Sustaining Access to Justice: The Impact and Future of the Police Duty Solicitor Scheme (PDSS)

When I began working on the Police Duty Solicitor Scheme (PDSS) as a Programme Officer with The Rule of Law and Empowerment Initiative also known as Partners West Africa Nigeria (PWAN), I initially assumed it would be just another project, one to be implemented and concluded. However, I was unprepared for the profound emotional and professional impact of what started as a modest intervention in Niger State, with only five divisions and ten lawyers.

The early months were both challenging and instructive. While the Commissioner of Police was receptive and approved the rollout of the scheme, a significant hurdle remained: securing the buy-in of Divisional Police Officers. Gaining their trust and cooperation was essential to creating space for PDSS lawyers to function effectively within police stations. In one division, it took PWAN seven months to get the Divisional Officer onboard and to grant full access to the lawyers assigned to all detainees and officers.

The Police Duty Solicitor Scheme under Force Order 20 was initially designed to provide pro bono legal service to serving police officers who need to be represented during disciplinary panels/committees in the NPF. However, it was amended in 2020 and Force Order as Amended has one

core objective, which was to ensure that detainees receive legal support at first contact with the police, thereby reducing case backlogs and pretrial detention. However, the scheme has achieved far more than its initial mandate.

The presence of lawyers in police stations has significantly helped curb the inhuman and unlawful treatment of detainees. Police officers, aware of legal oversight, are more cautious in their conduct. In instances where violations occur, PDSS lawyers intervene promptly, advising against torture and other unlawful practices. Beyond supporting detainees, these lawyers increasingly serve as technical advisors to police officers, who now seek legal guidance on handling cases in compliance with the law.

A major milestone came in 2023 with the domestication of the Administration of Criminal Justice Law (ACJL) in Niger State. The law mandates that confessional statements must be made in the presence of a legal practitioner or a chosen representative. This provision significantly strengthened the PDSS’s relevance. In cases where suspects cannot afford legal representation or lack family support, PDSS lawyers are engaged to ensure compliance with the law and protection of rights.

The human impact of the PDSS is perhaps best illustrated through real-life cases.

The case of “Hakeem” (name changed) highlights the scheme’s critical role. After being brutally assaulted by vigilantes, he was brought to a police station and initially dismissed for feigning illness. A PDSS lawyer intervened and secured his release on bail for medical treatment. Tragically, he died 48 hours later due to internal injuries sustained prior to custody. The PDSS documentation of his condition upon arrival was instrumental in preventing community unrest and clarifying that the police were not responsible for his injuries.

In another case, a young girl brought to a station by her parents for “discipline” was subjected to a harmful act that was promptly halted by a PDSS lawyer. Further inquiry revealed that she had been a victim of abuse by a religious leader, which had led to behavioural changes. This intervention not only protected her but also triggered a broader investigation and stakeholder discussions on abuse within religious institutions.

These examples demonstrate that the PDSS goes beyond providing legal assistance; it is a vital mechanism for safeguarding dignity, uncovering hidden injustices, and strengthening societal accountability.

The scheme has also improved the quality of justice delivery. A magistrate noted:

“There is a clear difference in cases coming from divisions where PDSS operates. They show better attention to detail, adherence to procedure, and respect for evidence. Trying such cases is usually seamless.”

Practitioners echo similar sentiments. A PDSS lawyer observed:

This programme has strengthened my determination and equipped me with the skills to work more effectively.”

Another added:

“The survivor-centred approach has transformed how I engage with victims, especially in gender-based violence cases.”

The Legal Aid Council of Nigeria further emphasized the broader systemic impact:

The success of the PDSS lies in the partnership between police and legal aid lawyers. Early access to legal representation, reasonable bail conditions, and reduced remand directly ease congestion in custodial centres and build public trust.”

Additional outcomes include:

  • Improved police conduct and compliance with human rights standards
  • Stronger collaboration between police officers and legal practitioners
  • Reduction in cases of fundamental rights violations
  • Increased professionalism in case handling and documentation

While the PDSS’s achievements over the past three years are commendable, they raise an important question: what happens when project funding ends?

As a civil society-driven initiative, the PDSS risks discontinuity without sustained institutional support. Yet, its benefits to detainees, the police, the judiciary, and society at large are too significant to lose.

Sustaining the PDSS requires deliberate action: government ownership, policy integration, and continued investment in training and coordination. Access to justice should not be a temporary intervention; it must be a permanent feature of a fair and accountable system.

The PDSS has shown what is possible. The next step is to ensure that its impact endures.

 

Nana-Hauwa Isa

Program Officer PWAN


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