LAGOS, July 16 (IPS) – Nyeche Uche, 60, has been arrested by Nigeria’s cybercrime agency, the Commission for Economic and Financial Crimesfor theft. He spent 13 years and eight months in prison while awaiting trial. It wasn’t until a church that went to prison outreach that his case was referred to a law firm for pro bono service on his case in March 2022.
After initial claims that his file had been lost, the septuagenarian was due to appear in court in October 2023. His lawyer argued that he should be released even if he was found “guilty” of the crime, as he had already served the legally prescribed prison sentence.
A few days later, Uche finally got his freedom back. The law firm that helped him is the Headfort Foundationa non-profit organization dedicated to decongesting Nigerian prisons.
“During my time in prison, my file was lost and even this organization that supplied it with drugs made sure it was given to the judge so that my case could be concluded,” Nyeche told IPS.
In Nigeria, criminal cases are dealt with by magistrates and the high courts. As in the UK, magistrates deal with minor offences, while serious offences are referred to the high courts. Unfortunately, it can take years to get a referral, meaning that suspects remain in prison longer than the sentence would be for the offence they are accused of — if they were tried in court.
More than 79 percent of people in prison awaiting trial in Nigeria, where most of them have not been convicted for years. This is despite a law on the delivery of justice such as the Administration of Criminal Justice Act (ACJA) which stipulates that cases must be dealt with within a reasonable time to ensure speedy justice and prevent prison facilities from becoming overloaded.
Against this backdrop, the Headfort Foundation aims to provide access to justice, reform and human rights issues in Nigeria. Established in 2019, the organization has secured the release of 200 illegally detained persons and has provided pro bono services in over 1,000 cases.
“Near-impoverished victims of human rights violations get caught up in the justice system and are unable to access human rights lawyers or defenders due to their socio-economic status. Their right to justice is often denied,” said Adenekan Oluwakemi, Head of Programmes at Headfort Foundation.
An initiative to rescue
In response to this inequality, it launched the “Lawyers Without Borders” project in September 2020 after the start of the Covid-19 lockdown, after receiving approval from the state. The initiative uses mobile offices within the court to provide easy access to the team of lawyers representing victims of human rights violations and their families in legal challenges.
“Before the pandemic, we had easy and free access to prisons to handle cases of indigent prisoners, but due to the pandemic, we faced restrictions on entering prisons to handle cases of indigent prisoners, which were imposed as a precautionary measure to prevent the spread of the virus. This restriction hampered our ability to provide legal assistance to those who needed it within the prison system,” Oluyemi Orija, the founder of the organization, explained.
Meanwhile, at the height of the pandemic, Nigerian police — known for their history of systematic irregularities — are said to have stepped up their crackdown on citizens’ rights. The body arrested and unlawfully detained tens of thousands of local residents for a number of notorious violations that led to EndSars protest In October 2020, a movement against police brutality emerged that gained popularity worldwide that year.
“The Nigeria Police Force plays a crucial role as a key stakeholder in the justice system and contributes significantly to the administration of justice. Their indispensable role cannot be overlooked. However, at Headfort Foundation, there is a continuous advocacy effort to promote the implementation of non-custodial measures such as mediation for minor offences. We are optimistic that these efforts will soon bear fruit,” Oluwakemi told IPS.
Oluyemi said what keeps her team going is their belief that every freed individual represents a victory over injustice. “Their smiles, their gratitude, and their renewed sense of hope propels us forward in our quest for a more just and equitable society — a beacon of hope for others who may still be waiting for their own chance at freedom.”
A lot of bottlenecks
Oluyemi indicated that the organization’s efforts to relieve prison overcrowding are often thwarted by the many obstacles within the justice system.
“One of the biggest challenges we face is financial constraints. Our services are provided free of charge to those in need. Operating costs, including legal fees, administrative costs and outreach efforts, can quickly add up, straining our resources,” she said.
To meet this challenge, the foundation has implemented various fundraising initiatives such as crowdfunding, including seeking grants from other organizations, working with corporate sponsors, and organizing fundraising events. In addition, they rely on the generosity of individual donors who support their cause.
The founder stressed that continued advocacy and engagement with relevant stakeholders within the justice sector would address the systemic and long-standing problems plaguing the country’s prison system.
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© Inter Press Service (2024) — All rights reservedOriginal source: Inter Press Service
