EBSU LAW CLINIC: 2014

Wednesday, 13 April 2011

EBONYI STATE UNIVERSITY LAW CLINIC IN BRIEF

EBONYI STATE UNIVERSITY LAW CLINIC IN BRIEF

Located at the ultra-modern Faculty of Law complex, CAS Campus Abakaliki

Introduction

n The Faculty of Law Ebonyi State University, Abakaliki was established at the beginning of the 1999 session. It was established to meet the yearnings of the teaming population of Ebonyi people, which had long suffered dearth of legal manpower and others who want to have access to legal education. Over the years, the Faculty has designed and redesigned its curriculum to be in consonance with current trends in legal education globally. The Faculty has three departments. The EBSU Law Clinic which is the students’ practical law firm is under Directorate of Clinical Legal Education of Ebonyi State University. The University established the Clinical Legal Education (CLE) programme to boost its system of law training in practical skills development which was hitherto nonexistent in Nigeria.

n The introduction of CLE has made positive impact not just to the students but also to the university and its immediate communities. The Director of the Clinic Dr. Amari Omaka, is a well experienced legal practitioner- at the bar, bench and academia. His experiences as a national and international scholar in no small measure contributed to the fast growth of the law clinic making it rank among the best five in Nigeria. Students trained under the clinic have won laurels at national competitions and also excelled at the Nigerian Law School.

Genesis of EBSU Law Clinic

n The EBSU Law Clinic commenced preliminary operation in October 2004. It however, resumed clinical law training with the ideals of Clinical Legal Education on June 25, 2006 when the clinic received Senate approval. Clinical Legal Education (CLE) as a concept and teaching methodology is directed towards acquisition of functional learning. Simply put therefore, the Law Clinic is to law students what the University Teaching Hospital is to medical students. The curriculum as recently approved by NULAI in October 2006 is a 4-semesters-based, designed for the 4th and 5th year LL.B programme.

n It has learning objectives for each subject and there is emphasis on the use of interactive teaching methods and clinical approaches like simulations, role plays, video clips, exercises, brainstorming, tutorials, assignments, moots/mock trial, skills competitions, clinics, site visits, internships/ attachments, street law programmes, teach back, increased use of IT and teaching aids etc. The programme is thus aimed at equipping the students with problem solving skills, legal analysis and reasoning skills, communication skills, interview and counselling skills, trial preparation and trial advocacy skills.

n The clinic helps to produce law graduates with sound knowledge of law and related disciplines and who possesses the necessary skills to tackle the problems of the society through the law. EBSU Law Clinic meets the above targets through a well-structured curriculum which it is presently operating.

Office Space / facilities

n Because CLE involves the setting up of a Law Clinic; consequently, the programme is run with a functional law clinic. The law clinic uses a full wing of the top floor of the Faculty of Law Complex as the Law Clinic. The clinic is of international standard. The clinic is open to the public and manned by student clinicians supervised by lecturers. The facilities in the clinic include:

n Clinic reception,

n Judge’s chambers,

n A state of the art moot court

n Clinic conference room

n A large classroom to be partitioned into clinicians offices,

n File cabinet

n Study/mini library space etc.

n It is fully air-conditioned and sufficiently furnished with modern day conveniences, office machines and gadgets. CLE and the EBSU Law Clinic is the best learning opportunity for teaching professional responsibility to the students who are therefore compelled to learn by dealing with real life cases.

Law clinicians insert in the impressive EBSU Law Faculty complex housing the Law Clinic, gardened and horticultured by EBSU Law Clinic Envirommetal Protection Initiative.

Vision

n To provide a world-class legal training for students of EBSU law faculty. The practical programmes of the clinic aims at creating a new breed of lawyers who will be capable of thinking outside the constraints of national boundaries and who can recognise and apply contemporary jurisprudence.

Mission

n To develop skills in our law students through interactive teaching methodology that will equip them to grapple with modern day law practice in all jurisdictions, and develop pro bono culture in them before graduation.

Feats:

Ø Played Key Role in accreditation of Law Faculty: The impressive performance, moot court and massive infrastructure in EBSU Law Clinic helped in achieving 95% NUC accreditation rating in 1997. This feat gave EBSU Law Faculty full accreditation by the National Universities Commission (NUC), and the law faculty ranked the 2^nd best law faculty behind Lagos State University.

Ø The biggest Law Clinic in Nigeria: As at date, EBSU Law Clinic remains the biggest Law Clinic in Nigeria, and the design of the moot court and clinicians’ offices are being used as a model and copied by many universities. In addition, the Law Clinic is the 1^st(first) law clinic to be upgraded to a Directorate in Nigeria, in line with international best practices and standards.

Ø Overall 2^nd position in National Client Counselling Competition 2006: In 2006 EBSU Law Clinic trained law students who beat several other law faculties in Nigeria Universities in the 1^st Nigerian National Client Counselling and Skills Completion at the University of Maiduguri, and emerged overall 2^nd position, queuing behind the host university.

Ø Represented Nigeria in Britain: In April 2006 after qualifying as one of the two national representatives EBSU Law Clinic took part in the finals in Britain. The contingent qualified as runners up and was one of the two teams that represented Nigeria in the Louise M. Brown International Client Counselling Competition that took place in Cardiff Law School, Cardiff Wales United Kingdom in April 8-16 2006

Ø Overall 3^rd position in NCCC: Again, during the 3^rd in National Client Counselling Completion held at the Nigerian Law School Abuja in 2007EBSU Law Clinic trained students of EBSU Law Faculty who made an impressive 3^rd position. Yet, again, in the 5^th NCCC held at the Nigerian Law School Enugu campus in 2009, EBSU Law Clinic trained law students who emerged overall 3^rd position in the competition involving all Law Faculties and Law Schools in Nigeria. In the course of the competition we beat institutions like University of Nigeria Nsukka, Ahmadu Bello University Zaria, Bayero University Kano, University of Ibadan, Ambrose Ali University and others at the group, quarter and semi finals respectively. We defeated the defending champions, Obefemi Awolowo University Ile-Ife at the semi finals, and participated in the finals. We however queued behind the Abia State University and Nigerian Law School who took 1^st and 2^nd positions respectively.

Ø EBSU Clinical Law Student takes World 2^nd Position: At the just concluded International Journal of Clinical Legal Education Conference (IJCLE) held at Northumbria University, Newcastle Upon Tyne United Kingdom, a final year law student and a group leader in EBSU Law Clinic, Miss Iphie Ifenyinwa Gloria emerged overall 2^nd position worldwide. Countless entries were received all over the world, including five entries from Nigeria, two of which came from EBSU. After a through screening by delegates across the globe who voted, Iphie’s poster was rated overall 2^nd position. In addition, the poster from the leader of the EBSU Law Clinic, Mr Ivoke Hezekiah was among the top seven world-over. The 1st position went to a post designed by a group of law-clinicians from a university in Spain. The participants commended EBSU law clinic and the quality of training they are receiving. Many openly said that much has been known of EBSU through her clinical programme despite her very short history among universities in the world.

Ø Similarly, the Law Clinic produced 1^st class in Nigerian Law School: in 2008, the leader of EBSU Law Clinic made a rare and impressive 1^st class degree at the Nigerian Law School

Ø EBSU Law Clinic has contributed in no small measure in putting the University and Nigerian University system in the world map, through her CLE Programme. Similarly, the Clinic has helped in developing research and ICT skills among law students. Recent Clinic mapping national and International by NULAI and OSJI respectively in 2010, and one of the best five Law Clinics in Nigeria.

Research Projects:

Ø Environmental tree planting and gardening in EBSU law faculty 2006/2007:

In 2006/2007 academic session, the EBSU Law Clinic Environmental Protection Initiative (EBSUEPI) conducted a quasi/test study on implications of direct sunlight and other ecological problems on the environment. At the end, the clinic led by Director, Dr Amari Omaka carried out a tree planting and horticultural activity in CAS Campus of Ebonyi State University, particularly, around the law faculty complex. The trees and flowers planted included whispering pine, eucalyptus, palm trees, economic trees, Melina, izora, yellow-bush etc. The clinic established the law faculty garden in front of the massive new law faulty complex.

Ø Environmental clinic on quarry 2007/2008

In view of the menace posed mining and quarrying of industrial stones in Abakaliki, the Ebonyi State capital, in the 200/2008 academic session, the law clinic carried out a scientific research on the environmental and health implications of quarry activities within Abakaliki Capital city. At the end of the day, the report of findings was sent to Ebonyi State Government and other development partners. The report greatly influenced the relocation of quarry / stone blasting activities fro Abakaliki capital metropolis to Okposi Umuoghara in Ezza North Local Government Area.

Bezare!!!

Environmental and health bizarre of Ebonyi State capital Abakaliki before EBSU Law Clinic study, findings & recommendations that led to the final relocation of quarry activities to Okposi Umuoghara

Ø Prison project 2009/2010:

Following the need to be part of the Federal Government of Nigeria and Development partners, multifaceted approach to prison services and consequent decongestion, the EBSU Law Clinic decided to make prison projects one of her cardinal projects for 2008/2009. This project is not only geared at assisting the inmates of the two federal prisons in the state (Afikpo and Abakaliki prisons) to access legal service, but also to avail the pivotal law students an opportunity to work and learn with real live clients, viz the awaiting trials and those wrongly detained. The clinic carried a detailed scientific research on the legal, social, educational, health, vocational and other needs in the prisons. The sex, age, periodic and other classification / embodiments of prison inmates. This is with a view to contributing her quota to prison decongestion in Nigeria. The report/findings have been forwarded to national and international development partners and sponsors of the project, Open Society Justice Initiative (OSJI) and Network of University Legal Aid Institutions (NULAI). Similarly, the Director of the Clinic, Dr Amari Omaka presented the study and findings at an international forum in Northumbria University, Newcastle Upon Tyne United Kingdom, and Stanford University California United States.

Community Service:

EBSU Public Interest, Access to Justice and Street Law Programmes

n The NUC current minimum academic standards in law and the draft benchmarks and minimum academic standards in law published in August 2004 and Network of University Legal Aid Institutions (NULAI) guidelines 2006 make provisions for simulative and practical legal training.

n Thus, the essence of the non-examinable practical training requires that “A community based course: moot court, prison services; community legal assistance to the poor, minority and the under-privileged should be introduced”. This is mainly clinic-based, and constitutes the major bulk of the service aspect of the clinic. The Clinic operates as a service centre to handle Legal matters for indigent people around the University environment and entire Abakaliki metropolis.

n Matters like, Family Law and Domestic Violence, Human Right, HIV/AIDS Right, Environmental Right, Tenancy matters; etc are handled in the Clinic, particularly for the indigent. Publicity for the clinic is through, the electronic and print media. Others include addressing village / town association, religious organizations like churches. The communities service outreach programmes are done through:

Ø Street law programmes to schools, hospitals, markets, parks etc

Ø Outreach programmes on human rights, especially to vulnerable groups like women and children.

Ø Pro bono and free legal aid services to the poor and illiterate forgotten lot.

n The goals of the law clinic’s community service programmes include inter alia:-

n 1. To train students on practical lawyering

n 2. Practical client counselling skills

n 3. Moot court practice.

n 4. To render free legal services to the indigent people around the university and the state.

n To achieve citizenship education and rights sensitisation.

n To train the students to be responsive to the needs of their immediate environment.

n To carryout the different projects of the clinic, through her specialised units like EBSU HIV/AIDS Initiative (EBSUAI). EBSU Environmental Protection Initiative (EBSUEPI), EBSU Family Law Centre (EBSUFLC) etc.

International Conferences:

To update in contemporary legal research and skills development the directorate has participated in conferences and training workshops in Durban, Johannesburg, (South Africa), Cardiff Wales, London, Newcastle (United Kingdom), Manila (Philippines), Toronto (Canada), Tel Aviv (Israel), Ghana and international conferences in different parts of Nigeria.

Dr. Amari Omaka, presenting a paper at 8^th IJCLE Northumbria University UK, July 7, 2010

Dr. Amari Omaka, presenting a paper at 4^th ILEC/CLE conference Stanford Law School University of Stanford California July 16, 2010

Dr. Amari Omaka with delegates in an International CLE conference in the United State

Dr Amari Omaka at in GAJE-CLE Justice Education conference in Manila Philippines 2008

Linkages:

The Clinic has linkages with the following international organisations;

Ø Global Alliance for Justice Education (GAJE) with headquarters in the United States,

Ø International Clinical Legal Education Organisation (IJCLE)

Ø Bridges Across Borders of South East Asia (BABSEA) Thailand, founded Prof Bruce Lasky

Ø Open Society Justice Initiative (OSJI), Budapest and New York

Ø Network of University Legal Aid Institutions (NULAI-Nigeria)

Ø International Federation of Women Lawyers (FIDA), Abakaliki branch

Ø Legal Aid Council of Nigeria (LAC)

Ø Macarthur Foundation . Below are pictures with some of the above partners:

Dr Amari Omaka, Director Clinical Legal Education EBSU with Prof Peter Joy - world-renowned professor of Clinical Law of Washington University St Louis Missouri USA and resource fellow of IJCLE

Dr. Amari Omaka, Director Ebonyi State University Abakaliki Nigeria with erudite Professor Deborah Rhodes – an E. W. McFarland Professor of Law & Dean Stanford Law School (centre). Extreme left is Carolyn Lamm President-General of America Bar Association (ABA) and FIDA icon

Dr. Amari Omaka poses with GAJE members in England during a Law Clinic conference. From left standing are Professors Les Macrimmom (Australia), Frank Block (USA), David Macquoid-Mason(South Africa), Catherine Klein (Washington, USA), Sarah Chandler(London), Anon (United Kingdom), Peter Joy (Missouri USA), Maureen Cooke (Newcastle UK). Squatting: Anon (UK), Bruce Lasky (USA/Thailand), Dr Omaka (EBSU, Nig), Kevin Kerrigan (Northumbria UK), Philip Plowden (Dean, Northumbria) and Samaranda (UI, Nig)

Dr. Amari Omaka with President of BABSEA, Thailand, Prof Bruce Lasky, BABSEA South East Asia Director Wendy Morrish and Associate Prof Madya Norbani Mohamed Nazeri (University of Malaysia clinical director). EBSU Law Clinic partners with BABSEA in students internship programme..

Grants:

The clinic has received funding over the years from Open Society Justice Initiative (OSJI), Budapest and New York, Network of University Legal Aid Institutions (NULAI-Nigeria) Abuja, Macarthur Foundation and individual supports. The University has also been providing institutional support in the area of training and logistics.

Dr. Amari Omaka with Marguerite Angelari (USA) the project officer of EBSU Law Clinic’s main sponsor Open Society Justice Initiative (OSJI) in Budapest, Hungary.

A Few of the Cases handled by the clinic:

In her free legal aid services to the people (the indigent) in defense of their human rights, the law clinic have handled many pro bono cases and settled some cases within the clinic, some of them include:

n EBSU/LC/01/2006COP v. Emeka Nweke

n Here, Emeka Nweke (as reported by his mother Mrs. Patience Nweke) an only child of his mother) was returning to Abakaliki from Awka where he attends school. The Ebonyi State Government’s ban on operating motor bikes (Okada) from 7.00pm made him decide to walk home from the bus step. He was picked by the police around 9.30pm and charged for “wandering”. He had been detained for 7 days before his mother came to the EBSU Law Clinic. The police placed a “bail” of 10,000 naira on his head (the type you must pay the police before they release an accused). The poor mother was able to raise 5,000 naira which the police rejected. When the matter came to the clinic 3 clinicians were assigned to handle the matter. After 2 days, we were able to get him out of detention free of charge. The mother was so happy that she openly wept and blessed us. It was an experience that would never be forgotten in a hurry.

n ELC/0002/2007: Ekuma Chukwu Nnenna vs. Ginger International College, Abakaliki.

This involves refusal of the proprietor of the school to pay an employee three months salary on the ground that she has changed employment. We have written an invitation to the proprietor for possible settlement of the mater out of court. The case of the complainant has been settled by the clinic.

ELC/003/2007: COP vs. Cpl Samuel Chikezie (on the complaint of Ugochukwu Ezekiel)

This involves unlawful harassment of the complainant, a final year law student by a police officer. The clinic handled the matter and ensured that the complained is released from custody. A lawyer has taken over the case to press charges against the police officer.

n ELC/004/2007: Re: Complaint of Usulor Ikechikwu

This was a case involving neglect of the complainant by his elder brother over an allegation that involved breach of trust. The clinic mediated in the matter.

Moot and Mock Trials

Intra campus mock trial competition holds regularly especially during students law weeks between the following chambers:

n Niki Tobi Chambers

n Prof Martins Okany Chambers

n Justice Sylva Nwali Ngwuta (JCA) Chambers

n Justice Chukwudifo Oputa (JCS retired) Chambers

What the Students Say:

n These testimonies from law students who have been impacted upon by our clinical method of teaching. Below is a reproduction of some emails sent to the Director at amariomaka2@yahoo.com:

Sir,

I want to congratulate you for your piratical method of teaching, wide knowledge in computer and ITC, which you impart into us in class. I especially commend the interactive classes you create, thus making the legal profession easier to appreciate rather than long and incomprehensible notes, which we are used to. I charge you to keep it up. I also like to congratulate you for making my life better, in that you have delivered me from darkness to light. This is because I had never intended browsing the internet let alone creating an email at this time or understanding how to move motions. I wish to show my appreciation and pray that God will continue to strengthen you. - Nwanganga Calistus (EBSU 2003 25154)

Sir,

Thank you sir, for a great development …… The clinical method of teaching has been wonderful and it is the best thing that ever happened to us as law students. In the law school, we are ahead of others. - Obiakalusi .N. Judith (Reg No. EBSU/2004/30676)

Sir,

It pleases me to congratulate your teaching skills and the course of your lecturing as well as teaching methodology. CLE teaching methodology which you introduced at the faculty of law is the best thing that happened to legal education in Nigeria. Keep it up sir. May God be with you. - Onu Uduma

About the Director

The director of EBSU Law Clinic, Dr. Amari Omaka is a lawyer and scholar of international repute. Dr Omaka is widely published and has to his credit many chapters in books and scholarly articles in his field, both nationally and internationally. He has varied experiences in all aspects of the legal profession -the bench and the bar- and has to his credit more than thirty-seven local and international publications. He has attended several international conferences and delivered academic papers in Africa, Europe, Asia and America. He has also published five books including The Nigerian Conservation Law and Legal Clinic (Precedent and Procedure). He has edited several publications, including national editor Nigerian Environmental Law Review, Practical Law Monitor etc. He has served the Faculty of Law and Ebonyi State University in different capacities. However, he wants to be remembered by the legacies of the law clinic which he established. Contact him with amariomaka@gmail.com, phone: +2348064774016

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Wednesday, 13 April 2011

EBONYI STATE UNIVERSITY LAW CLINIC IN BRIEF