Polrite23 Project
Polrite23 Project
CAPIO vision on the need for inmates to participate in election in Nigeria which is the focus of Polrite23 project was raised at the Senate by Senator Abah Morrow. Pursuance to which The Nigerian Correctional Service (NCoS) represented by the Deputy Controller General for Operations Mr. Sylvester Nwakuche met with the Carmelite Prisoners’ Interest Organization (CAPIO) team on the 27th of May 2022 to align on next steps for the Pollrite23 project. Mr. Emmanuel Nwakeze ESQ who was present in the meeting appreciated CAPIO’s commitment to the cause and their good relationship with NCoS over the years, and informed CAPIO team that a committee was set up after the validation of the developed Electoral Framework for Inmates voting to ensure that the management of NCoS is at the forefront of Pollrite23 Project.
In line with the above, the Independence National Electoral Commission (INEC) on 19th July 2022, invited the Nigerian Correctional Service (NCoS) and CAPIO to discuss modalities of inmates voting in upcoming elections in Nigeria hosted by the INEC Chairman, Prof. Mahmood Yakubu who hosted the meeting. Developed electoral framework for inmate was presented to the INEC Chairman. The Chairman agreed on the rights of inmates to vote but pointed out that due to time constraint, inmates will not vote in the upcoming 2023 general election, but upcoming bye-elections. He expressed the Commissions’ commitment to the cause and, and stated efforts the Commission has made to ensure effective participation of People Living with Disabilities (PLWD) in elections. He however emphasized the need harmonize modalities towards achieving all these. The Chairman requested that CAPIO work closely with National Chairman for Outreach and Partnership and also with the Chief Technical Adviser to the chairman to harmonize issues on the developed framework and modalities for its validation by INEC. It is pursuant to this that CAPIO on the 15th of August was invited by the Independence National Electoral Commission (INEC). The meeting was between INEC National Commissioner for Outreach and partnership Prof. Ajayi.
Prof. Ajayi informed the CAPIO team that he has set up a committee to see how they can incorporate inmates into the voting system, and that Correctional Officers are part of the committee. Also that INEC will visit the Nigerian Correctional Service headquarters to harmonize with them.
In all, CAPIO Pollrite23 Project which is funded by Voice has gained the interest and support of key stakeholders and in no time, the rights of inmates to participate in electoral processes will be enforced in Nigerian elections.
Centre of Hope Project
In furtherance with year 3 implementation of CAPIO Centre of Hope Project, which contract was awarded to Linegard Engineering, Site work is ongoing and at the time of publication and construction is currently is at DPC level of the first floor. The proposed Male Hostel is a three- story building with over 90 rooms and other facilities.
The management and staff of the Carmelite Prisoners’ Interest Organization (CAPIO) appreciate the Escopal Conferenza Italliana (CEI) for their financial support towards CAPIO Centre of Hope Project, which when completed will provide training to returned citizens and curb relapse into crime. It will also be a training hub which will engage young people and curb the use of drug and other hard substances.
Centre of Hope Poultry Farm
Building on the gains of CAPIO poultry Farm initially
funded by Agro-Processing, Productivity Enhancement, and Livelihood Improvement Support (APPEALS Project), Enugu State. The Carmelite Prisoners’ Interest organization has sustained the poultry farm by restocking the farm in batches. Through the initial funding support from APPEALS Project, CAPIO poultry farm reared day-old broilers to maturity and sold in
July, a new set was restocked in August and they were sold in October upon maturity, currently a new set of broilers has been stocked ahead of Christmas and the festivities surrounding the end of the year. CAPIO Poultry farm has come to stay.
Centre of Hope Piggery
In getting other components of CAPIO farm functional, the piggery was stocked in August with 21 pigs which comprises of winners and growers.
2022 JAIL DELIVERY EXERCISE HELD ON 22 JULY 2022
On the 22nd of July 2022 the Chief Judge of Enugu State, the Honorable Justice A. R. Ozoemena visited the Enugu custodial center to grant relief to deserving inmates as empowered by law. This jail delivery exercise is the first since his appointment and was embarked upon in response to the call by the Carmelite
Prisoners Interest Organization (CAPIO), and other stakeholders in the criminal justice sub-sector, for the Chief Judge to use the exercise to grant reliefs to deserving inmates who have not gone to court due to the insecurity in the State and the nation generally.
CAPIO team constituted the Executive Director – Rev. Fr. Jude Isiguzo (OCD), the Project Director Rev. Fr. Ambrose Ekeroku (OCD), and four (4) Lawyers, participated in the jail delivery exercise and provided free legal representation for
the inmates.
The jail delivery exercise attended to 289 cases, out of which 36% (104 inmates)
were granted bail, while 11% (32 inmates) were discharged. In all, 47% of inmates who participated in the jail delivery were granted relief. Out of 289 cases attended to during the jail delivery exercise, the CAPIO team attended to 17% of the cases (50 inmates), out of which 32% (16 inmates) were granted bail while 20% (10) were discharged, and 4% (2 inmates) released to CAPIO. In all, CAPIO attended to 17% of the cases and recorded 72% success (28 inmates). Other cases
were adjourned to various dates in the regular courts and the office of the Director of Public Prosecution and were given between a month to 3 months to file
information and commence the trial of some of the inmates whose trial has not commenced. CAPIO Legal Team is following those cases up and they are
progress.
Success Story
The Carmelite Prisoners’ Intertest (CAPIO) legal team met with Mr. Henry during their visits to the Enugu Custodial Centre and took up his case to provide free legal services. Through CAPIO’s
free legal aid Henry is a free man again.
Henry hails from Osu West Local Government Area of Imo State and lives with a friend at Nza Street, Independence Layout Enugu. He is an automobile electrician before his arrest and subsequent detention in prison custody for over three years. Henry lived and worked at Owerri as
an automobile electrician before he followed his friend to Enugu to celebrate the 2019 Easter.
A week after he arrived in Enugu with his friend, they went shopping at Shoprite mall, and while leaving Shoprite, the complainant in the case grabbed him and alleged that Henry and his gang robbed him somewhere around Onitsha South Mass Transit Park at Holy Ghost Enugu sometime
in May 2019.
Henry was taken to the Central Police Station Enugu where he was detained and was subsequently transferred to the Special Anti-Robbery Squad (SARS) Enugu where he was further detained and
tortured for weeks before he was taken to Court for the offense of armed robbery.
Henry was charged alongside another suspect who the Police arrested separately and claimed that he was a member of Henry’s gang. At trial, the prosecution fielded three witnesses while Henry testified in his defence. The trial lasted for three years and the defendant (Henry) was remanded in
the custody of the Nigerian Correctional Service Enugu. In the course of the trial, Henry’s casemate was discharged after the trial court upheld the Submission of No Case to Answer filed by his
Lawyer. The trial then continued with Henry as the only defendant.
On 22/3/2022, the judge, delivering a well-researched and considered judgment, found Henry not guilty whereupon he was discharged and acquitted. The judgment was joyfully received by the defendant who was not expecting to be set free after years in detention without anybody looking
out for him except CAPIO.
FROM CAPIO LEGAL DESK
BRIEF EXPLANATION OF THE LAW ON EXTRA JUDICIAL STATEMENTS OF SUSPECTS AND ACCUSED PERSONS by WILSON NNEJI, LL.M, ChMc, ACArb. Legal Officer,
Extra judicial statements are statements made by suspects before police officers and other law enforcements agents at the police station before the suspect or accused person is charged to court.
The Constitution of the Federal Republic of Nigeria 1999 provides in section 35 sub section 2 provides that “Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice”
By the constitutional provision above every citizen has been given the choice to either make statements to the police or to be silent and not make any statements to the police and other law enforcement agents when arrested.
It is not compulsory under any law in Nigeria that every person arrested must make a statement. Justice Ngwuta in the Supreme Court case of STATE v. RABIU (2013)4 NWLR (Pt. 1437) page 385 at page 624 lamented the practice of police officers resorting to torture and brutality to obtain information from suspects or accused persons when the said ‘Confessional statement obtained by the Police in contravention of Section 35(2) of the Constitution is illegal and inadmissible in evidence in accordance with Section 29(2) of the Evidence Act’.
Also, Section 35 sub section 2 of the Nigeria Police Act 2020 provides thus:
The police officer, the person making the arrest or the police officer in charge of a police
station shall inform the suspect of his right to:
(a) Remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.
(b) Consult a legal practitioner of his choice before making, endorsing or writing any statement or answering any question put to him after arrest.
Furthermore, Section 17 of the Administration of Criminal Justice Act 2015 provides as follows:
“Where a suspect is arrested on allegation of having committed an offence, his statement shall be taken, if he so wishes to make a statement”.
From these various laws above on the subject matter, which has given every citizen the right to remain silent when arrested and even in the course of trial in court, it is clear that it is unconstitutional and illegal when the police and other prosecuting agencies use torture and coercion of any kind to obtain information from suspects particularly confessional statements.
Section 28 of the Evidence Act provides that a confession is an admission made at any time by a person charged with a crime stating or suggesting by inference that he committed a crime. A confession cannot be used against an accused person unless the Court is satisfied that it is voluntary; thus, any clear circumstance of inducement, threat, oppression, torture or an environment or circumstance that is hostile to the maker will be sufficient to exclude a confession if it appears to the court that the statement was so made because of the environment or circumstance.
An extra-judicial statement made by an accused person that was not made voluntarily is not admissible in evidence in courts. Where the accused person denies making a statement at the Police Station voluntarily the court will go into a mini trial called “Trial-Within-Trial” to determine whether the statement was voluntarily made or not. Sometimes trial-within-trial take months and years before conclusion thereby prolonging the entire trial. But If Police officers and officers of other prosecuting agencies carried out their duties as provided by the law particularly as it relates to obtaining statements of suspects, the number of trial-within-trials will be greatly reduced thereby reducing prolonged trials.
Section 5 of the Nigeria Police Act, 2020 provides that the Police Force is responsible for promoting and protecting the fundamental rights of persons in police custody as guaranteed by the Constitution and shall collaborate with and maintain close working relationship with any Government agency or relevant private initiatives in the establishment of schemes or mechanisms offering legal services to accused persons, detainees or accused persons in Police custody in need of legal services to ensure that they have full access to justice as laid down under the relevant provisions of Chapter IV of the Constitution.
Following these provisions of the Nigeria Police Act, 2020, we call on the Police to not only enforce the law but to also respect the rights and dignity of citizens and suspects under police custody as regards making of statements as well as other circumstances. We as citizens also have the responsibility to always be ready and willing to be true to the law and its officers and to hold those in authority accountable to the law whenever there is a breach. That would serve as a deterrent or control over them in the future.
REFERENCES
1. Administration of Criminal Justice Act, 2015, section 17.
2. Constitution of the Federal Republic of Nigeria 1999 (as amended), section 35.
3. Evidence Act 2011, section 28.
4. Momodu B, Court Room Rapid Reference Hand book (Vol. 2) (Benin, Evergreen
Overseas Publications Ltd. 2014).
5. Nigeria Police Act 2020, sections 5 and 35.
6. Ogbu, O. S, Human Rights Law and Practice in Nigeria (2nd Ed.) (Enugu, Snaap Press
Ltd. 2013).
7. Olomojobi, Y, Human Rights and Civil Liberties in Nigeria (Lagos, Princeton and
Associates Pub. Co. Ltd. 2016).