainee in the

language he/she understands.

• Students should avoid giving assurances to the detainee.

• Note taking in the course of the interview is allowed but

note that the rule of confidentiality also applies to the notes.

• Students should be prepared where necessary to provide

candid, honest and quality advice to the detainee.

• Please do not advice or collude with the detainee to commit

an offence.


• Avoid giving gifts of money or kind to a detainee/prisoner,

all gifts must be approved by the prison officials.

Step 6: Debrief

At the end of the visit, students are expected to meet for the

purposes of comparing notes, sharing experiences and observations

on the prison visit and the interview process. The debrief would

also serve as the avenue to evaluate the entire process using the

evaluation forms to be given out to the students.

Step 7: Report Writing

Students are expected to write and submit reports of the interview

to their clinic supervisor.

The reports should contain a brief summary of the facts as obtained

from the detainee, a brief description of the client’s legal problems

e.g. the offence charged or suspected, whether any steps have been

taken in the case, whether the detainee has or can afford legal

representation, whether the detainee qualifies for legal assistance

using pre-agreed criteria.

The report should also contain a recommendation to the Clinic on

whether or not the Clinic should assist the detainee, and what steps

(if any) should be taken.


Step 8: Follow Up

Depending on a number of factors, including whether the detainee

qualifies for legal assistance, possibility of success in his case, and

of course availability of resources, there may be need to carry out

follow up visits on some of the cases selected from the prison visit

using the earlier stated criteria. The follow up comes in various

forms:

• Follow up visits to prison to ascertain veracity of the stories

provided by the client, or to fill gaps in the story;

• Meeting relations of the prisoners/detainees;

• Meeting Investigating Police Officer (IPO), Director of

Public Prosecution (DPP), Attorney General, Chief Judge,

etc;

• Referrals to Bodies/Organizations with similar goals;

• Engaging Lawyers to do cases pro bono/referrals to NGOs

and similar bodies; etc.

Step 9: Referrals of cases

The next step after following up on the identified cases is to refer

those cases to other bodies who can then act to ensure access to

justice for the detainees. Depending on the resources available, the

Law Clinics can, and indeed have been able to institute actions in

Courts on behalf of detainees, or secure Lawyers to handle such


cases. But most often, the option available to the Clinic is to refer

the case to another body or agency.

There are a number of Governmental and Non Governmental

Organizations that work to secure justice for the poor. Such bodies

regularly accept cases from individuals and other bodies and

provide a range of services to the clients. One of the factors that

contribute to the under utilization of such programs is the chronic

lack of awareness about the existence of such programs. The Law

Clinics can thus greatly assist prison detainees by simply linking

them up to such bodies, more so if the Clinics already have an

established relationship with such bodies.

The Governmental and Non Governmental Organizations and

Agencies in Nigeria that provide free legal services to indigent

persons, or which play complementary roles with NULAI include:

• UNICEF Child Protection Network (CPN)

• International Federation of Women Lawyers (FIDA)

• Law Firms/Individuals

• Legal Aid Council of Nigeria (LACON)

• National Human Rights Commission (NHRC)

• Nigeria Bar Association

• Prisons Rehabilitation and Welfare Action (PRAWA)


• Rights Enforcement and Public Law Centre (REPLACE)

• Human Rights Laws (HURILAWS)

• Justice Development and Peace Commission

• Civil Liberties Organization

• Public Interest Law Firms

• Public Interest Lawyers

The best approach to utilize the opportunities available through

this mechanism is to establish contact with the bodies early enough

through Courtesy/Advocacy visits to intimate them of the activities

and challenges of the Law Clinics. You can contact NULAI for the

contact details of the organizations covering your location.

Step 10: Advocacy Visits

Law Clinics can also embark on Advocacy Visits to the Chief

Judge of a State as well as the Attorney General/Director of Public

Prosecution. Other vital stakeholders that can be visited are the

Comptroller of Prisons and the Commissioner of Police/ Divisional

Police Officers (DPO). The advocacy visits serve as veritable

media to draw the requisite attention and awareness to the

activities of the clinics as well as advocate the enforcement of the

right of the detainees.


Step 11: Jail Delivery Exercises

Participating in Jail delivery exercises is another avenue Law

Clinics can utilize to provide access to justice to the prison

detainees. Jail delivery visits are conducted by Chief Judges of

States whereby they conduct Court sessions in the prisons and in

the process order the release of detainees. The exercise forms part

of the concerted efforts of Government to decongest the prisons.

Jail delivery is traditionally held once in a year and is usually an

opportunity for the Courts to come up to terms with the level of

decadence in Nigeria's criminal justice system and have firsthand

information on the hardships faced by the prison detainees. The jail

delivery exercises also provide opportunity to draw the necessary

attention and government awareness to the need for urgent

decongestion and rehabilitation of the prison.

Typically, before embarking on the visit, the Chief Judge invites a

number of civil society organizations like the Legal Aid Council of

Nigeria (LACON), Civil Liberties Organization (CLO) etc to be

part of the exercise. The Law Clinics can also be part of the

exercise and indeed some clinics have successfully taken part in

jail delivery exercises over the years leading to the release of some

of their clients.


The procedure to take part in the jail delivery is to pay

courtesy/advocacy visits to the Chief Judge of the State, to inform

him of the activities of your clinic and formally request to be

invited for subsequent jail delivery exercises. Such opportunities

can be utilized to advocate the inclusion of some of your cases in

the cause list. From experience, Chief Judges have always

indicated preferences for such cases as those that have spent a

considerable period of time in detention without trial.

When the request is granted, your clinic would get a notice of the

next scheduled exercise. Your clinic would need to secure the

services of a lawyer as the jail delivery has the effect of a court

sitting.

3. SAMPLE PRE TRIAL DETENTION FORMS

FORM 1: INITIATIVE CLIENT CONTACT FORM

1. NAME OF CLIENT………………………………

2. ADDRESS ……………………………………….

3. TELEPHONE NO………………………………….

4. NAME OF INTERVIEWER ………………………..

5. PHONE NO OF INTERVIEWER…………………….

6. BRIEF DESCRIPTION OF THE NATURE OF THE

PROBLEM


CATEGORY

FOLLOW UP/ DATE ACTIVITY

CATEGORY PROJECT OTHER

REFERRAL

CLOSE

D


FORM 2: CLIENT’S APPLICATION FORM

I, the undersigned do hereby apply for Legal Assistance from

……. Law Clinic and hereby certify that the information furnished

hereunder is true and correct.

1. SURNAME………………………………………………..

2. OTHER NAMES………………………………………….

3. HOME ADDRESS ……………………………………….

4. CONTACT ADDRESS (IF DIFFERENT FROM

ABOVE)……………………………

5. TELEPHONE NO(S)……………………………………..

6. GROSS ANNUAL INCOME……………………………..

7. GROSS ANNUAL INCOME OF SPOUSE (IF LIVING

TOGETHER) ……………………………………

8. FIXED ASSETS DESCRIPTION ……………………

9. VALUE OF FIXED ASSETS……………………………

10. ENCUMBERANCES TO FIXED ASSETS ………………

11. OTHER ASSETS (VALUE) ……………………………

12. HAVE YOU CONSULTED/BEEN VISITED BY ANY

OTHER ATTORNEY ABOUT THIS PROBLEM?

YES/NO


13. IF YES, PLEASE INDICATE THE NAME, FIRM

ADDRESS AND TELEPHONE NO OF THE

ATTORNEY ……………………………………………

14. IS THE ATTORNEY STILL ACTING ON YOUR

BEHALF? YES/NO

15. SIGNATURE…………………. DATE…………………

FORM 3: INFORMATION SHEET

FILE REFERENCE NO ………………………………………

SURNAME ……………………………………………………

FIRST NAMES …………………………………………………

HOME ADDRESS ……………………………………………

WORK …………………………………………………………

TELEPHONE

HOME……………………………WORK…………………

OTHERS…………………………………………………………

AGE ……………………………. SEX …………………………

ID NO………………………………………………………….

OCCUPATION (BEFORE ARRREST)…………………………

MARITAL STATUS: MARRIED/SINGLE/WIDOWED

IF MARRIED: SPECIFY IF MARREID BY: CIVIL

RITES/CUSTOMARY UNION

NO OF DEPENDENT CHILDREN ……………………………


NAME AND ADDRESS OF PARENT/GUARDIAN IF CLIENT

IS A MINOR …………………………………………………..

TEL NO …………………………………………………………

NEXT OF KIN …………………………………………………..

ADDRESS ………………………………………………………..

TELEPHONE NO ……………………………………………….

FORM 4: FOR OFFICE USE

1. NATURE OF PROBLEM(S)

2. RECOMMENDATION FOR INTAKE

NAME OF SUPERVISOR/COUNSEL …………………………

SIGNATURE ……………………………………………………

DATE ………………………………………………………………

DECISION ON INTAKE


COORDINATOR …………………………………………….

SIGNATURE ……………………………………………………

DATE …………………………………………………………..


CLINICIAN’S REPORT

NAME …………………………………………………………

SIGNATURE ………………………… DATE …………………


SUPERVISOR’S COMMENTS

NAME ……………………………………………………………

SIGNATURE …………………DATE ………………………..


4. COMPLETING PRE TRIAL DETENTION FORM

The Pre Trial Detention Data collection forms should be taken to

the prison and completed by the Clinician and the Detainee as the

case may be. Clinicians should also be prepared to assist the

detainees where necessary in that regard.

The forms should then be submitted to the Clinic Coordinator or

Supervisor assigned to the case for his assessment and possible

endorsement for further work.

5. POST INTERVIEW SKILLS

The basic post interview skills that students ought to have are

Report Writing Skills and File Management Skills. As earlier

highlighted, the reports should contain a brief summary of the facts

as obtained from the detainee, a brief description of the client’s

legal problems e.g. the offence charged or suspected, whether any

steps have been taken in the case, whether the detainee has or can

afford legal representation, whether the detainee qualifies for legal

assistance using pre agreed criteria. The report should also contain

a recommendation to the Clinic on whether or not the Clinic

should assist the detainee, and what steps (if any) should be taken.

After the submission of reports, there is also necessity for effective

file management of the client’s file.


6. ACRONYMS AND ABBREVIATIONS

AAU Ambrose Ali University

ABSU Abia State University

AG Attorney General

CLO Civil Liberties Organization

CPN Child Protection Network

DPP Director of Public Prosecutions

EBSU Ebonyi State University

FIDA International Federation of Women Lawyers

JDPC Justice Development and Peace Commission

IPO Investigating Police Officer

LACON Legal Aid Council of Nigeria

NHRC National Human Rights Commission

NULAI Network of University Legal Aid

Institutions

PRAWA Prisons Rehabilitation and Welfare Action

REPLACE Rights Enforcement and Public Law Centre

UNIABUJA University of Abuja

UNICEF United Nations’ Children Fund

UNIUYO University of Uyo

The Manual on Prison Pre-trial Detainee Law Clinic provides detailed curriculum, lesson plan, methodology and activities to guide the training of law teachers, law students, paralegals and other prison criminal justice practitioners working in Prison Pre-trial Law Clinics or other criminal justice, human rights and access to justice projects and programmes in Nigeria.

The Manual supports the Handbook on Prison Pre-trial Detainee Law Clinic that provides the basic text for law teachers, students and supervisors in a prison, human rights, access to justice and criminal justice clinic or programme.

Trainers, teachers and students will find this Manual very useful.

The Manual is written by Ernest Ojukwu an experienced cl inical law teacher and Odinakaonye Lagi a human rights training facilitator in Nigeria.

N U L A IN I G E R I A

Network of University Legal Aid Institutions

manual on prison pre-trial detainee law clinics

Documents

clinic law teachers

role of law clinics

nigerian law school

prison pretrial detention

human rights of prisonerspre

international conferences

report writing

ch ilds rights