INTRODUCTION
TO LAW PRACTICE IV
Before
delving into the discussion on the challenges and prospect of prison project, it
is apposite to understand what prison project is all about. Prison project is
an annual pro-bono (free) outreach programme of the legal Clinic of the faculty
of law, Ebonyi state university. It is a visit to the prison conducted by law
students that provide free legal service to indigent persons. It is conducted
for the purpose of ascertaining the conditions of the inmates in the prison, the
conditions of the various prisons in Nigeria. It is also done for the purpose of
decongesting the prisons in Nigeria.
It is trite that the prison inmates
consist of both those awaiting trial and those convicted of their various
offences. In most case the awaiting trial inmates in prisons outnumber those already
convicted. And due to the fact that those awaiting trial are and remain
innocent until they are convicted by a court or tribunal for committing an
offence under the law[1]. Thus,
being in prison does not confer a status of “awaiting death” on the prisoner[2]. They
are entitled to live like other citizens after the determination of their case[3]. Therefore,
prison project is aimed at ensuring access to justice to this categories of
prisoners. This is because trial cannot be regarded as “fair” if defendants lack
legal representation and therefore unable to participate at the trial on an equal
footing with the prosecution.
Having considered the meaning of prison project, let
us now consider most of the ethical challenges faced in the course of this laudable
programme.
1. Lack of fund by the student: By
virtue of the fact that most students find it extremely difficult to cope with
the demand of studying law in the university. Such student often always find it
difficult in raising money so as to follow-up his client case. For instance,
calling and visiting the families of the inmate in order to ascertain more fact
that will be required in defending the client is often a difficult task to the student,
especially if the family members of the inmate reside out side the state.
Without fear of contradiction this particular problem has forced most students
into staying in their rooms to cook facts in their reports, thereby harming the
inmate in stead of saving him or her.
2. Lack of public confidence on the student:
This is another great challenge being faced by students engaged in prison
project. By virtue of the fact that in Nigeria unlike many other countries, law
students are not allowed to appear before any court until they are called to
the Nigerian bar. The public are always skeptical about the ability of the
student to release their family members who is in prison. This has resulted in
a situation where the maximum co-operation needed by the student in following up
his client case is denied. Also, this particular challenge has resulted in
telling the inmate lies that such law student is a practicing lawyer, in a bid
to enable the inmate disclose the whole fact of his case.
3. Theoretical
methods of teaching by most law lecturers: With due respect, the major
challenge often encountered during prison project, is the difficulty of facing
real life cases. This is due to the fact that Nigerian law faculties are dominated
by traditional and theoretical methods of teaching. Most law teachers are used
to the practice to dictating notes or issuing handouts to student who are used
to being passive learners. For instance courses like criminal law and law of
Evidence should be made a practical and interactive activity. A situation where
a student of law cannot examine, cross-examine and re-examine after studying
legal system, and law of evidence is due greatly to the method adopted in
teaching such student. The implication is that such a student will be
handicapped in interrogating hic client to determine whether or not such client
is a liar.
4. Lack of Staff Development Programmes:
Due
to the fact that law clinicians who engage in prison project lack the requisite
competence in handling real life cases, qualified legal practitioner are often
attached to the clinic in order to monitor and supervise the student activities.
But it is unfortunate to observe that lack of incentive have over the years
discourage this initiative. The universities often do not invest in staff
development by providing scholarships and paid leave opportunities for these
staffs. Also the law faculties, owing to poor pay, are unable to retain the
services of many of it capable hands that are attracted to the banks, oil
corporations and other greener pastures. Thus, in introducing law clinics, the
faculties should deliberately embark upon staff development programmes as well
as the provision of reasonable allowances that can encourage the members of
staff to put in the extra efforts required by clinical programmes.
5. Lack of Co-operation by most practicing lawyers:
It is unfortunate to observe that
most practicing lawyers do not welcome the activities of law student in the
course of their prison project. It should be emphasized that law clinicians provide
an important supplement (not a replacement) for the provision of the needed
legal services to persons who would otherwise not have access to the legal
system. With due respect most lawyers had erroneously believed that law
clinician are competing with them. In this regard, if for instance the inmate
visited by the student had already briefed a lawyer, and such an inmate obliges the student the lawyer’s phone number,
experience have shown that the lawyers are always not friendly in attending to such
students. Thus, this is a challenge to the student in ascertaining the current
position of such an inmate trial.
From the above challenges identified,
the followings are the prospect for an effective and efficient prison project:
1. The rendering of pro-bono service
should be encouraged, so as to enable law clinicians refer most of their client
case to such persons for the follow-up. Pro-bono legal work, refers to the
provision of legal assistance to indigents by attorneys without compensation
but for the ‘public good’. The attorney General of the Federation and minister of Justice, Chief Akin Olujinmi, SAN
in September 2003, announced his plan to make the rendering of some pro-bono
service one of the conditions for elevating lawyers to the prestigious rank of
senior Advocate of Nigeria.[4]
This is in agreement with the plan of the Nigerian Bar Association, the body of
all practicing lawyers in Nigeria, to encourage its members to take up pro-bono
cases as a way of fulfilling their social responsibility to the society[5].
2. Establishment of Public interest law
firms should also be encouraged. With this also, student clinicians can equally
refer their client cases to them. These can play an important role in providing
legal aid to poor people. In Nigeria, Public interest law bodies include the civil
liberties Organisation, Constitutional rights Project, real Resources
Consortium and Legal Defence And Assistance project (LEDAP). In Ebonyi State we
have the public interest Law firm of Prof. Amaria Omaka located in Abakaliki.
3. Efforts should be made in order to
allow Law clinicians access and audience in court to defend their clients. The
experience of the clinicians in other countries should be encouraged here in
Nigeria. In the United States for instance, Law students have the right to
appear in the courts of law under the supervision of their teachers or attorneys
hosting them for internship[6].
In Nigeria, there seems to be no reason why law students, under supervision
cannot handle small claims in the Magistrates and similar Courts once the
relevant guidelines are put in place.
CONCLUSION
The increase demand for greater
access to justice by the poor and other vulnerable persons who cannot afford
the services of legal practitioners, necessitated the prison project by Law
clinicians. Thus, the great majority of the poor and disadvantaged people have
no means of accessing the formal justice systems or of enjoying the human
rights provisions of the constitution and international human rights
instruments which are meant to protect them. One of the options available is
the provision of assistance through legal aid clinics in the universities.
Therefore, effort should be made to curb the challenges that have been
identified in this work, in order to ensure effective and efficient prison
project by law clinicians.
[1] Section
36(5) of the 1999 constitution (as amended).
[2] See D.U.
Ekumankama; “Criminology and Penology” (Jos New world publishers, 2007) p.211.
[3] Ibid.
[4] See
Akinlolu Olojinmi, reforming the Justice sector in Nigeria- my Agenda (Federal
ministry of Justice, Abuja,
2001)
[5] The
N.B.A. has launched a scheme for the provision of legal assistance for indigent
persons. It appears that if this scheme is operated in collaboration with the
faculty of Law clinic better sustainability might be achieved.
[6] The same
thing happens in Philippines.