PRECEDENT DECISION ON INDEPENDENT PRO BONO LEGAL REPRESENTATION FOR DETAINEES
Kumba, August 12, 2009
On 11 August, 2009, in an in-camera preliminary investigation in the case of State vs. Victor Amandi, President of High Court III, Justice Mepha J., made a precedent decision regarding the compulsory nature of state-appointed counsel in capital punishment cases. In interpreting the applicability of the new Criminal Procedure Code, Justice Mepha ruled that, although the Code normally requires either a state-appointed or defendant-hired counsel, in exceptional cases, a third-party NGO such as Global Conscience Initiative (GCI) may appoint pro bono counsel to represent the accused.
The circumstances leading to this ruling were that the accused, a juvenile Nigerian with no proof of age, was accused of murder in November of 2008, and has been remanded in awaiting trial custody for the last nine months alongside adult detainees. GCI strongly opposes the mixing of juveniles with adult detainees under any circumstances, but especially when the accused has yet to be convicted and has not even been afforded a preliminary hearing.
As a result of the efforts of GCI Prisoners’ Rights interns Barbara Schuler and Brendan Fletcher, Justice Mepha agreed to allow Barrister Philip Awutah to remain the lead counsel for Victor Amandi and to grant bail at the subsequent hearing, provided a surety comes forward.
GCI views this development as a great victory, which will pave the way toward future representation by qualified and independent pro bono lawyers, even where the state would normally provide for legal representation.
Congratulations! That is excellent news. Well done Barbara and Brendan.
Comment by Chief of Kwa-Kwa — 14/12/07 @ 9:36 pm08
Excellent!What a bold step! Good job Babara and Brenda. Bravo to GCI.
Comment by Makia Maliaka — 14/12/07 @ 9:36 pm08
Bravo GCI!you guys are doing a great job. Keep it up.
Comment by Makia Malaika — 14/12/07 @ 9:36 pm08
I’ll volunteer in your NGO someday.i surely don’t want to be left out in this divine inspired move.GCI has come to stay.god has already blessed you.MOVE ON!!!!!!
Comment by jude ebile — 14/12/07 @ 9:36 pm08