Stakeholders demand that the Police Duty Solicitor Scheme be repositioned

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Stakeholders have urged for the Police Duty Solicitor Scheme (PDSS) to be repositioned so that Nigerians across the country can efficiently access justice.

The request was made during a stakeholder conference in Abuja over the weekend to commemorate International Human Rights Day.

Experts present at the event urged police officers to rethink how the PDSS assists them from investigation to court appearance.

Among those who spoke at the event were Solomon Arase, former Inspector General of Police and Chairman of the Police Service Commission; Lateef Fagbemi, SAN, Attorney General of the Federation and Minister of Justice; Aliyu Abubakar, Director General, Legal Aid Council of Nigeria; and Dr Oluwatoyin Badejogbin, Project Manager, Criminal Justice Reform, Rule of Law, and Anti-Corruption (RoLAC Phase II) Programme.

The event, which marked the end of the 16 Days of Activism Against Sexual and Gender-Based Violence 2023, was organized by the International Institute for Democracy and Electoral Assistance’s (International IDEA) European Union-funded Rule of Law and Anti-Corruption Programme in collaboration with the Legal Aid Council of Nigeria, LACON.

In his opening remarks, Aliyu Abubakar, Director General of the Legal Aid Council of Nigeria, highlighted the scheme’s benefits, which include fostering community policing, strengthening police service delivery, and increasing protection and promotion of suspects’ and detainees’ legal and human rights, among other things.

He requested cooperation from the police hierarchy before launching the initiative across the country.

In his keynote address, Arase stated that the implementation of the PDSS in response to the necessity articulated in the Administration of Criminal Justice Act (ACJA) was a watershed event in the commitment to protect the rights of people in police custody.

According to the Police Service Commission’s chief, the improvements made possible by the PDSS have been transformative, not merely in theory but also in concrete, life-changing ways.

He, on the other hand, advocated for a more comprehensive and integrated approach that targets fundamental faults in the country’s criminal justice system.

“Historically, detainees faced lengthy periods in police facilities without access to legal representation, resulting in routine violations of their rights,” he explained. Driven by a desire for justice, the PDSS has evolved into a mechanism through which lawyers provide free legal assistance to detainees throughout Nigeria, ensuring that their rights are not only safeguarded on paper but also upheld in practice.

“While the PDSS has demonstrated success in specific regions, there is a need for widespread replication and adoption.” The lessons learnt in Anambra, Edo, the Federal Capital Territory, and Lagos could serve as a model for other states, promoting a culture of legal accountability and collaboration that transcends regional boundaries.”

Lateef Fagbemi, Attorney General of the Federation and Minister of Justice, was represented by Gladys Odigbaro, Director of Solicitor Department, Federal Ministry of Justice, who stated that the implementation of Force Order 20 and other relevant provisions of the Administration and Criminal Justice Act (ACJA) are commendable milestones in the concerted efforts to address the crisis of arbitrary, irrational, and indefinite pretrial (awaiting trial) detention.

He added that the system has the added benefit of minimizing overcrowding of convicts in correctional facilities, saving the government the resources required to maintain a large population of inmates or detainees.

The Inspector General of Police, Kayode Egbetokun, represented by AIG Shehu Gwarzo, stated that the Police Duty Solicitor Scheme, as captured by Force Order 20, aims to help to the realization of his administration’s ongoing reform plan.

“Force Order 20 addresses free legal services for arrested or detained persons in police formations,” he stated, establishing the PDSS as a nationwide delivery mechanism. It expands the provision of legal services in police stations by ensuring suspects have timely access to duty solicitors. It fulfills Nigeria’s constitutional commitment of access to counsel in police stations.”

Dr Oluwatoyin Badejogbin, Project Manager, Criminal Justice Reform, Rule of Law, and Anti-Corruption (Phase II) Programme of International IDEA, stated that the event was intended to establish the IGP’s renewed commitment to grant duty solicitors access to police detention centers. He also stated that it intended to update police officers’ understanding of how the PDSS assists the police force from investigation to court appearance.

Participants at the event were police spokespersons from all 36 states and the Federal Capital Territory (FCT).

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