At the last count, the project’s team had visited 4 prisons, 28 police stations and 31 court rooms. No less than 67 prisoners had been interviewed (including men as well as women), along with 23 prison staff, 34 court officials and 18 policemen. Questionnaires had also been distributed to state officials and lawyers who are active in advocacy for the promotion of the rights of prisoners and detainees living with HIV/AIDS. Altogether, 59 lawyers were given questionnaires and 42 responses were received.

Although Nigeria’s constitution says that an arrested criminal defendant is entitled to inform his lawyers and family about his arrest, this is rarely the case.  Police often make arrests and secretly charge suspects without allowing them access to their lawyers or notifying their families.  Additionally, many of these suspects cannot afford a lawyer.  As a result, criminal defendants are unrepresented and end up in overpopulated prisons and without legal support for years, even decades.

Patrick Dunkwu’s project for the JusticeMakers 2008 Competition sought to ensure early legal counsel for indigent criminal defendants in Nigeria as well as to prevent the suspect from being unnecessarily detained by the police, taken to court secretly, or taken to prison on remand custody by the court.

Since 2008, Patrick’s project has met with success,improving access to justice for those who can’t afford it and releasing innocent and criminal defendants from unlawful custody. As a result, Dunkwu and his team released 38 criminal defendants from unlawful detention both at the police stations and the courts, and also raised awareness among lawyers on the need to offer pro bono services to indigent criminal defendants and members of the local community on defense of their human rights.

“One of the most impressive case stories is that of the motor vehicle mechanics who were arrested and detained by the police when a Toyota Camry Car went missing in a garage where they work. Apart from ensuring their release from police custody, I also filed an application for the enforcement of their fundamental human rights to personal liberty, which was granted by the court. Following this intervention, these mechanics became free from police harassment.”

Contrary to the experience of other JusticeMaker Fellows, Dunkwu didn´t experience many difficulties while putting the project into practice. “The initial challenge was gaining the support of the police and prisons needed to do my job. But after several visits to the police and prisons, I got their approval and support.”

Even after four years, Patrick is still working on this project. Due to the local community’s  positive support and the commitment of the volunteers collaborating with the project, he has set up the “JusticeMakers Initiative” in Lagos, a local network of legal volunteers continuing to implement the project by offering legal support to indigent criminal defendants and to improve the regime of the legal protection of human rights in Nigeria. Moreover, this network has received official legal recognition as a non-governmental, nonprofit human rights advocacy organization.

“My JusticeMakers Project gave me a great opportunity to realize my dream of putting in place a sustainable platform to fight for the rights of indigent criminal defendants, as well as an opportunity to build a sustainable partnership with state and non-state stakeholders in my work as a human rights defender.”

As a result of Patrick’s work in Nigeria, many accused people are now more aware of their rights and the strategies they can adopt for their enforcement.  Additionally,the police are beginning to grant lawyers access to pre-trial detainees. The project created a new kind of collaboration between the JusticeMakers team and the police, as well as the prison officials. This new collaboration assisted in reducing the hostility of the police against his legal team and enabled them easy access to detainees for legal assistance.

Above: The degree of poverty the majority of the population live in is shocking. Affording a lawyer when in contest with the law is an unimaginable prospect.

In the time I was there the ratio of days where the courts actually functioned versus not was disproportionate to say the least. More often than not there was no electricity. When the electricity was available it was not uncommon for the judge to not show with little to no notice. Of the numerous times I visited the courts to witness the work of the JusticeMakers Team I believe only once was Patrick Dunkwu able to appear before a judge.

Above: 2008 JusticeMaker Fellow Patrick Dunkwu.

It is important to remember that in most criminal cases the defendants remain in custody when a judge fails to show or the electricity prevents the court from sitting. The tragic state of the judicial system is even more painful when one considers that over 70% of Nigerians live on less than $1 a day and over 90% live on less than $2. It is extremely difficult for most Nigerians to come up with the resources to operate in a system deeply rooted in bribery and extortion.

One of the things that stood out so strongly during my time with Patrick and the JusticeMakers team is how dedicated these folks are despite what amounts to direct danger.

Building upon this success, yesterday Patrick reported that the team is well on their way to ensuring that the garage workers who were arrested in the case of the missing car are cleared of all charges. These men were arrested and charged with stealing a second-hand Toyota Camry from the garage where they worked. In the absence of any evidence against them, Patrick secured their release, however the police demanded that the accused report to the police station every day to continue the investigation. The accused appeared before the High Court of Lagos State where Patrick and Mr. Nwaka, another member of Patrick’s JusticeMakers team, applied for a leave of the court so that the defendants could enforce their fundamental human rights. They were granted leave, and the court officials were asked to give the police the opportunity to explain their reasons for the continued harassment of the defendants. The case has been adjourned until 2 June 2009. 

The police then made a series of arrests around the crime; the first man to be accused was Mr. Arinze who had visited the garage a handful of times and had expressed interest in purchasing the second-hand car. He had called the garage the same day the car was stolen to inform the mechanic that he would be coming to purchase the car the following day. Mr. Arinze was released from custody upon making a statement to the police. The police then arrested all the mechanics, panel beater and technicians that were working at the garage at the time and detained them for four days; from the 19th to the 23rd of December, 2008. They were reportedly released after making a statement to the Police, however they claim that the police extorted money from them in exchange for their release.

In March 2009, the case was transferred to Alagbon Police Station, where the police immediately arrested five suspects (shown in the above photo). Following a call from one of Patrick’s paralegals, Patrick and Ms. Shobowale – a member of Patrick’s legal team – went to the Police station and affected their release. However, the police say their release is contingent upon them reporting to the station every day. They say this is necessary for them to continue with the investigation. Patrick believes that this is a breach of their right to personal liberty, and he promptly filed an application for the enforcement of the detainees’ fundamental human rights at the High Court, presided over by Honorable Justice Onyeabo. He has asked the court to prohibit the police from demanding that they report to the station on a daily basis and threatening them with further arrest. The date of the hearing has been booked for the 7th of April, 2009 so stay tuned!

Acting as an agent to his landlord, one of the accused had issued statutory quit notices to a tenant who had failed to pay her rent for over three years. He also gave evidence against her in court, and she was ordered to vacate the apartment.

Following a court order, the tenant and her son assaulted the couple, and in an act of vandalism, did extensive damage to their car. The couple reported the matter to the police and the tenant was invited in for questioning but subsequently released on bail. Once released, she went directly to her brother – a very senior police officer – who exerted his influence to have the case transferred to a different police station. When the couple were invited in for questioning at the new station, they were promptly arrested and detained for alleged assault. 

Patrick received a call from Ms. Kopindi Kanebi, a paralegal stationed at the court, and was able to affect their release. Unfortunately, the couple has continued to be threatened by the police. Patrick has therefore filed the case before the High Court of Lagos State, in the hope that the Court will make an order that the arrest and continuing threat of arrest of the couple constitutes a violation of their fundamental human rights, as provided for in the Constitution of the Federal Republic of Nigeria 1999.

The Registrar of the High Court has agreed to give a date for the hearing – the JusticeMakers team will keep readers updated as soon as we get word from Lagos!

And yet, knowing the personal tragedies that affected some of their lives, I know they must have been twice as determined, perseverant and bold to achieve what they did. One of them tragically lost his father 7 years ago as a result of his abduction by the security forces of his country. He and his family know lives with the burden of not knowing what exactly happened but they are driven by the strong will to put an end to forced disappearances through community-based initiatives.

While she was taking care of at-risk population far away from home, one of the JusticeMakers sadly lost both her parents during the floods. She was just 17. And yet, she found the courage not to despair and to build her own non-governmental organization to put an end to gender discrimination and help women from her community to emancipate from the deeply rooted man domination.

Despite these hard realities JusticeMakers had to face, they refused to give up the fight. I feel like each one of them is driven by a flame, a flame of hope that gives them the courage to move their project forward and guides them through the dark. To me, this flame’s name is passion.

I remember IBJ’s Founder and CEO explaining that when she decided to be a social entrepreneur, everyone told her how crazy she was. One day a caring voice told her she was absolutely not crazy. Passion guided her then and guides her still. I hope that somehow this little voice encouraging you to intensify your efforts has been and will be JusticeMakers. Because, believe me, you are not crazy. You are outstanding, fighting to write a new page of your local community’s history in which justice and love is the way in which people relate to one another.

One of the JusticeMakers just reminded me today that ” Sharing is caring and caring is love”. He added the following note that touched me: “I feel that of caring and love from your sharing”. To me, this means that strength to stand up against injustices comes from relating with other human beings and feeling part of a caring community. So remember…love is always winning.

Again, let me thank you all for your kind words of encouragement, strength and faith. Wherever you are, in Kenya, Uganda, Pakistan, Nepal or elsewhere. Thank you.

Henry worked with Bureau of African Labour, Human and Democratic Rights, where he provided legal aid services and conducted workshops on human rights and good governance. He now works primarily with victims of human rights abuses, including inmates in the Nigerian prison system.

As a lawyer, he is well aware of the overcrowded prisons in his country. Henry sites that some prisons in Nigeria has an average of 250% capacity, where many inmates are still awaiting trial. He points to Ikoyi prison in Lagos State where 1,917 of 2,061 inmates are awaiting trial primarily because of the holding charge. For his JusticeMakers competition project proposal, Henry wants to challenge the constitutionality of the holding charge by litigating two key cases. You can read the project in detail by clicking here.