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Category Archives: Law

THE PLIGHT OF INDIGENT INMATES IN NIGERIA.

BY: SOLUMTOCHUKWU .P. OZOBULU ESQ

prinsoners

Natasha(not real name) gazing at the blue sky inhales deeply as she steps out of the Makurdi medium security prison where she has been incarcerated for close to ten (10) months awaiting trial. She stood fixed tormented by the thoughts of her experiences in prison custody. Just like flashes of lighting her mind wandered from the beating she got both from fellow inmates and prison warders alike on different occasions, the apology called food, the odour that serves as air freshener to the air tight cell rooms that made her feel choked most times. She did not forget the moments without sanitary pads and underwear or the moments when she had to alternate between sleeping on the bedbug plagued mattress and the bare ground. At this point tears dropped like the rain and flowed down her chin as she remembers the few friends she made in custody who are not free from the hunting/inhumane treatments.

There has been an awakening to the quandary of inmates in our Nigerian prisons, the gross terrible condition they live in and the very harsh situation they have found themselves in. Over the years, there has been serious concern about the state of the Nigerian prisons, because of the dilapidated state of the buildings, the quality of health care received by the inmates, abuse of human rights and the congestion of the prisons. The Prison system in Nigeria ought to serve as an institution of correction, reformation and rehabilitation; geared towards disabling its inmates from further criminal pursuit but this is not the case.

There is an ill-conceived believe that prison inmates have no rights within the general population. Their rights may be limited; but they have a degree of human and civil rights that is guaranteed by the Constitution, by international conventions and the UN Declarations. For instance, the UN General Assembly adopted the Basic Principles for the Treatment of Prisoners otherwise known as the “Mandela Rule”, on December 14, 1990, which guarantees the basic human rights of prisoners. Therefore, prisoners cannot and should not be subjected to cruel and unusual punishment; they are to have full access to due process and equal protection and should not be discriminated against. Inmates are to be protected against discrimination and not to be subjected to inhuman and degrading punishment which borders on abuse of their rights. Furthermore, they are entitled to adequate medical and psychiatric care. And their physical safety must also be assured at all times.

Another primary concern surrounding the Nigeria Prison system is the congestion of the Nigeria prisons which, has been a major concern for almost a decade, among stakeholders in the country. Congestion constitutes a major problem creating a negative effect on the welfare of the inmates in the Nigeria prisons. On further investigation it was discovered, that an average Nigerian prison contains three times more persons than its capacity.  For example, the Makurdi Medium Security Prison has an Original capacity of 240 inmates however, as at March 2019; there were over 975 inmates in detention. Of this number, over 623 are still awaiting trial. Several writers have identified congestion as a major problem facing the Nigeria prisons which has exposed the inmates to improper health conditions, claimed the lives of some inmates and put enormous pressure on the prison infrastructure.

The genesis of this problem can be traced to poor administration of criminal justice in Nigeria and unethical activities of the Nigeria Police which has constantly threatened the physical, mental and social well-being of inmates. Consequently, the Nigeria prison has failed to achieve its major role of rehabilitation and reformation of inmates but rather the scenario has been that of dehumanizing situation and hardening of the inmates.  The congestion of the Nigeria Prisons lays a foundation for a whole bunch of other pressing issues that directly deal with the welfare of prisoners ranging from the quality and quantity of food they are served to the quality of water for drinking and domestic affairs, to mattresses they sleep on, and the list goes on and on.  This cause definitely comes along with its appalling effects which are not limited to but include; poor sanitation, poor medical services and increase in human right abuse. The congestion of the Nigeria prison is gradually leading to an apparent decay not just of the horrifying infrastructures but also of the institution as a whole. We can consequently say that the Nigeria Prison system is a walking corpse gradually edging it is way to an end, if no severe holistic intervention is put in place.

The Panacea to this nemesis of congestion of prisons and abuse of prisoners’ right in Nigeria includes but not limited to:

  • Establishment of more prisons.
  • Upgrading of existing prisons to meet with international standards in order to improve the welfare of prisoners.
  • Capacity building for prison officials in order to carry out their duties within the ambit of human rights.
  • Establishment of committee for monthly supervision of the prisons by the Minister of Interior.
  • Domestication and Effective implementation of Administration of criminal justice Act by states government.
  • Provide tools and access to education and skill acquisition for Inmates.s
 

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LAWYERS ALERT SECURE ANOTHER BAIL

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Our dedication to the protection and enforcement of Human Rights.

The legal department in line with the vision and strategic plan of the organization and in line with our commitment towards de-congesting the prison, through rendering pro- bono services to indigent inmates visited the Makurdi prison sometime in February.  The legal team came across a peculiar case of a young man who was arrested on his first visit to the state for a contract. The incident occurred on the 10th of November 2018 at about 11am, while he was waiting to be served his meal in a restaurant in Makurdi, a group of young men mobbed him and leveled some accusations against him based on the fact that he was an unfamiliar person in the neighborhood. He was taken to the police station and his working tools were confiscated. He was brutalized, maltreated, deprived of some basic human rights while in police custody. He was eventually remanded in the Makurdi Medium Prisons. He was without legal representation between November 2018 and February 2019 when the legal team came to his rescue.

Upon further investigation we realized that he had two First Information Report (FIR) drafted against him and that on both FIR all the other accused persons totaling about twenty(20) persons had already been granted bail.  Moved by the circumstances surrounding his arrest and subsequent remand; we drafted and filed the necessary bail processes at the appropriate court.  After several adjournments the matter was transferred to two separate courts. Empowered by our vision we did not give up, rather we tenaciously pursued the matter in the two courts were the mattered has been transferred to.

The next hurdle before us was to ensure that the two courts grant the bail applications before them. Eventually both bail applications were heard and graciously granted. Armed with this good news we visited the prison to inform him of the new development and get a contact outside the prison that could help with processing the already granted bail. We got in contact with his sister who came into town and visited the office on Thursday. She was grateful to the office for the help of LAWYERS ALERT in securing her brother’s bail. On Friday the 26th of July 2019, all bail conditions were met and Harrison Igweonu was released from prison custody.

 

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MY RETREAT STORY

by Elvis Torkuma

1st March to 3rd 2019, Lawyers Alert held her annual retreat. I left Abuja for Makurdi Benue State Capital with Rapheal Didel our hard working Office assistant, Ellen Onougha our legal officer and Blessing Mase our Finance Officer; we were driving in a convoy of four cars with the police escort in front of us, we stopped at Masaka to fuel our cars and then the unexpected happened, my car broke down I did my best but the car did not start, my colleagues drove off as the time was running against us leaving me, Ellen, Blessing and Raphael. Raphael also did his best  by  proffering  suggestions  but it wasn’t helpful at this point  I started  losing hope of traveling  with the car and how to get out of the ugly situation, after few minutes my program Director Miss Roseline Oghenebrume called me to find out if there was any positive development but I told her there is none at the moment, she then asked me to park the car in the filling station and hire a taxi that will take us to Makurdi, I then called my friend who has a taxi but he rather added to my worries as asked me to  pay him N50000, an outrageous money to pay for a journey of 4hrs, Suddenly the police escort team returned with my program director to assist us with bags.  One of the officers then asked me to start the car again I did and the car picked without wasting time  I drove off and had a successful journey without further challenges; we arrived Makurdi at about 6: PM

We got to the hotel  tired,  we were all expecting to have our bath and rest due to the stressful time we had on the road, we got lodged but the hotel was not a good state as there was limited water, the AC’s were not cooling and some TV’s were  not showing. I then saw a written on the toilet door, (WATER IS EXPENSIVE CONSERVE IT); at this point I knew I was in for another unsuitable experience. I managed the small water I saw to bath. In the evening we had a wonderful seat out with my colleagues, we had enough drinks, barbecue and pepper soup with good music. It was a memorable evening after a hectic day.

The next day we had aerobics in the morning and then proceeded to the venue of our Retreat which is at NO6, Alhmadu Bello Way Old GRA Makurdi Benue State,Lawyers Alert Head Office. DAY 1 of our retreat was an internal meeting where we discussed issues regarding team bonding, organizational Goal, Vision and Mission this was in a way to better integrate some of our new staff into organizational goal, vision and mission, our Consultant Mrs Hadiza was amazing as she was very diligent in making sure we all understand the goal of Lawyers Alert, Values of the organization and our responsibilities as staff. Then it was it TEA BREAK, another ugly episode. They brought us TEA BREAK, a slide break wasn’t well wrapped and the president Lawyers Alert Mr Rommy Mom was disappointed at caterer. He ended up not eating the food likewise others, although I managed and ate the food. After then we continued with our meeting which was participatory and interactive as almost everybody contributed to issues raised. We had lunch when it was lunch time this time the caterer served us a tasty meal. We later conveyed and discussed on few things and then we closed. As it is rightly said, Work without Play Makes Jerk a dull boy! I was just waiting for evening hangout to refresh myself with cold drinks, meat and good music as usual. We later hanged out as I was expecting, we had enough fresh fish to eat, cold drinks with good music.

 

DAY 2. We continued with our retreat on day 2 with our partners in attendance, our 2018 strategic plan was reviewed along with our partners inputs were made. After reviewing our 2018 strategic action plan we also presented our 2019 annual strategic action plan for our partner’s  to make inputs in other to have a robust and  inclusive action plan for 2019. After an interactive session with our partners, they made lot of inputs into our 2019 strategic annual plan we then harmonized their inputs and make 2019 strategic annual plan a document. After a hectic day with our partners in drafting the  2019 strategic plan I was patiently waiting for evening to come so that I will have a hangout with my colleagues, it was going to be a different  evening compare to others  because we were to share gift. I was not having much money to buy an expensive gift but I bought an affordable gift. We went to back to our hotel after the meeting and later gathered at the hotel garden as usual for gift session, we didn’t factor drinks because we were to club that night at Harley Day Inn, we exchanged gift had light drinks and went back to prepare for the night club. All these while I was waiting to see how some of my colleagues will dance at the club due to their conservative behaviours and perceived  low social exposure, these were my thoughts. We then moved into the club at about 9:PM at the VIP, unfortunately the VIP which could have contain us had cooling problems , we had to move out to regular, to my greatest surprised some of my colleagues I thought were reserve were the ones who actually made the club rock that night. Although Mr Hwande dance steps were from another planet, he was the side attraction for me,  and my program director Roseline danced very well, I saw wonderful dancing steps from many of colleagues, Somto, Ellen, Leslie, Mary and the President Lawyers Alert himself Mr Rommy, It was indeed fun and an amazing experienced.

On Day 3.Our supposed final day of the retreat was a very short we only did the recap of the retreat, we spend few hours doing the recap, what went wrong, what went right and what the way forward. We then had Tea break and lunch within an hour interval. We snapped pictures and closed for that day. Although one thing was certain, evening hangout; we later had hangout as usual, had drinks listen to good music and then we both went in our rooms and slept. My retreat was very memorable I had awful moments and interesting moments which made it a memorable retreat. I must appreciate the management of Lawyers Alert for making our retreat fun and entertaining despite challenges we had in the hotel. The provision of drinks, good meal, clubbing and logistics made my retreat interesting. I am again looking forward for 2020 Lawyers Alert again by the special grace of God. God bless Lawyers Alert and long live our partners.

 

 

Elvis Torkuma is the Project Officer of Lawyers Alert and participated in the 2019 staff retreat.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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PETTY OFFENCES; THE NIGERIAN CONTEXT

By Roseline Oghenebrume, Director Programs, Lawyers Alert

 

 

 

 

 

 

 

 

Dawn sets in the suburbs of the Federal Capital Territory, Abuja, Nigeria. Alhaji Abubakar (Pseudo name) after his morning prayer wakes his family up to begin the grind for the day. His family comprises of two sons and a daughter all aged 15, 13 and 11 respectively. In his words, it is Monday, you have to meet up with travelers at the Jabi Motor Park or else no food for you all. They begin their journey on foot for a 5km walk with their goods to be sold off on their heads. While they approached the park, they sighted the task force team and obviously took to their heels. While the eldest was lucky to have escaped, the two others were swept off the roads in the van of the task force and their goods seized.

These types of petty acts that are seen as offences is regrettably targeted at low income earners, the vulnerable and the poor. For instance, citizens engaged in activities such as loitering are arrested by security agents shouldered with the responsibility of enforcing these laws. In one instance, someone hawking goods in trying to escape arrest jumped off a fly over in Abuja Central District Area, losing his life in the fall. Security agencies go out at night arresting women and breaking people’s doors, dragging them out on account of their sexual orientation and perceived type of job. Commercial bus drivers trying to eke a living are said to commit offences when parked in a non-designated area and can be sent to jail if they don’t come up with the resources to pay their way through. The above is a picture of what a less privileged family/ citizen in Nigeria deals with on a regular/daily basis.

Nigeria is a country with a population of about 180 million persons with over 70% of its population said to be poor. Nigeria recently ranked highest in poverty according to a report by the World poverty Clock released in June 2018.  This shows that the Nigerian criminal justice system cannot effectively cope in keeping with this high population with regard to arrest and prosecution nor does it have the prison to hold these persons.

As it stands today, Nigeria has about 75,000 persons in prison with about 60% of these persons awaiting trial. Those awaiting trial for petty offences account for a higher percentage of those awaiting trial. Petty offences are more to do with the poor and vulnerable who are often prone to these acts owing to economic dis empowerment. Petty actions like hawking, obtaining goods by false pretence, sex work, sexual expression, slander, conduct likely to cause a breach of the peace, use of insulting language, intake of alcohol in some Northern States, etc. are criminalised.

Petty offences are not only inconsistent with sections 34, 35, 41 and 42 of the Nigerian Constitution, which provide for right to dignity of human person, right to personal liberty, right to freedom of movement and right to freedom from discrimination respectively, but are equally inconsistent with Articles 2, 3, 5, 6 and 18 of the African Charter on Human and Peoples Rights duly ratified by Nigeria.

The effect is State resources are expended in rather needless investigations and prosecutions and the prisons congested. Good governance, more attention at economic empowerment and fighting corruption by Government will be more in focus if Government is not distracted by expending resources on petty offences that are criminalised. Petty offences have resulted in lack of justice for the poor, social discrimination sometimes with grave consequences.

We at Lawyers Alert strongly believes that decriminalising petty offences in Nigeria will aid development given the likelihood of more time and focus on development issues.

Based on the above, the following are recommendations;

 

  1. Laws/policy reform which is critical in decriminalising petty offences because the small actions that are made petty offences are being institutionalised by certain laws in Nigeria.
  2. State and Non- State Actors should be engaged. Majority are not aware of the effects of these laws, they have not been made to understand the importance of decriminalising petty offences and its effect on socio, economic welfare of the nation.
  3. Lawyers are to be encouraged to offer free legal services to victims of petty crimes rather than demand professional fees which the vulnerable and poor people who are the victims of petty offenses cannot afford.
  4. Continuous sensitization of the vulnerable and less privileged in the society. Lack of knowledge of human rights or where to get assistance when their rights are abused is part of the problem that institutionalizes petty offenses.
  5. Civil Society groups, the Media and other Human Rights Activists to embark on a campaign towards decriminalization of petty offenses in Nigeria. Petty offenses target the most vulnerable in the country; the poor, less privileged and uneducated.

 

Poverty is not a crime……

Human Right is for all…….

Decriminalizing petty offenses is a human rights issue….

 

 

 

 

 

 

 

 

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Divorce Your Wife, Lose Your Home to Her

by Kyenpya Katkuk Esq

In the light of the recent event celebrating women on International Women’s day all over the world on the 8th of March as recognised by the United Nations, women are not only celebrated on how far they have come in the society, in politics and in the economy but it’s also a time for reflecting on the sexism that affects women, a time to raise awareness of continued inequality as well as the achievements of combating inequality.

 

There is no place in the world where women have the same opportunities as men and in so many countries the rights of women and their opportunities are limited by law. The belief that patriarchy is so entrenched in the Nigerian system and the fact that women are unable to exercise their rights have been an erroneous one especially by those ignorant on the rights provided under the law.

 

However, this issue of a woman not having rights to property due to cultural beliefs has been disproved of recent and it has been an uplifting moment in the lives of women in Oyo State, Nigeria.  In the recent decided case, by the presiding Justice Munta Abimbola , the courts held that “ a husband who marries a wife and builds a house during the pend-ency of the marriage stands the risk of losing the house if he later divorces the woman who had children for him unless such woman of her own volition, leaves the matrimonial home”. The presiding Justice whilst ruling on the matter also emphasised on what is known as “palm tree justice”, which indicates that “it doesn’t matter in whose name the property stands or who pays what (on the property) and in what proportion as determination of such matters transcends all rights, legal or even equitable but simply what is fair and just ‘’ in the circumstances of the case.

The basis of this judgement was made under the provisions of the Married Woman’s Property Act 1882.  Furthermore, Section 17 Married Women’s Law of  Oyo State, Cap 83 and Laws of Oyo State 2000 gives a court the discretion as it thinks fit on the issues of title of possession to property. Section 18 Married Women Law of Oyo State also allows the court to treat property as joint property especially where it has to do with a matrimonial home.

 

Conclusively, it could be said that there is significant progress on the application of legal provisions and precedents regarding property rights that affect women inspite of the system of marriage laws (customary, Islamic and statutory marriage). The parties in the decided matter happen to be married under customary law and so this could mean that a woman is entitled to having an equal share of property in the event of divorce, regardless of whether she is married under customary law or statutory law.

 

This is also a good reflection of international instrument , the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), particularly Article 5 ,which refers to how women should not be confined to culturally defined constructions. It recognises that all human beings are equal and have equal rights and deserve equal respect for their human dignity.  Gender stereotypes should not deny women the right to be treated respectfully as an equal. Therefore, this landmark ruling is a significant in combating inequality as it affects women.

 

Kyenpya Katkuk is a lawyer with the Coalition Of Lawyers for Human Rights  (COLaHR).

 

 

 

 

 

 

 

 

 

 

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Employers of labour must comply with HIV/AIDS non discrimination Act

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A Civil Society Organisation in Nigeria, Lawyers Alert has insisted that employers of labour in the public and private sector must comply with the HIV/AIDS non discrimination Act to protect workers who that are infected with Acquired immunodeficiency syndrome (AIDS), a chronic, potentially life-threatening condition caused by the human immunodeficiency virus (HIV).

The President of Lawyers Alert, Mr Rommy Mom told Daily Trust that the HIV/AIDS non discrimination Act that was passed into law in Nigeria five years ago was not implemented and that his organization has dragged the Minister of Justice and Attorney General of the Federation, Abubakar Malami to court to demand full implementation and total adherence to the law.

He said the HIV/AIDS non discrimination Act mandates the Attorney General of the Federation to ensure that work places have HIV/AIDS policies to protect workers that are HIV positive.

He said the law was passed in 2014 and that it mandates the AGF to ensure that employers of labour in public and private sector in Nigeria have the policy within three months.

Mr Rommy expressed concern that the law was not implemented five years after and that no policy in work places to protect people living with HIV.

He lamented that majority of workers that are HIV positive are facing all forms of discrimination and stigmatization in their places of work.

 

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