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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