A group of women lawyers under the Headfort Foundation, a nonprofit organization, is committed to decongesting Nigerian prisons.

By Mohammed Taoheed
LAGOS, Jul 16 2024 (IPS)

Nyeche Uche, aged 60, got arrested by Nigeria’s cybercrime fighter, the Economic and Financial Crimes Commission, for stealing. He spent 13 years and eight months in prison while awaiting trial. It took a church who went for prison outreach to refer his case to a legal firm for a pro-bono service over his case in March 2022.

Arraigned before a court in October 2023 after initial claims that his case file had been lost, it was argued by his lawyer that the septuagenarian be released even if found “guilty” of the crime because he had already spent the jail-term set by the law.

Some days after this, Uche finally regained his freedom. The legal firm that came through for him is the Headfort Foundation, which is a nonprofit organization committed to decongesting Nigerian prisons.

“During the process of my stay in the prisons, my case file has been lost and it’s even this organization that drugged it out qadd ensured that it’s even given to the judge so that my case could be concluded,” Nyeche told IPS.

In Nigeria, criminal cases are tried in magistrates and the high courts. Similar to the UK, magistrates deal with minor offenses while serious offenses are referred to the high courts. Unfortunately, it can take several years to get a referral, leaving the suspects remanded in prison longer than the sentence would be for the crime of which they are accused — if tried before the courts.

More than 79 percent of persons in prisons are awaiting trial in Nigeria with the majority of them not convicted for years. This is despite a justice delivery law such as the Administration of Criminal Justice Act (ACJA) which stipulates the determination of cases within a reasonable timeframe to ensure speedy trial and prevent decongesting of the prison facilities.

Against this backdrop, the Headfort Foundation, aims to provide access to justice, reforms advocacy and human rights issues in Nigeria. Established in 2019, the organization has secured the release of 200 illegally detained persons and has offered pro bono [free legal] services in over 1000 cases.

“Almost indigent victims of human rights abuses find themselves ensnared in the justice system, unable to access human rights lawyers or defenders due to their socioeconomic status. Their right to justice is often denied,” said Adenekan Oluwakemi, the Head of Programs at Headfort Foundation.

An Initiative to the Rescue 

In response to this disparity, it inaugurated the “Lawyers without Borders” project in September 2020 following the onset of the Covid-19 lockdown after securing state approval. The initiative uses mobile offices within court premises to  facilitate easy access to its team of lawyers to represent victims of human rights abuse and their families in legal challenges.

“Prior to the pandemic, we had easy and free access to the prison to take on the cases of indigent inmates but due to the pandemic, we faced restrictions on entering prisons to take on the cases of indigent inmates, which were imposed as a precautionary measure to prevent the spread of the virus. This limitation hindered our ability to provide legal assistance to those in need within the prison system,” explained Oluyemi Orija, the founder of the organization.

Meanwhile, at the height of the pandemic, Nigeria’s cops — known for a history of systematic irregularities — reportedly accelerated its crackdown on citizens’ rights. The body unlawfully arrested and detained tens of thousands of locals for a number of acclaimed offenses which led to EndSars protest in October 2020, an anti-police brutality movement that gained global momentum in the year.

“The Nigeria Police Force plays a crucial role as a key stakeholder in the judicial system, significantly contributing to the administration of justice. Their indispensable role cannot be overlooked. However, at Headfort Foundation, there is an ongoing policy advocacy endeavors to promote the implementation of non-custodial measures, such as mediation, for minor offenses. We are optimistic that these efforts will soon come to fruition,” Oluwakemi told IPS.

Oluyemi said what keeps her team going is that they believe each liberated individual represents a triumph over injustice.  “Their smiles, their gratitude, and their renewed sense of hope propel us forward in our quest for a more equitable and just society — a beacon of hope for others who may still be awaiting their own opportunity for freedom.”

A heap of bottlenecks 

Oluyemi expressed that the organization’s efforts to decongest the correctional facilities are frequently thwarted by the multiple obstacles within the justice system.

“One of the primary challenges we encounter is financial limitations, our services are provided free of charge to indigent individuals, operating costs, including legal fees, administrative expenses, and outreach efforts, can quickly accumulate, putting a strain on our resources,” she said.

To address this challenge, the foundation implemented various fundraising initiatives such as crowdfunding, including seeking grants from other organizations, partnering with corporate sponsors, and organizing fundraising events. Additionally, they rely on the generosity of individual donors who support their cause.

Coupled with its efforts, the founder stressed strongly that constant advocacy and engagement with concerned stakeholders within the judicial sector would address the systemic and long-standing issues that face the country’s prisons system.

IPS UN Bureau Report