Tag: Legal Aid Council

  • Legal Aid Council completes 316 criminal cases in Oyo

    The Legal Aid Council in Oyo State says it successfully completed 316 criminal and civil cases in 2016.

    The State Coordinator, Mrs Olufunmi Eyitayo, said this on Friday in Ibadan while speaking with the News Agency of Nigeria (NAN).

    Eyitayo said that the council received a total of 388 and 73 criminal and civil cases applications respectively in the year under review.

    “Inspite of a shortage of staff and financial constraint majorly due to the recession, the council was able to successfully complete 280 criminal cases and 36 civil cases respectively out of the applications received in the previous year.

    “The council was established in 1978 and since its inception, 5,276 out of almost 6,000 criminal cases that were received have been duly processed and completed,” she said.

    The state coordinator, however, revealed that only seven lawyers were attached to the Oyo State Office to cater for all the 33 local government areas in the entire state.

    “Inspite of the shortage of staff, we do not relent in our efforts to ensure that those that cannot afford the services of a private lawyer have access to justice, due process and legal representation.

    “Each legal aid officer handles at least 60 cases per year to ensure that free, qualitative and timely legal aid services are provided for the indigent,” she said.

    She said the council also encourages mediation and out of court settlements whenever possible to ensure speedy dispensation of justice.

  • 40 years of Legal Aid Council: Tribute to the founder

    40 years of Legal Aid Council: Tribute to the founder

    As the Nigerian Legal Aid Council celebrates its 40 years of providing free legal services to indigent Nigerians in pursuit of its vision and mandate  to build a new Nigerian nation where there is equal access to justice for all irrespective of means and where all constitutional rights are respected, protected and defended to ensure justice for all, I see it as a necessary to remember and pay tribute to Nigerians of great minds who saw today yesterday,  committed themselves to the struggle and made sure that Nigerians enjoy the services of such a great institution that provides invaluable services to Nigeria and Nigerians.

    I remember the contributions, efforts and sacrifice which my late father, Dr. Chimezie Ikeazor, Oboli Obosi and his co travellers in the Legal Aid family made to give birth to this octopus  known today  as the Legal Aid Council Nigeria.  This legal icon, champion of justice and defender of his people in the company of the late Dr. Akanu Ibiam in 1978, met the then head of State, General Olusegun Obasanjo in a private meeting in Dodan Barracks, Lagos, then  seat of power  in Nigeria,  to present a demand for the resolution of the abandoned property challenges.

    The issue had deprived thousand of Nigerians of Eastern Nigerian origin of their property in Port Harcourt and other neighboring areas. Though Dr. Ikeazor did not have any property in Port Harcourt, he was concerned with the issue was justice. He wanted to see that justice was not only done to his people, but that it was manifestly seen to be done. It was at this meeting with Nigeria’s military ruler, that my father demonstrated, argued and expressed  his most decisive care for the poor and their inalienable  rights  to free legal aid in the country. Armed with pictures, data, reports,  facts and figures from within the country and across the globe,  he persuaded and prevailed on  General Obasanjo who eventually saw the imperative and urgent  need to  promulgate the Legal Aid Decree on November 26, 1976.

    With their training and background, the initial reaction of the military establishment was “why should we be spending money on these criminals”. However, faced with the universally accepted theory of  the presumption of  innocence contained in our legal jurisprudence and  applicable in the Common Law family which Nigeria belongs, the argument that  an accused person is  innocent until proven guilty and the point about the injustice of being detained “Awaiting Trial” for periods far in excess of the maximum sentence for the offence in question won the day.

    In 1973, Dr. Ikeazor was elected Vice- President of  Nigerian Bar Association (NBA). In 1974, he founded the Legal Aid for the Poor Scheme in Nigeria. He single handedly financed the crusade without financial aid from Nigeria or abroad.  In fact, the seed money that secured Nigeria’s place on the International Legal Aid body in 1974 was paid with my mother’s, Mrs. Marina Ikeazor’s Barclays  Bank International Limited cheque  with  which he paid  48 Pounds to the International Legal Aid Association on February 22, 1974 and another Barclays International payment of 95 Pounds to the International Bar Association (IBA) on April 2, 1974.

    A letter of support  to Dr. Ikeazor dated February 1, 1974 and signed by the then  Secretary-General of  the International Legal Aid Association (ILAA) with headquarters in London and  sponsored by the IBA, Sir, Thomas Lund, C.B.E. reads: “I was most interested in your plans for Legal Aid in Nigeria which you outlined to me at our recent meeting in London. And I am writing to wish the Nigerian Legal Aid Association a long, useful and successful future.”

    In 1975, he was elected the  Representative Director of the governing body of the International Legal Aid, the first African to be so elected.  Several eminent lawyers and jurists agreed with him and worked with him in this crusade to give free legal aid to the poor.  They formed the Nigerian Legal Aid Association of which Dr. Ikeazor  was elected President, Prince David Akenzua was Vice-President,  Chief Solomon Lar  was elected Secretary-General,  Ogada Ede was the Deputy Secretary-General, late Chief Debo Akande was the Director of Operations, Chief Edwin Ezeoke was Assistant Director of Operations,  Dr. J. Ola Orojo, Chukwuemeka Udenze, Okey Achike, Mallam Abdullahi Ibrahim, H. T. O. Coker, N. O. Izuako, Alabi Masha, late Chief Gani Fawhinmi and Felix Offiah were national Counsellors of the association.

    The thrust of crusade was that lawyers should take up the representation of aggrieved persons in court and that the State should make lawyers available for anybody who has a brush with the law, either as an aggrieved person in a civil suit,  an arrested or accused  person who finds himself in custody without money to brief a counsel.

    On November 26, 1976 the dream of these illustrious and patriotic Nigerians came true. News of the establishment of the Council was everywhere. For instance,  the caption  of the lead story on Daily Times newspaper was “ At last, Govt.  backs the Scheme: Legal Aid Dream Comes True, fund established”  The happenings within the association did not escape the  attention of the world. For example, Reuters News Agency reported in a London Newspaper that three hundred prisoners had been set free at the instance of the Association.

    The story reads: “At least 300 suspects held in Nigerian prisons for up to seven years without trial, have been freed in the past two months. They were released not because the police failed to prove charges against them, but because the length of detention far exceeded the maximum penalty for the alleged offences

    “The crusade is spearheaded by the Nigerian Legal Aid Association, inaugurated last February. Its leader, Mr. Chimezie  Ikeazor, a 44-year old  lawyer from the war- scarred  East Central State, says: ‘A speedy trial should not be a privilege, but a right. It is a cruel aspect of our litigation system that a man who does not have the services of counsel can hardly hope to obtain justice in full and quickly. Oour aim is to ensure that nobody is denied justice on account of poverty…’

    The first beneficiary of Dr.  Ikeazor’s campaign of free Legal Aid to the indigent was one Mallam Adamu Sokoto who was in prison custody for years awaiting trial for an offence for which if he had been found guilty, he would have been sentenced to a maximum of six months imprisonment.

    I wonder where Mallam Sokoto is now,  but I remember visiting Kirikiri and Ikoyi prisons with my dad as a young girl, no wonder I run a prison outreach today  assisting Prison inmates, paying fines for prison inmates and securing their release.

    By 1976, after intensive media campaign, countless court appearances freeing scores of awaiting trial inmates who had spent several months and years in prison custody, the Legal Aid Decree No. 56 of 1976 was promulgated and Dr.  Ikeazor firmly declined any suggestion or attempt to become chairman  of the newly created Legal Aid Council or the Director.

    Throughout their crusade, Ikeazor and his fellow crusaders never asked for or received any funding from home or abroad, the decisions were taken to protect the integrity and independence of their course. Dr. Ikeazor, the Oboli can look back and be saluted and proud of his six graduate children with scores of grandchildren from Obosi, Awgbu, Kaduna and Ondo.

    The lawyer who battled to make free legal aid for the poor in Nigeria a reality spent their own money on the crusade, their tours and court appearances. I salute them all for their selfless service and join the Legal Aid Council community to celebrate a successful, remarkable and memorable 40th year anniversary.

     

    • Ikeazor is the Executive Secretary, Pension Transitional Arrangement Directorate, Abuja

     

  • Wali, others seek more cash for Legal Aid Council

    Lawyers and other stakeholders have urged the Federal Government to fund the Legal Aid Council of Nigeria to enable it perform its statutory duty of offering free legal services to the indigent.

    They said free legal services were necessary to improve access to justice.

    They spoke at a stakeholders’ conference organised by the Council in Lagos.

    Nigeria Bar association (NBA) President Okey Wali (SAN), in his paper titled: Role of the bar in advancing Pro Bono, said the unaddressed legal services needs of indigent persons was because of the meagre funding of the Council.

    According to him, statistics from the office of the Comptroller-General of the Nigerian Prisons showed that 28,000 persons in various prisons across the country were awaiting trial.

    He said the judicial system favours the wealthy while the poor are unable to access justice, urging the Federal Government to adequately fund the Council and employ more personnel for it.

    The keynote speaker, Ms Yasmin Batliwala, who is Chief Executive, Advocates for International Development, stressed the need to create awareness for the disadvantaged, adding that free legal service is the practice globally.

    Batliwala, who spoke on Access to Justice: Advancing the frontiers of pro bono, encouraged lawyers to see beyond expanding their financial base and help humanity with their profession.

    She said it is the responsibility of lawyers to uphold and defend the indigent.

    Former NBA General Secretary Deacon Dele Adesina (SAN) canvassed a programme by the branches of the NBA on free legal services.

    He enjoined the human rights communities to increase visits to prisons and take steps to offer free services to the awaiting-trial inmates.

    According to him, there should be a law reform that could take care of the interest of the poor.

    Others at the forum included the Lagos State Chief Judge, Justice Ayotunde Phillips and Chairman, Committee on Judiciary, Human Rights and Legal Matters, Senator Umaru Dahiru.

     

     

     

  • ‘Respect accused persons’ rights’

    ‘Respect accused persons’ rights’

    • Legal Aid Council chief advises police

    The Director- General of Legal Aid Council, Mrs Joy Bob-Manuel has called on Nigeria Police, to respect the constitutional rights of accused persons especially, at the points of arrest and possible detention of such persons by informing them that they have rights to speak or remain silent at the point of arrest

    Mrs Bob-Manuel frowned at a situation where police interrogate accused persons in the absence of their counsel without letting them know of their constitutional rights to get legal aids or remain silence, that whatever they said would be used in evidence against them.

    She called the Inspector-General of Police to issue Force order, ordering policemen across the country to inform suspects upon their arrest of such rights.

    She made this remark at the at the occasion of the review of the five years Police Duty Solicitos Scheme (PDSS) supported by Open Society Justice Initiative (OSJI) in Abuja.

    Mrs Bob-Manuel noted that since most police officers have refused or neglected to inform suspects of their rights to have their lawyers present during interrogation, in addition to informing the suspect the reason for his/her arrest, which is a constitutional requirement, perhaps the IG issuing a Force Order would help, since policemen seem to obey instructions handed down from their commands”.

    “ Perhaps the police IG should make it a Force Order, so that once a suspect is arrested, let his rights be read to him and let the family be contacted to get a lawyer for the suspect, since they (police) have refused to recognise the rights which is provided in the constitution, we believe that since the police runs a command structure, that this all important rights of Nigerians would be respected”.

    Stressing the need for Nigerians to make up their minds on the need for change, she insisted that the people need an attitudnal  change, so that things would be done the right way.

    Former DG of the Council, Mrs Uju Hassan-Baba, who presented a review of the five years of PDSS review report, expressed concern that the judicial system was bogged with a lot of challenges, regretting that many in the system were not doing enough to make the system work well or have refused to make it work at all.

    “The report noted that case files are lost most times due to the delay or failure of the state Director of Public Prosecutions, DPPs, to offer timely legal advice, which leads to the  congestion of prisons.

    She expressed worries over a particular state where an international donor donated a computer system and software to allow for proper recording of cases referred to the DPP’s office for easy tracking, but that the DPP dismantled the computer system.

    The Police on its own, called for the review of the Memorandum of Understanding (MoU) of Police Duty Solicitors Scheme (PDSS) with a view to repositioning the scheme within its original concept and strengthen its implementation for effectiveness.

    AIG Solomon Arase said this while presenting a paper on ‘Police perspective on PDSS and review of the Memorandum of Understanding on PDSS’

    Arase said: “ The introduction of the PDSS Scheme concept in Law enforcement process in Nigeria was a manifestation of the desire by strategic stakeholders to re-orientate, refocus and input best international Policing practices to the operations of the Nigeria Police Force.”

    He said : “ The Scheme swerved Police operations from the practice of ‘ Policing with impunity’ to Policing with respect for the fundamental human rights’ of citizens whom they are paid to protect”

    Arase stated that : “The programme evolved out of growing desire of the citizens to hold their Police accountable for violations and out of international concerns for abuse of police powers by non- conforming officers”

    He said it is even more significant that this programme is a product of a synergy between Government, Non Governmental human rights bodies and Nigeria Police, noting that with mutual appreciation of each other’s boundaries and challenges, a positive relationship that will enhance operational efficiency of the police will be built between the Police and its operational publics.

    Arase noted that since the scheme has run for several years during which there has been several changes in the leadership of the Police Force, it is only natural that the scheme and the MoU be reviewed with a view to repositioning it within its original concept and strengthening its implementation.

    Against this background, he proposed that an inter agency project review committee consisting of representatives from the Legal Aid Council, Open Society Justice Initiative (OSJI) and the Nigeria Police be set up to undertake the review and advise on ways of fast tracking the implementation process which has understandably slowed down significantly.

    “ The Legal Aids Council and OSJI to engage in advocacy that will draw government and public support to the programme”

    “ Undertake training and capacity building programmes for the force on PDSS and network with thje Force leadership in the review process . That in doing this, the Police force would appreciate that they are collaborators and not interlopers”

    Mr Stanley Ibeh of OSJI said his organisation mid wifed and nurtured the PDSS Scheme to alleviate the suffering of Nigerians in the hands of law enforcement agents at the point of arrest and detention. And having driven same at pilot stage for the past five years, it is now time to hand same over to the Legal Aids Council for further management and administration. He noted that his organisation would always be there offer technical assistance.