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Speeding Up Criminal Justice
IMPACT REPORT JUSTICE FOR ALL NIGERIA
ISSUE 4
MARCH 2014
SPEEDING UP RESOLUTION OF CRIMINAL CASES FOR AWAITING TRIAL PRISONERS
Justice for All: Making a difference Speeding up resolution of criminal cases for awaiting trial prisoners
Name: Barrister Chioma Anuna
Profile: Barrister Chioma Anuna is a programme officer with Prisoners Rehabilitation
and Welfare Action (PRAWA) based at the Enugu office. She is responsible for coor-
dinating the Clearing House, a mechanism initiated with the support of J4A to pro-
vide free legal assistance to Awaiting Trial Persons (ATPs).
The story so far:
PRAWA has been implementing the Clearing House project in both Enugu and the
Federal Capital Territory with the aim of reducing the number of ATPs in prison
custody as well as reducing the average number of days spent in custody by ATPs.
The project recorded a significant milestone in February 2014 when its lawyers se-
cured the release on bail of Mr. Hyginus Ajibo, the longest serving ATP in Enugu
State. Mr. Ajibo has spend the last sixteen years awaiting trial for murder.
The cooperation of the Attorney General was instrumental in his release because he
personally came to court and in consideration of the length of time the suspect has
spent in custody, did not oppose the application for bail.
Mr. Ajibo’s case would not have been discovered but for the Clearing House project
that periodically reviews the Nigerian Prison Case Management System with a view
to identifying overdue list of ATP cases. According to Chioma, “,,,the release of the
longest serving ATP in Enugu Mr. Hyginus, Ajibo from prison after sixteen years
awaiting trial underscores the importance of the clearing house project to reducing
the number of ATPs and the length of time awaiting trial by ATPs.”
What happens next?
The Clearing House will continue to provide legal representation to ATPs in prison
custody, particularly those who have spent an unreasonably long period of time in
detention awaiting trial.
...the release of the longest
serving ATP in Enugu Mr.
Hyginus Ajibo from prison
after sixteen years awaiting
trial underscores the im-
portance of the Clearing
House project to reducing the
number of ATPs and the
length of time spent awaiting
trial by ATPs.”
“
Name: Mahmud Yusuf, Network of University Legal Aid Institutions (NULAI).
Profile: Mahmud Yusuf is an Assistant Program Officer responsible for providing
support to the various university-based law clinics established across the country.
The story so far:
Network of University Legal Aid Institutions (NULAI) with support from Justice
for All is implementing a project to provide legal assistance to Awaiting Trial Pris-
oners through University-based legal aid clinics.
According to Mahmud, “The benefits of the project are multiple. The students
who participate in the activities of the law clinics build their capacity and develop
new skill on counselling and the provision of legal assistance to indigent members
of the public, while at the same time making a positive contribution towards the
reduction of the number of ATPs languishing in many prisons across Nigeria.
Hopefully, when the students graduate and become lawyers, they will continue to
devote some of their time to pro bono legal services. Thanks to the support of
J4A/DFID, NULAI has through the University of Abuja Law Clinic secured the
release of thirty-five detainees from the Kuje prisons”.
What happens next?
In the coming months, NULAI will continue to work with the various law clinics
to tackle the unduly long periods of pre-trial detention, which most times result
in over-crowding of the prisons.
Thanks to the support of
J4A, the Network of Uni-
versity Legal Aid Institu-
tions (NULAI) has through
the University of Abuja Law
Clinic secured the release
of thirty-five detainees from
the Kuje Prisons.”
Monitoring Impact is an bi-annual series of publications produced by the Justice For All Programme to capture the impact of its activities. For more information visit www.j4a-nigeria.org
Copyright © 2014 Justice For All Nigeria
“
Getting Results
Over 30% reduction in average length of time in custody
awaiting trial in both Enugu and FCT 179 ATPs cases disposed of through Clearing House activi-
ties in Abuja as at February 2014
231 ATPs have perfected their bail conditions 6 Case Management Systems functioning in Enugu and FCT Criminal Justice Administration Committee reconstituted
in FCT
Presentation to Ekiti justice sector on the project The Enugu “Speeding up criminal justice” pilot project has
published four newsletters and FCT pilot has published
two newsletters to raise awareness
Highlights to date
Speeding up resolution of criminal cases
for awaiting trial prisoners
We are working to: Identify what prevents speedy dispensation of justice in criminal cases
Establish cross-sector coordination groups to identify and solve problems
Develop and help implement action plans to address the key causes of
delay and inefficiency in criminal cases in a sustainable way
Implement systems for monitoring the speed and effectiveness of the
delivery of criminal justice
Disseminate information to encourage replication in other states
We aim to: Reduce the time that accused persons spend awaiting trial
Reduce the cost of running the criminal justice system
Improve the ‘quality’ of justice delivery
Why: Awaiting trial prisoners form the bulk of the
prison population (70%+)
There are many instances of time spent on
remand awaiting trial exceeding five years
Prime example of a dysfunctional justice sys-
tem and the need to improve coordination
Providers of pro bono legal services being sup-
ported by the Justice for All programme (J4A)
are presently in discussions on how to synergise
efforts to achieve better coordination and com-
plement each others‘ initiative. The organisations
include Prisoners Rehabilitation and Welfare Action
(PRAWA), Civil Resource Development and Documen-tation Centre (CIRDDOC) and the Network of Univer-
sity Legal Aid Institutions (NULAI).
Highlight
Facts and Figures as at February 2014
How: Process mapping and identification of issues
Cross-sector consultation, identification of
solutions and action planning
Implementation of priority actions
Dissemination and replication of best practices
Average number of days ATPs spend in custody (Enugu):
Dec 12 Jun13 Feb14
383 254 254
Dec11 Jun13
540 527 474 393
568
Spotlight on Gender
Number of ATPs - Gender breakdown (Male / Female)
Jun12 Jun13 Feb14
Enugu
Jun13
FCT
1626
40
1502
22 37
804
20 23
890
Jan14
Dec12 Feb 14
Who we work with
How we are achieving impact How we engaged them
Criminal Justice Sector Organisations:
Nigeria Prison Service (NPS)
Enugu State and FCT Prison Officers
Nigeria Police Force (NPF)
Enugu State and FCT Police Officers
Ministries of Justice (MOJ)
Enugu State and Federal
Judiciaries
Enugu State and FCT
Anti-corruption agencies FCT
NAPTIP FCT
NDLEA FCT
Legal Aid Council
Enugu and FCT
Civil Society
Human Rights Commission, Citizens Rights
and Mediation Centre, CSOs working with
victims and witnesses of crime
Beneficiaries
Awaiting Trial Prisoners (ATPs), victims,
witnesses and relatives of ATPs
Supported sector wide meetings (Criminal Justice Administration
Committee — CJAC)
Supported inter-agency meetings (police/MOJ, Prisons/Judiciary,
MOJ/Judiciary
Supported Joint Implementation Team (JIT) meetings with repre-
sentation from across the sector
Trained Police Officers and developed and disseminated Investiga-
tion Manual and Checklists
Trained Police, NDLEA and NAPTIP Prosecutors and developed
and distributed Prosecution handbook and other guidance
Trained administrative court workers
Supported the development and operation of Case Management
Systems (CMS)
Supported a stakeholder forum on the problem of non-attendance
of witnesses at court
Supported the development of witness tracking initiatives
Training and support for publicity interventions
Conducted causes of adjournment exercises in High, Magistrates
and Area Courts
Supported the establishment and operation of Clearing Houses to provide legal representation for ATPs
DEM
AN
D
SUPPLY
Individual meetings with ATPs (by paralegals) to assess their legal
representation needs
Case related engagement with ATP families on bail issues
Engagement with witnesses on witness procedures and expecta-
tions
Engaged NBA and selected CSOs to provide pro bono lawyers for
the Clearing House
Arranged for NHRC and CSO representation on CJAC
Cro
ss-Secto
r Coord
inatio
n an
d e
xte
rnal o
versigh
t enhan
ced
What they experienced/learned What they did as a result
Importance of mechanisms to coordi-
nate more effectively
How to work better together at strate-
gic (JITs) tactical and individual case
levels (Inter-agency meetings)
Improved investigation techniques and
management of casework
Improved prosecution techniques and
management of prosecutions
How to administer court cases
How to capture case data and produce
and report performance information
The value of structured data gathering
on issues (causes of adjournment) and
how to analyse / respond
The options available to keep track of
witnesses and how to keep them in-
volved in the case
The importance of a coordinated ap-
proach to the provision of legal repre-sentation
How civil society can contribute to
speeding up criminal justice (involvement
in clearing houses and CJAC)
Process for engaging with ATPs and
their families
How to influence witnesses to attend
court and give evidence
Convened meetings of CJAC and estab-
lished working practices including in-
volvement of demand-side representa-
tives
Coordinated investigations and prose-
cutions across agencies at case level
Managed investigations and prosecu-
tions more effectively
Managed court processes more effec-
tively
Working to establish a Witness Sup-
port Unit in the Enugu and FCT Judici-
aries.
Displayed posters to encourage witness
attendance
Identified stalled cases and took action
to restart them
Assisted the Clearing House to func-
tion by enabling access to ATPs
Developed a guidance note for manag-ing transportation of prisoners to court
Represented ATPs in court and enabled
disposal of cases, including where possi-
ble securing release of ATPs (through
bail)
Prepared witness information materials
that assist witness understanding and
encourage attendance
“The greatest problem facing criminal justice in
Enugu state is the inability of witnesses to attend court trials. These posters will go a long way to
address that.” Barr. Anthony ANI, Attorney-General
and Commissioner of Justice, Enugu State
What they said
“The Justice for All Programme and its projects has
raised a whole lot of awareness to the major issues/
bottlenecks of criminal justice system in Enugu. The approach used on resolving the issues is making
some head way, but we need to do more …….” Juliet Onuigbo, Human Rights Session, Radio Nigeria
“The witness tracking form is a good means of
being abreast of your witness’ information, making it easy to contact them to inform them of the court/hearing dates. This helps speed up prosecution.” Barr. Ogbodo, Ministry of Justice, Enugu
Jun12
Proportion of inmates spending over one
year in custody has fallen from 31% to
20% in the same period
The rise in average number of
days is due to increased focus
on longer term ATPs.
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