Juvenile Justice System

COVER PAGE
AN ASSESSMENT OF THE PRACTICE OF JUVENILE JUSTICE

ADMINISTRATION IN NIGERIA: A CALL FOR REFORM
(NAME)
MATRIC NUMBER
TITLE PAGE
AN ASSESSMENT OF THE PRACTICE OF JUVENILE JUSTICE

ADMINISTRATION IN NIGERIA: A CALL FOR REFORM
BY
(NAME)
MATRIC NUMBER
May, 2022
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DEDICATION
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DECLARATION
I, (NAME IN ALL CAPITAL LETTERS AND IN BOLD) with Matriculation Number
(MATRICULATION NUMBER IN CAPITAL LETTERS AND IN BOLD) hereby declare
that this research titled “AN ASSESSMENT OF THE PRACTICE OF JUVENILE
JUSTICE ADMINISTRATION IN NIGERIA: A CALL FOR REFORM” is my original
work, all sources and materials used or referred to have been duly acknowledged and have not
been submitted in part or in full for any degree in any other institution.
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CERTIFICATION
This is to certify that this Long Essay titled “AN ASSESSMENT OF THE PRACTICE OF
JUVENILE JUSTICE ADMINISTRATION IN NIGERIA: A CALL FOR REFORM”
was written by (NAME IN ALL CAPITAL LETTERS AND IN BOLD) with Matriculation
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my supervision in partial fulfilment of the requirements for the award of Bachelor of Laws
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ACKNOWLEDGMENT
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TABLE OF CONTENTS
TITLE PAGE ............................................................................................................................ i
DEDICATION ..........................................................................................................................ii
DECLARATION .................................................................................................................... iii
CERTIFICATION .................................................................................................................. iv
ACKNOWLEDGMENT ......................................................................................................... v
TABLE OF CONTENTS.......................................................................................................vii
TABLE OF STATUTES ......................................................................................................... xi
TABLE OF CASES ................................................................................................................xii
LIST OF ABBREVIATIONS ............................................................................................. xiii
ABSTRACT ........................................................................................................................... xiv
CHAPTER ONE ...................................................................................................................... 1
GENERAL INTRODUCTION ............................................................................................... 1
1.1 BACKGROUND OF STUDY ......................................................................................... 1
1.2 STATEMENT OF RESEARCH PROBLEM .................................................................. 3
1.3 THE RESEARCH QUESTIONS ..................................................................................... 3
1.4 AIM AND OBJECTIVES OF THE STUDY .................................................................. 4
1.5 RESEARCH METHODOLOGY ..................................................................................... 4
1.6 SCOPE AND LIMITATION OF STUDY ....................................................................... 5
1.7 SIGNIFICANCE OF STUDY ......................................................................................... 5
1.8 LITERATURE REVIEW ................................................................................................ 6
1.9 SYNOPSIS OF CHAPTER ............................................................................................. 9
1.10 CONCLUSION ............................................................................................................ 10
CHAPTER TWO ................................................................................................................... 11
CONCEPTUAL AND THEORETICAL ANALYSIS OF THE NIGERIAN JUVENILE

JUSTICE SYSTEM ............................................................................................................... 11
vii
2.1 INTRODUCTION ......................................................................................................... 11
2.2 DEFINITION AND CONCEPTUAL CLARIFICATION OF JUVENILE JUSTICE .. 11
2.2.1 Who is a Juvenile? .................................................................................................. 11
2.2.2 The Concept of Justice and Juvenile Justice ........................................................... 13
2.2.3 The Concept of Juvenile Delinquency .................................................................... 16
2.2.4 Conceptual Clarification of the term ‘Juvenile Institutions’ ................................... 17
2.3 HISTORY AND DEVELOPMENT OF JUVENILE JUSTICE SYSTEM IN NIGERIA

.............................................................................................................................................. 20
2.5 THEORIES OF JUVENILE JUSTICE .......................................................................... 22
2.5.1 Critical Theory of Juvenile Justice.......................................................................... 22
2.5.2 Reparative Theory of Juvenile Justice .................................................................... 23
2.5.3 Retributive Theory of Juvenile Justice.................................................................... 23
2.5.4 John Rawls Theory of Justice ................................................................................. 23
2.6 JUVENILE JUSTICE ADMINISTRATION IN NIGERIA .......................................... 24
2.6.1 STAGES OF JUVENILE JUSTICE ADMINISTRATION IN NIGERIA ............. 26
2.7 CONCLUSION .............................................................................................................. 35
CHAPTER THREE ............................................................................................................... 36
LEGAL AND INSTITUTIONAL FRAMEWORK ON JUVENILE JUSTICE

ADMINISTRATION ............................................................................................................. 36
3.1 INTRODUCTION ......................................................................................................... 36
3.2 LEGISLATION ON JUVENILE JUSTICE ADMNISTRATION ................................ 37
3.2.1 The Constitution of the Federal Republic of Nigeria, 1999 as amended (CFRN) .. 37
3.2.2 Child Rights Act 2003............................................................................................. 38
3.2.3 Children and Young Persons Law 1963 ................................................................. 41
3.2.4 Children and Young Persons Act 1943 ................................................................... 44
3.2.5 United Nation Convention on the Rights of the Child 1989 (UNCRC) ................. 46
3.2.6 United Nations Standard Minimum Rules for the Administration of Juvenile Justice
1985 (Beijing Rules) ........................................................................................................ 48
viii
3.2.7 United Nations Guidelines for the Prevention of Juvenile Delinquency 1990 (Riyadh
Guidelines) ....................................................................................................................... 50
3.2.8 United Nations Rules for the Protection of Juveniles Deprived of their Liberty 1990
(Havana Rules)................................................................................................................. 52
3.3 OTHER LAWS GUIDING JUVENILE JUSTICE ADMINISTRATION IN NIGERIA

.............................................................................................................................................. 54
3.4 INSTITUTIONS INVOLVED IN JUVENILE JUSTICE ADMINISTRATION ......... 56
3.4.1 The Police ............................................................................................................... 56
3.4.2 The Courts ............................................................................................................... 58
3.4.3 The Correctional Homes ......................................................................................... 60
3.4.4 The Remand Homes ................................................................................................ 62
3.4.5 The Borstal Centres ................................................................................................. 63
3.5 COMPARATIVE ANALYSIS OF NIGERIA’S JUVENILE JUSTICE SYSTEM WITH

THE INTERNATIONAL MODEL ..................................................................................... 67
3.6 CONCLUSION .............................................................................................................. 70
CHAPTER FOUR .................................................................................................................. 71
CHALLENGES OF NIGERIAN JUVENILE JUSTICE SYSTEM AND DIVERSION

SCHEMES .............................................................................................................................. 71
4.1 INTRODUCTION ......................................................................................................... 71
4.2 PROBLEMS OF JUVENILE JUSTICE ADMINISTRATION IN NIGERIA .............. 71
4.2.1 Physical Abuse of Juveniles During Arrest and Detention ..................................... 72
4.2.2 The Problem of Age of Criminal Responsibility .................................................... 73
4.2.3 Inadequate Number of Juvenile Justice Officials ................................................... 74
4.2.4 Lack of Requisite Training for Police, Judicial Officials, Social Welfare Workers
and Prison Officials.......................................................................................................... 75
4.2.5 Non-establishment of Juvenile or Family Courts ................................................... 76
4.2.6 Lack of Facilities for Detention of Child Offenders ............................................... 77
4.2.7 Inadequate Funds .................................................................................................... 78
ix
4.2.8 Non-recourse to Alternative Measures ................................................................... 80
4.2.9 Lack of Legal Representation ................................................................................. 80
4.2.10 Listing of Children as Adults to Justify Detention in Regular Prisons ................. 82
4.2.11 Denial of Occurrence of Death of Children in Custody ........................................ 83
4.3 CONCLUSION .............................................................................................................. 83
CHAPTER FIVE.................................................................................................................... 85
SUMMARY, RECOMMENDATIONS AND CONCLUSION .......................................... 85
5.1 INTRODUCTION ......................................................................................................... 85
5.2 SUMMARY OF FINDINGS ......................................................................................... 85
5.3 OBSERVATIONS AND FINDINGS ............................................................................ 88
5.4 RECOMMENDATIONS ............................................................................................... 90
BIBLIOGRAPHY .................................................................................................................. 102
x
TABLE OF STATUTES
xi
TABLE OF CASES
xii
LIST OF ABBREVIATIONS
xiii
ABSTRACT
This thesis will focus on the practice of juvenile justice administration in Nigeria with the aim
to exploit the excesses of the administration and proffer solutions. This study will elucidate on
the history of Nigeria’s juvenile justice system, the stages of juvenile justice administration in
Nigeria, the legal and institutional framework governing its administration, as well as the
setbacks clogging juvenile justice administration in Nigeria and ways to eliminate these flaws.
Juvenile Justice System is a special track of the criminal justice system. A system which The
system is expected to be child-friendly in form and application. The need for a child-friendly
juvenile justice system is borne out of the fact that children are vulnerable and subjecting them
to the full weight of the criminal justice system will have an adverse effect on them.
Unfortunately, the criminal justice system in Nigeria is generally punitive and harsh, contrary
to the international standard which advocates for reformation, rehabilitation and reintegration.
This paper uses doctrinal method to articulate its findings. The findings show that the legal
framework for juvenile justice in Nigeria do not meet the international model and thus, the
system does not serve its purpose. The purpose of this thesis is to expose the problems faced
by the Nigeria’s juvenile justice system, ranging from the deficiencies in the legal framework
to the poor prison system to the inhumane punishments given to children and the poor court
system as well as all other factors hindering an effective juvenile justice system. This thesis
will be of great importance to the government, students, academicians, social welfare officers,
policemen and every other individual or institution concerned with juvenile justice
administration in Nigeria. This thesis contends that due to the harsh nature of Nigeria’s juvenile
justice system, diversionary schemes and alternatives, such as, counselling, educational
training, therapy, probation, fine payment ex cetera, should be included in Nigeria’s juvenile
justice administration. This thesis is purposively set to advocate for a better court system and
a child-friendly juvenile justice system. Commented [H1]: Abstract needs to be changed. Abstract
follows a particular pattern. Give a simple introduction to
the crux of the topic, the problem (what necessitated the
study), the methodology employed, findings and a maximum
of two recommendations. Don’t give too much away,
abstract is supposed to give a taste of what the research is
about. Also, abstract is 1.0 and no paragraph is allowed.
xiv
CHAPTER ONE
GENERAL INTRODUCTION
1.1 BACKGROUND OF STUDY
The current juvenile justice system in Nigeria cannot be understood without reference to the
colonial past of the country.1 Nigeria derives its origin and principles from the British system
of criminal justice which was a repressive legal system with oppressive penal institutions. 2
Unfortunately, this has remained an integral part of the Nigerian criminal justice system sixty-
one years after independence. Reformation of offenders, even if they were juveniles, was the
least of the problems of the colonial administration. With political independence and
democracy anchored on freedom and human right in place, the need has arisen for Nigeria to
radically review its entire juvenile justice system of administration.3
The general criminal justice system, including juvenile justice system in Nigeria, is retributive
and punitive contrary to current trends, which emphasizes rehabilitation, reformation and re-
integration as the main goal.4 The concept of juvenile justice is supposed to be anchored on the
recognition of the rights of the child to survival, growth, protection and effective participation
in the society5. The juvenile justice system is expected to be child-friendly in form and
application owing to the fact that children are vulnerable and should not be subjected to the
full weight of the criminal justice system. The guiding philosophy of the juvenile justice system
has always been corrective, preventive and advocacy-oriented but, this is not the case in Nigeria
1
Joan McCord and Cathy Widom and N.A. Crowell, Juvenile Crime, Juvenile Justice (National Academies Press
2001)
2
Ibid
3
Alfred Abhulimhen-Iyoha and Monday Oseghale ‘Juvenile Justice Administration in Nigeria and Contemporary
International Standards’ [2020] (8)(1) Journal of Law and Criminal Justice; 126-137
4
Z.W. Wahab, ‘Juvenile Justice Administration in Nigeria: A Case Study of Kogi State’ [2012]
<https://project.camppromat.com>juvenile-justice-administration-in-nigeria/> accessed 1 September 2021
5 Ibid
1
due to the advent of colonialism and growth of urbanization. It is imperative to note that there
has been a drift towards the enactment of child-friendly laws in recent past. However, not much Commented [H2]: Footnote please.
impact of these child-friendly laws could be appreciated since the existing institutional
framework for juvenile justice administration was inherited from the colonial government. Commented [H3]: Footnote here too.
It is obvious that the legal and institutional framework is not effective, maybe non-existent in
some cases and greatly undermined by army of problems. The promulgation of the Child Rights
Act 20036 exposed the provisions of the Children and Young Persons Act 19587 to systemic
weakness undermining the achievement of its goal. Importantly, the purpose of the Children
and Young Persons Act8, was “to make provision for the welfare of the young and the treatment
of young offenders in line with the establishment of juvenile courts”.9 The question, therefore
is, ‘to what extent has this law ensured that child offenders are rehabilitated, reformed and
reintegrated into the society’. The international yardstick in the treatment of juvenile offenders
involves a creation of various conventions and treaties which includes: United Nations
Convention on Rights of the Child 1989 10, Africa Charter on the Rights and Welfare of the
Child 199011 and the Beijing Rules 198512 to mention a few.
In light of the foregoing laws and conventions, it can be said that the Nigerian Juvenile Justice
Administration System with all its setbacks has provided for a system that only guarantees best
treatment for children just in its principle but not in practice.
6
Child Rights Act 2003
7
Children and Young Persons Act, Cap32 Laws of the Federation of Nigeria and Lagos1958
8
Ibid
9
Ibid
10
United Nations Convention on the Rights of the Child 1989, The African Union Charter on the Rights and
Welfare of the Child, 1990.
11
African Charter on the Rights and Welfare of the Child 1990
12
United Nations. 1985. Standard Minimum Rules for the Administration of Juvenile Justice, (Beijing Rules),
1985
2
1.2 STATEMENT OF RESEARCH PROBLEM
The future of the child may not be better protected in a system where a child offender is treated
in a manner that does not guarantee his or her reintegration into the society or even his or her
reformation. Reintegration, reformation and rehabilitation are the key objectives of the juvenile
justice administration. However, these cannot be achieved in a system where children are
locked up in crowded prisons with adult offenders or where the children are sometimes abused
by the police officers. Sometimes, these policemen do not even make efforts to inform the
parents of these juveniles the crimes the children committed. These child prisoners also face
dehumanizing conditions of poor feeding, incarceration and even exposure to diseases.
This project tends to answer the question ‘Is the Juvenile Justice System Effective?’ The ills
facing the juvenile justice system are; a) ill-equipped nature of the state machinery to facilitate
rehabilitative justice,13 b) the non-dedication of the juvenile courts, c) magistrates that handle
ordinary criminal cases also handle juvenile cases, d) the non-conducive nature of the prisons
and inadequate infrastructure for the children, e) the child offenders are not being treated in
such a way as to realize the objectives (rehabilitation, reformation and reintegration) of the
juvenile justice system. Despite Nigeria’s legal framework and stated commitment to Commented [WU4]: Too many paragraphs
international charters and conventions to protect young offenders, more and more, children Also, this sub-section does not satisfactorily answer the
statement of the problem.
who should have been reformed are either traumatized or hardened in crime.
1.3 THE RESEARCH QUESTIONS
a. What laws regulate the juvenile justice system in Nigeria?
b. How effective is the juvenile justice system in Nigeria?
c. How can the juvenile justice system in Nigeria be properly regulated?
13
Hakeem Ijaiya, ‘Juvenile Justice Administration in Nigeria’ [2009] (2)(1) NUJs Law Review; 573
3
1.4 AIM AND OBJECTIVES OF THE STUDY
It was discovered that there are many manifest problems in all the stages of Juvenile Justice
Administration in Nigeria and it is in dire need for reform.14 The overall aim of this study is to
assess the practices of the Juvenile Justice System in Nigeria and to make proposals,
suggestions and recommendations that will reposition the juvenile justice system for optimal
performance in Nigeria.
In view of the preceding paragraph, this study is set to achieve the following objectives that
would aid proper elucidation of this work. These include:
1. To examine the laws that regulate the Juvenile Justice System in Nigeria.
2. To appraise the effectiveness of Nigeria’s Juvenile Justice System
3. To assess whether the laws meet up with the international standard
1.5 RESEARCH METHODOLOGY
The research methodology to be used here is the Doctrinal Research method, which is the
method of legal research concerned with finding the law and analysing it. Emphasis shall be
placed on two major sources, namely, primary sources and secondary sources. The primary
sources are the authentic sources of law and this research work aims at analysing child specific
legislations in Nigeria. The primary sources of research materials include legislation, case law,
international instruments and treaties.
The secondary sources include textbooks, journals, articles, newspapers, publications and
materials from UNICEF on the subject matter of the research. Data obtained from these sources
will be subjected to content survey. Use of decided cases would also be available in order to
further understand the context of Juvenile Justice.
14
Alfred Abhulimhen-Iyoha, Monday Oseghale ‘Juvenile Justice Administration in Nigeria and Contemporary
4
1.6 SCOPE AND LIMITATION OF STUDY
This study will focus on the operation of the juvenile justice system in Nigeria. The main focus
of this research is the critical analysis of existing laws, judicial decisions and provisions which
govern the operation of the juvenile system in Nigeria. It will consider the extent and efficacy
of these laws in the regulation of children affairs in relation to the juvenile system in Nigeria.
Additionally, and in view of the internationalization of children matters, reference will be made
to relevant international instruments or conventions. This is to aid the research carry out a
comparative analysis of the Nigerian juvenile justice system and the International best practices
for juvenile justice in order to extract procedures with proven success rates which can be
replicated in the country.
The research work will also consider the ways and manners institutions saddled with juvenile
justice administration have fared in Nigeria in the determination of matters affecting children
in conflict with the law. This work attempts to contribute towards the understanding of the
Nigerian juvenile justice system. Since its creation, the system has not witnessed significant
change. It will analyse the philosophy, practice, conditions and problems of juvenile justice
administration in Nigeria.
1.7 SIGNIFICANCE OF STUDY
This research will serve as a critical inclusion to all other existing literature on the setbacks of
the Nigerian juvenile justice system and how the juvenile justice system can be reformed for
optimal performance in Nigeria. It critically examines the position of juvenile justice
administration in Nigeria with a view to assess the legal and institutional framework guiding
it. It aims at providing scholarly information that can sensitize and mobilize the Nigerian public
and government towards humane treatment of young offenders in the country. In light of the
practical approach used in this study, as well as the in-depth research done, there is no doubt
5
that Legal practitioners, Law students, Scholars, Academicians, and officers of the juvenile
justice institutions will find this research work very insightful and useful for juvenile matters
in Nigeria.
Accordingly, this thesis serves the necessity to avail operators of juvenile justice institutions
such as the officers of the Nigerian Police Force, judges and magistrates, prison officers, social
workers in Nigeria of the need to use a child-friendly disposition in the treatment of children
as this was highlighted by the Child Rights Act and Child Rights Law. It will also identify the
flaws of the system and proffer efficient strategies which the appropriate officials of the
government can implement to make the system more functional and effective.
Finally, this thesis would also be of great importance to our country, Nigeria. It will not only
enlighten officers of juvenile institutions on the way forward for the juvenile system but would
also equip them better in order to prepare child offenders for reformation, rehabilitation and
re-integration into the society.
1.8 LITERATURE REVIEW
Juvenile justice system is an integral part of the criminal justice system.15 It is guided by a
philosophy of concern, care and reformation for persons under the age of eighteen years. A
number of scholarly studies exist on Juvenile Justice Administration. Every scholar has their
various positions on juvenile justice which would be beneficial to this research work.
Iyaiya Hakeem in his article ‘Juvenile Justice Administration in Nigeria’16 defines juvenile
justice as a system of justice which is applicable to juveniles all over the world and which is
different from the justice system applicable to adults. The article seeks to analyse the state of
juvenile justice system in Nigeria against the background of international framework. The
15
ibid
16
Hakeem Ijaiya, ‘Juvenile Justice Administration in Nigeria’ [2009] (2) (1) NUJs Law Review; 573
6
author considers the Nigeria set up to be inadequate because of the ambiguities in municipal
legislation. Hakeem’s definition is encompassing and his article properly depicts the nature of
Nigeria’s juvenile justice system with a view to point out the excesses of the system. Yemi
Akinseye-George,17 in his book, did extensive research on the principles, practices and
problems of juvenile justice administration in Nigeria but his work focused on some states like
Lagos, Kano, Plateau, Rivers and the FCT. This study would, however, look further into the
idea of child justice in Nigeria generally.
On that note, Scott Decker and Nerea Marteache, in their book ‘International Handbook of
Juvenile Justice’,18 stated that the juvenile justice system is strictly based on the idea of
education and minimum intervention. Therefore, in order to avoid stigmatization and negative
effects of formal intervention, informal diversionary interventions has been given priority19.
The writer of this thesis sustains the view of these authors. Diversionary interventions like
community service, mediation, reprimands should be adopted instead of inhumane
punishments unleashed on children. This is because of the fragility and immaturity of children.
It is for this reason that this thesis will shed light on some diversionary schemes.
A.E Obidimma and Emanuel O.C Obidimma20 are of the opinion that Nigeria’s juvenile justice
system is weak and has given away very little priority, despite Nigeria being signatory to the
major international instruments relevant to the administration of juvenile justice. The author of
this thesis agrees with this view, however, this study will go further into proffering ideas on
how Nigeria’s child justice system can be resuscitated. A book titled ‘The Rights of the Child
17
Y. Akinseye-George, Juvenile Justice in Nigeria (Centre for Socio-Legal Studies 2001); 44
18
Scott Decker and Nerea Marteache, International Handbook of Juvenile Justice (2nd edn., Springer
International Publishing 2017); 311.
19
Ibid
20
A.E Obidimma. and E.O.C Obidimma, ‘Challenges and Prospects of the Juvenile Justice Administration in
South East Nigeria’ [2016] (3)(1) Nnamdi Azikiwe University Journal of International Law and Jurisprudence
7
in Nigeria’21 in one of the chapters, considers ‘treatment of child offenders and the right of the
child’. Under this heading, the book takes a look at several issues surrounding juvenile justice
administration. Issues such as the legal framework, age of criminal responsibility, juvenile
courts, arrest and bail among others were considered on the basis of provisions of CRA, which
this author agrees with. However, this thesis is of the view that these shortcomings have been
redressed by the enactment of Child Right Act and this work will still make some
recommendations for the optimal performance of the juvenile justice system.
Street Children and Juvenile Justice in Lagos22 is a report of study carried out in Lagos State
on the phenomenon of street children in Lagos State and the approach of juvenile justice system
in the state. The report reflects the general picture of the attitude of juvenile justice institutions
in Nigeria. From this report, the writer of this study takes the view that, notwithstanding the
setbacks of Lagos State juvenile justice system, juvenile justice administration in Lagos State
is far better compared to most states in Nigeria. Alemika and I.C. Chukwuma23 analysed the
laws, processes and institutions for juvenile justice administration in Nigeria under the CYPA
and CYPL and found that it was short of international model. This body of work sustains the
view of this author. However, it will look further into the idea of juvenile justice by doing a
comparative analysis between Nigeria’s juvenile justice system and that of some foreign
countries in order to fish out the flaws that clog the administration of juvenile justice in Nigeria.
Juvenile Justice Administration in Nigeria24, a training manual for officials of juvenile justice
system, espoused the provisions of laws and international instruments on juvenile justice
21
I.A. Ayua and I. E. Okagbue, The Right of the Child in Nigeria (Nigerian Institute of Advanced Legal Studies
Lagos 1996)
22
B. Owosanoye and M. Wernham, Street Children and Juvenile Justice in Lagos State (Human Development
Initiative, Lagos 2004) The book is a report carried out in Lagos State.
23
E.E.O. Alemika, and I.C. Chukwuma, Juvenile Justice Administration in Nigeria Philosophy and Practice
(Centre for Law Enforcement Education 2001)
24
UNICEF, Juvenile Justice Administration in Nigeria (A Course Manual for Law Enforcement Officials Working
with Juvenile Offenders) (United Nations Children’s Fund 2003)
8
administration in Nigeria. It was also able to introduce some diversion schemes like
community, service, victim offender, mediation and life skills which the author of this thesis
totally agrees with. These diversion schemes serves as alternative to retributive justice for
children and would be adopted in this thesis. Ricciardelli, in his book, questions whether
imprisonment is a humane form of punishment and capable of contributing to offender
rehabilitation and public safety25. The author of this thesis is of the view that imprisonment
would only be a humane form of punishment if it involves a good prison system and seeks to
achieve rehabilitation, reformation and reintegration for the offenders including the juvenile
offenders. Justice Administration in Nigeria26 is an article which seeks to analyse the state of
juvenile justice system in Nigeria against the background of international framework. The
author considers the Nigeria set up to be inadequate because of the ambiguities in municipal
legislation. This thesis sustains the view of this author. However, it remains a point to note that
this article did not consider all the issues involved in juvenile justice administration in Nigeria.
This thesis will talk on most of the issues that were not highlighted.
On a final note, having reviewed some literature on ‘administration of juvenile justice’, it is
right to say that there are profound and adequate materials to sustain this research work.
However, extra efforts will be made to fill in the gaps in some of the literature on juvenile
justice administration, explore emerging challenges and suggest diversion schemes or other
ways of intervention in order to achieve the objectives of the CRA.
1.9 SYNOPSIS OF CHAPTER
Chapter 1 of this study gives an introduction, statement of the problem, research questions, aim
and objectives of the study, research methodology, scope of the study, significance of study,
25
F.E. Zimrig and M. Langer and D.S. Tanenhaus, Juvenile Justice in Global Perspective (NYU Press Scholarship
2016); 27
26
H. Ijaiya, ‘Juvenile Justice Administration in Nigeria’ [2009] (2)(1) NUJs Law Review; 573
9
definition of key terms which will be used in the work and a review of existing literatures. The
chapter brings to light the problems the essay seeks to proffer solutions to, the research
methodology employed and the main focus on the study.
Chapter 2 gives an overview of juvenile justice administration in Nigeria. It will start with
defining key terms germane to the subject matter and will further introduce theories pertaining
to justice. History of juvenile justice will be discussed here and lastly, an exhaustive discussion
on the practice of juvenile justice administration in Nigeria will be done.
Chapter 3 assesses the legal and institutional framework involved in juvenile justice
administration in Nigeria as well as international instruments, treaties and protocols on juvenile
justice administration. (Comparative analysis of the Nigerian Juvenile Justice System and the
International Standard for Juvenile Justice.
Chapter 4 focuses on the challenges of Nigeria’s juvenile justice system and diversion schemes,
as alternative to retributive criminal justice system.
Chapter 5 deals with summary of findings, suggestions and recommendations for optimal
performance of juvenile justice administration in Nigeria. This chapter will proffer the writer’s
suggestions on the way forward for the Nigerian juvenile justice system
1.10 CONCLUSION Commented [H5]: Is this chapter necessary? It’s usually

not included in Chapter 1
This chapter has successfully provided an introduction to the topic of research in order to aid
readers’ comprehension. It examined the background of the study, statement of problem, aim
and objectives of the study, the research methodology, research questions, scope of the study,
significance of study and review of existing literature. Hence the next chapter will give a
detailed elucidation on the practice of Juvenile Justice Administration in Nigeria.
10
CHAPTER TWO
CONCEPTUAL AND THEORETICAL ANALYSIS OF THE NIGERIAN JUVENILE

JUSTICE SYSTEM
2.1 INTRODUCTION
This chapter will look into conceptual and theoretical analysis of Juvenile Justice
Administration. It will start by specifically defining key terms germane to the concept of
juvenile justice administration. It will further examine the history behind the emergence of
Nigeria’s juvenile justice system, theories or schools of thought on ‘juvenile justice’ and finally
give a broad elucidation of the practice of juvenile justice administration in Nigeria. This
research will aid readers with a proper understanding of Nigeria’s Juvenile Justice System.
It is vital to note that whether as perpetrators or victims of crime, children and young persons,
by virtue of their immaturity and vulnerability, occupy a special place in the administration of
justice.1 The fact that juveniles have peculiar “emotional, mental and intellectual” capabilities
that is different from those of adults should be considered. They should not be exposed to
formal criminal processes as this may have adverse effects on them. Hence, the importance of
juvenile criminal justice system.
2.2 DEFINITION AND CONCEPTUAL CLARIFICATION OF JUVENILE JUSTICE
In this sub-title, the research focused on giving a conceptual analysis of the term ‘juvenile
justice’ by defining the terms; ‘child’, ‘juvenile’, ‘justice’ and ‘juvenile justice’.
2.2.1 Who is a Juvenile?
The term ‘child’ is sometimes used in place of the term ‘juvenile’. Generally, there is no
universally accepted definition of a child or juvenile. The laws of different nations stipulate
1
11
different age bracket for a child.2 The concept of juvenile justice is sometimes used
interchangeably with other concepts like a child, an adolescent or youth.3 Juvenile justice can
synonymously be seen as child justice.
The National Child Welfare Policy of 1989 defines a child as anybody who is 12 years or
below. However, a draft decree put into law has now set the age of the child in Nigeria as 18 Commented [H6]: Kindly footnote
years or below.4 According to the FBI, a juvenile is anyone under the age of 18 regardless of
how each individual states defines a juvenile.5 The Child Rights Act6 defines a child as a person
under the age of eighteen years. The Children and Young Persons Law7 defines ‘a child’ as
any person who has not yet attained the age of fourteen. The same law8 defines a ‘young
person’ as one who has attained the age of fourteen but has not attained the age of sixteen. The
African Charter on the Rights and Welfare of the Child9 (hereinafter referred to as (AUCRWC)
defines a child as every human being below the age of eighteen years. The United Nations
Convention on the Rights of the Child10 (hereinafter referred to as the UNCRC) defines a child
as every human being below the age of eighteen years, unless under the law applicable to the
child, maturity is attained earlier. Black’s Law Dictionary11 defines a juvenile as a person who
has not reached the age at which one should be treated as an adult by the Criminal Justice
System. The United Nation Standard Minimum Rules for the Administration of Juvenile
Justice (also referred to as the Beijing Rules) defines a juvenile as a child or young person who
2
3
4
UNICEF, ‘Juvenile Justice Information Portfolio-Committee on the Rights of the Child’ [1995] State Part Reorts
<https://www.unicef-irc.org/portfolios/> accessed 9 September 2021
5
Janell Blanco, ‘What is Juvenile Delinquency? – Definition, Theories and Facts’ [2021]
https://study.com/academy/lesson/what-is-juvenile-delinquency-definition-theories-facts.html/ accessed 27
November 2021
6
S.277 Child Right Act 2003
7
S.2 Children and Young Persons Law, Cap 21 Laws of Northern Nigeria 1963
8
ibid
9
Article II, African Union Charter of the Rights and Welfare of the Children, 1990
10
Article I, United Nations Convention on the Rights of the Child, 1989.
11
Bryan A. Gardner, Blacks’s Law Dictionary (8th edn., West Publishing Company 2004)
12
under the respective legal systems, may be dealt with for an offence in a manner which is
different from adult. Commented [H7]: Kindly footnote
It can be observed that the definitions proffered by the Beijing Rules and the UNCRC allow
for flexibility in the definition of who should be a child or a juvenile. It allows states to set age,
taking into consideration the economic, social, cultural, religious and political factors within
that environment. The UN Convention on the Rights of the Child, the CRA, as well as African
Charter on the Rights and Welfare of the Child all adopted the age of eighteen years. The
provisions of the Child Rights Act which adopted the age of eighteen has repealed the provision
of the CYPA and CYPLA. This author will adopt the definitions of a ‘child’ given by the
African Charter on the Rights and Welfare of the Child, UNCRC, CRA but suggests that the
age limit be left at the discretion of various states, taking into consideration the socio-cultural
and religious imperatives of different states.
2.2.2 The Concept of Justice and Juvenile Justice
A theory of justice holds that every individual has an equal right to basic liberties, and they
should have the right to opportunities and an equal chance as other individuals of similar
ability.12 The first known use of justice was in the 12th Century. Early theories of justice were Commented [H8]: Kindly footnote
set out by the ancient Greek philosophers Plato, in his work, ‘The Republic’ and Aristotle in
his, ‘Nicomachean Ethics’. Advocates of divine command theory have said that justice issues
from God. John Locke said that justice is derived from natural law. Social Contract Theory Commented [H9]: Kindly footnote
said that justice is derived from the mutual agreement of everyone. Utilitarian philosophers
said that justice is based on the best outcomes for the greatest number of people. Egalitarians
are of the opinion that justice can only exist within the coordinates of equality. The Western
paradigm sees the origin of justice from a negative characterization, in which humans are
12
John Rawls, A Theory of Justice (2nd Edition, Belknap Press: An imprint of Harvard University Press 1999); 6
13
primarily aggressive and solitary. However, John O’Manique sees the origin of justice from a
positive picture of human origins within social communities, in which empathy and mutual
care are just as natural and effective as selfish, competitive behaviour. In the prevailing Commented [H10]: Kindly footnote
paradigm, justice is a rational solution to the natural condition of fear and conflict.13
The word ‘justice’ comes from the Latin word ‘jus’ which means ‘right’ or ‘law’. 14 Renowned
philosopher, Aristotle opined that justice consists in what is lawful and fair, with fairness
involving equitable distributions and the correction of what is inequitable.15 Black’s law
dictionary defines ‘justice’ as protecting rights and punishing wrongs using fairness.16 Justice
has been defined by Isaac Morehouse as right relation to others as measured against the mores
of society.17 Justice means the recognition, application and enforcement of laws by the courts.
In a nutshell, justice describes what is fair and just. The need for effective rehabilitation and
reintegration of juvenile offenders as good citizens in the society calls for juvenile justice
administration.18 Juvenile justice has been defined by various scholars and literatures and these
various definitions and conceptual analysis will be beneficial to this work
Black’s Law Dictionary19 defines juvenile justice as a system that involves the collective
institutions through which a youthful offender passes until any charge has been disposed of or
the assessed punishment has been concluded. Juvenile justice is recognized as including not
only those in conflict with the law, but also juveniles who require care and affection.20 Iyaiya
13
Dorothy Van Soest, ‘Review of the Origins of justice: The Evolution of Morality, Human Rights and Law’
[2004] (13)(2) Journal of Sociology and Social Welfare
14
James Fieser, ‘Western Theories of Justice’ [1995] The Internet Encyclopedia of Philosophy
<https://iep.utm.edu.justwest/> accessed 10 September 2021
15
ibid
16
Bryan A. Gardner, Blacks’s Law Dictionary (8th edn., West Publishing Company 2004)
17
Isaac Morehouse, ‘Justice and Morality’ [2013] <https://isaacmorehouse.com>justice-and-morality/> accessed
10 September 2021
18
B.O. Ajah and C.O. Ugwoke, ‘Juvenile Justice Administration and Child Prisoners in Nigeria’ [2018] (13)(2)
International Journal of Criminal Justice Sciences; 440
19
Bryan A. Gardner (ed.), Blacks’s Law Dictionary 8th edn (2004)
20
T.O. Adebowale and A.A. Adewole, ‘Juvenile institutions and Juvenile corrections in Nigeria’ [2010]
<https://nou.edu.ng>juvenile-institutions-and-juvenile-corrections-in-nigeria>/ accessed 9 September 2021
14
Hakeem, in his article ‘Juvenile Justice Administration in Nigeria’,21 defines juvenile justice
as a system of justice which is applicable to juveniles all over the world and which is different
from the justice system applicable to adults. Over time, juvenile justice systems have
persistently been deployed to manage, regulate, control and punish the children of the poor
because the rich always had their way. Wahab, in his article, defines juvenile justice as that
part of criminal justice system which pertains to children and young persons.22 According to
Adifokwu,23 the term juvenile justice refers to laws and procedures as they relate to criminal
offenders who are not yet adults. It involves the treatment of juvenile offenders, the efforts to
understand the root of their criminal behavior and ways to prevent such behavior.24
In simple terms, juvenile justice is an aspect of criminal justice system which emphasizes on
child-friendly mechanisms in the treatment of child offenders and whose common objectives
are reformation and rehabilitation. Ayua and Akagbue stated in their work that the philosophy
behind a special criminal justice system for juveniles is founded on the recognition of the fact
that the emotional, mental and intellectual capacities of children are not at the same level of
maturity of those of adults.25 It is also recognized that the exposure of children to formal
criminal processes may have an adverse effect on subsequent attempts at their rehabilitation
and reintegration into the society.26 Essentially, the goal of juvenile justice system is the
establishment of a pattern of social justice for children brought before courts of law and this
goal is predicated on the fact that the rights of children as well as their vulnerability are quite
unique.27 Therefore, there is the need for a separate system of justice for children because of
21
22
https://project.camppromat.com>juvenile-justice-administration-in-nigeria/> accessed 9 September 2021
23
A.R. Adofikwu, ‘An Analysis of the Principles of Juvenile Justice’ [2017] The Lawyers Chronicle
24
B.O. Ajah and C.O. Ugwoke, ‘Juvenile Justice Administration and Child Prisoners in Nigeria’ [2018] (13)(2)
International Journal of Criminal Justice Sciences; 442
25
I.A. Ayua and I. E. Okagbue, The Right of the Child in Nigeria (Nigerian Institute of Advanced Legal Studies
Lagos 1996)
26
27
15
their peculiarities as upholding human rights principles and standards is at the heart of the rule
of law.
2.2.3 The Concept of Juvenile Delinquency
Sampson28 defines delinquency as criminal behavior committed by juveniles under the legal
age of adulthood. This definition is considered comprehensive in the view of the author of this
thesis. Delinquency has been defined by Hustler and Sestak as “association with immoral
conduct”.29
Adeboye30 defines juvenile delinquency as the resistant anti-social, illegal or criminal behavior,
by children or adolescents to the level that it cannot be controlled or corrected by the parents,
endangers others in the community and becomes the concern of law enforcement agency.
According to him, the term ‘juvenile delinquency’ was established so that young law breakers
could avoid the disgrace of being classified in illegal records as criminals. Edet31 defined
juvenile delinquency as a crime committed by a young person under the age of eighteen years
as a result of trying to comply with the wishes of his peers or to escape from parental pressure
or certain emotional stimulation. The writer of this thesis agrees with the definition given by
Adebayo (2015) and Edet (2016) but would like to also highlight the three common theories
of juvenile delinquency. They include; the anomie theory, the subculture theory and the

28
R.J. Sampson, ‘Sociology of Delinquency’ in N.J. Smelser and P.B. Baltes (eds), International Encyclopedia
of the Social & Behavioral Sciences (Pergamon Press 2001); 3380
29
T.O. Adebowale and A.A. Adewole, ‘Juvenile institutions and Juvenile corrections in Nigeria’ [2010]
<https://nou.edu.ng>juvenile-institutions-and-juvenile-corrections-in-nigeria>/ > accessed 10 September 2021
30
A.A. Adeboye, ‘Causes and Effects of Juvenile Delinquency among Adolescents: A Case Study of Senior
Secondary School Students in Odeda Local Government Area of Ogun State’ [2015] A Research Project
Submitted to the School of Education Federal College of Education, Osiele, Abeokuta
<http://www.sascv.org/causes-and-effects-of-juvenile-delinquency-among-adolescents-a-case-study-of-senior-
secondary-school-students-in-odede-local-government-area-of-ogun-state/> accessed 10 September 2021
31
E.O. Edet, ‘Knowledge and Awareness of Juvenile Delinquency Services by the Residence of Nsukka Local
Government Area’ [2016] A Research Project Submitted to the Department of Social Work, University of Nigeria,
Nsukka. <http://www.sascv.org/knowledge-and-awareness-of-juvenile-delinquency-srevices-by-the-residence-
of-nsukka-local-government/> accessed 10 September 2021
16
differential opportunity theory.32 The anomie theory was first written in the 1940s by Robert
Merton. This theory explains that juvenile delinquency occurs because the juveniles do not
have the means to make themselves happy. The subculture theory was developed by Albert Commented [H11]: Kindly footnote
Cohen and he is of the opinion that juveniles who do not meet the social standard seek
validation from a sub-culture. The last theory which is the differential opportunity theory does Commented [H12]: Kindly footnote
not fully support Cohen’s point of view. Instead, the last theory banks on the fact that
opportunity plays a role in juvenile delinquency. Having mentioned the theories, it should be Commented [H13]: Kindly footnote
noted that the most common reasons for a child to go against the law is either lack of education
or faults in their upbringing. This can be due to unhealthy socio-cultural environment resulting
in the child becoming physically and mentally unfit as a responsible citizen of that country.33
Summarily, juvenile delinquency connotes criminal and illegal attitudes showcased by people
below the age of eighteen years. It refers to an underage individual performing illegal actions.34
2.2.4 Conceptual Clarification of the term ‘Juvenile Institutions’
These are agencies, organizations, institutions, who are presently engaged in handling juvenile
offenders. These institutions include remand homes, borstal centers, observation schools,
special homes and certified schools. Borstals is a term used to describe a correctional institution
for long term treatment of child offenders. ‘The Borstals’ is a British name for the Reformatory
schools. Borstals are institutions where youth offenders receive training in lieu of
imprisonment so that they can be reformed under conditions which are different from those of
prisons.35
32
Janell Blanco ‘What is Juvenile Delinquency? – Definition, Theories and Facts’ [2021]
<https://study.com/academy/lesson/what-is-juvenile-delinquency-definition-theories-facts.html/> accessed 27
November 2021
33
Kiran Phogat, ‘Juvenile Delinquency in India Causes and Prevention’ [2017] (13)(1) Ignited Minds Journal;
625
34
ibid
35
ibid
17
The Borstal Institute for Juveniles now called ‘The Senior Correctional Centre’ is a juvenile
correction institute under the Ghana Prisons Service. The borstal centre is a correction centre
for people under 18 years’ old who have been convicted for civil or criminal offences. The
period the convict spends in the centre is aimed at reforming him or her so they can fit into the
society easily after their stay in the borstal centre. The borstal home is one of the three federal
government-funded institutions that hold juvenile with anti-social behavior.36 Borstal
institutions are specifically designated for the institutionalization of offenders and other
categories of children between the ages of 16-21 years, for a period of five years.37 It is a
normal practice in the borstal centres for parents to visit monthly to check on their wards,
however, report shows that some parents dump their children there and do not bother coming
to check on them from time to time. The attitudes of the parents stem from the belief that the Commented [H14]: Kindly footnote. What report?
borstal homes are resourceful enough to cater for their wards in their absence. However, this
is not always the case.38 Though section 234 and 236 of the Child Right Act39 mandates
welfare homes to provide accommodation, education, training and any other form of support
to the juveniles, not all Nigeria’s borstal centres meets up to this standard. Instead the borstal
centres are run like adult prisons. As society has changed, the system of borstal correctional
centres has become outdated especially since the late 1960s and 1970s, with many borstals
being replaced with detention centres, and as at 1972, we started having community service
order sentences.
Another juvenile justice institution is the remand home. These are transit camps for young
juvenile offenders whose cases are pending in court.40 A remand home is a British institution
36
Temitope Mustapha, ‘Inside Ilorin Borstal Home Where Deviant Children Learn Life Lesson The Hard Way’
[2020] International Centre for Investigative Reporting <https://www.icirnigeria,org/inside-ilorin-borstal-home-
wher-deviant-children-learn-life-lesson-the-hard-way/> Accessed 28 November 2021
37
T.T. Bella and O. Atilola and O.O Omigbodun, ‘Children Within the Juvenile Justice System in Nigeria:
Psychopathology and Psychosocial Needs’ [2010] (8)(1) Annual of Ibadan Post-Graduate Medicine; 34-39
38
ibid
39
Child Right Act, 2003
40
ibid
18
to which juvenile offenders may be committed by the court for temporary detention.41 The term
‘remand’ may be used to describe the process of keeping a person in detention rather than
granting bail. It simply means detention during trial.42 Remand homes serve as detention
custody sites (maximum of 3 months) for juveniles awaiting trial, or disposal after a guilty
verdict. Children in need of care and protection and children beyond parental control are also
commonly kept in the remand home while a social enquiry report is being prepared.43 Remand
homes were established by the Nigerian Government to help care for abandoned children as
well as children who have behavioural problems. The objectives of the New Life Education
were to help the at-risk children in remand homes. The remand home is supposed to serve as a
reform centre for juveniles in conflict with the law. Unfortunately, it doesn’t serve its purpose
as the conditions in the remand home is not remarkably different from those of adults in conflict
with the law. A survey carried out in Sapele remand home shows that the inmates there are left
without food for a long time and sometimes, they are denied access to recreational activities. 44
Just like the prisons, the remand homes in Nigeria are more or less oppressive institutions
aimed at punishing offenders rather than rehabilitating them. The institutions are ill-equipped
and the inmates are ill fed. They are also denied humane treatment and access to sporting
activities.45
Other juvenile institutions and agencies include the correctional homes (prisons), the social
welfare department, the police force and the court. They will be discussed broadly later on in
this thesis. To date, there are very limited Juvenile Custodial institutions and several juvenile
41
Merriam-Webster, ‘Remand Home Definition and Meaning’ [1831] <https://www.merriam-
webster.com/dictionary/remand%20home/> accessed 228 November 2021
42
ibid
43
44
Editorial Team, ‘The Challenge of Remand Homes’ This Day Newspaper (Lagos, September 6 2017)
<https://www.thisdaylive.com/index.php/2017/09/06/the-challenge-of-remand-homes/> accessed 29 November
2021
45
ibid
19
offenders are confined in prison. However, under the Sharia penal code and Criminal procedure
code operative in some Northern states, especially Zamfara State, juvenile offenders still enjoy
some protection under the law.46
2.3 HISTORY AND DEVELOPMENT OF JUVENILE JUSTICE SYSTEM IN
NIGERIA47
The current system of juvenile justice in Nigeria is modelled after Nigeria’s colonial past. 48
The development of juvenile justice systems in Africa was shaped by a colonial legacy under
which the legal framework in most of the countries mirrored laws received from the colonizing
countries.49 In the case of Nigeria, she mirrored laws received from Britain. This meant that
the law received from the British, the Children and Young Persons Act 1969, was the legal
framework for dealing with issues affecting children, including juvenile crime, for over four
decades after the independence. It was just in 2003 that a new law-Child Rights Act was
enacted. The new law and subsequent constitutional reform processes motivated the inclusion
of a comprehensive children’s rights clauses.50 The reforms was impacted by normative legal
standards regarding children’s rights like the UN Convention on the Rights of a Child and the
African Children’s Charter. Nigeria has ratified these legal standards.
Most of the laws guiding juvenile justice administration in Nigeria were entrenched by the
British, Nigeria’s colonial master “whose philosophy on justice required a repressive legal
system with oppressive penal institutions whose aim was to deter and punish offenders, as their
46
ibid
47
Terinwa Adesipo, ‘Justice System in Nigeria: A Necessity or a Luxury’ [2018]
<https://www.folorunsoandco.com>the-history-and-development-of-the-juvenile-justice-system-in-Nigeria/>
accessed 12 September 2021
48
A.M. Eteete, ‘An Appraisal of the Regime of Juvenile Justice Under the Child’s Right Act in Nigeria’ [2013]
(2)(8) Arabian Journal of Business and Management Review; 8
49
I.D. Folorunso, ‘The History and Development of the Juvenile Justice System in Nigeria’ [2021]
<https://www.folorunsoandco.com>the-history-and-development-of-the-juvenile-justice-system-in-Nigeria/>
50
ibid
20
disobedience to law was deemed detrimental to colonial interests”51. Reformation of such
offenders, even if they were juveniles, was the least of the problem of the colonial
administration. The laws on juvenile justice administration in Nigeria include the Constitution
of the Federal Republic of Nigeria,52 the Children and Young Persons Law,53 the Criminal
Procedure Act,54 the Penal Code,55 the Criminal Procedure Code,56 the Criminal Code57 and
the Child Rights Act.58 Prior to the 2003 Child Rights Act, Nigerian child protection was
defined by the Children and Young Persons Law.59 Originally, the law was passed by the
Colonial Government in 1943 and revised and incorporated into Nigeria’s Federal Laws in
1958. However, its legal provisions fell short of the international standard. The yardstick used
to measure international standard for child justice administration are the conventions of which
Nigeria is a signatory to. These conventions include; The UN Convention on the Rights of a
Child60 and The African Union Charter on the Rights of a Child61 to mention a few. It should
however be noted that these Conventions have not been incorporated into domestic law in
Nigeria.62
Under ‘The Children and Young Persons Law’, three categories of children may be brought
before the juvenile court and they are:
i. Children alleged to have committed offences
51
E.O. Alemika and I.C. Chukwuma, ‘Juvenile Justice Administration in Nigeria: Philosophy and Practice’ [2001]
Center for Law Enforcement Education, Lagos, Nigeria;14
52
CFRN 1999;2011
53
CYPL 1958
54
Criminal Procedure Act Cap C41, Laws of the Federation of Nigeria, 2004
55
Penal Code Act 1960
56
Criminal Procedure Code, Cap C46
57
Criminal Code Act, Cap C38 1965
58
CRA 2003
59
CYPL 1958
60
United Nations Convention on the Rights of the Child 1989 (UNCRC ), The African Union Charter on the
Rights and Welfare of the Child, 1990.
61
The African Union Charter on the Rights and Welfare of the Child, 1990.
62
J.H. Dauda, ‘A Sociological Analysis of the Law and Practice of Juvenile Justice in Niger State, Niger State,
Nigeria’ [2016] A Ph.D Thesis Submitted to the School of Postgraduate Studies, Ahmadu Bello University, Zaria
<https://oer.ibbu.edu.ng/a-sociological-analysis-of-the-law-and-practice-of-juvenile-justice-in-Niger-state/>
21
ii. Children in need of care and protection
iii. Children beyond parental control
Today, the key legislation, which regulates juvenile justice in Nigeria is the Child’s Right Act
2003. This law incorporates all rights and responsibilities of children and consolidates all laws
which provide the protection and care of children in Nigeria.63
2.5 THEORIES OF JUVENILE JUSTICE
This part will examine various theories on juvenile justice.
2.5.1 Critical Theory of Juvenile Justice:64
This theory states that reform activities should be focused not on the structure of the juvenile
justice system but on the assumptions underlying it. Following the history of the juvenile justice
system, abuses which are still found within the system, and attempts to reform the handling of
juveniles, a new theory is presented which challenges the basic assumptions underlying
juvenile courts in England, the U.S and other countries with separate juvenile systems. The
theory attacks the doctrine of ‘in loco parentis’, which underlies all juvenile justice statutes.
Instead, it draws on current work in psychohistory, which traces the juvenile justice movement
as a series of changing intergenerational relationships. This doctrine states that the justice
system is used by adults either to displace fears and hostilities left over from their own
childhoods or to improve relationships which were lacking in their youth. Thus, the parental
role of the court is seen as subject to all the inconsistencies in perception and disposition found
in family parent-child relationships.
This view suggests that the ills of juvenile courts and social work can be attributed to a
continuation of intergenerational conflicts which began in the home. This view also challenges
much of the literature which focuses on the delinquent subculture as though it were a true
63
C.O. Oyafunke-Omoniyi, ‘Juvenile Delinquency and Justice in Lagos State, Nigeria: A Sociological Appraisal’
[2014] (22)(2) Ife Center for Psychological Studies/Services: An International Journal ; 47
64
M. Langley, ‘Critical Theory of Justice’ [2017] (4)(1) Crime and Justice; 226
22
subculture and spends a great deal of time on rehabilitation methods. This theory views
delinquency as a particular form of adult interaction. It attempts to redefine delinquency in
terms of the total intergenerational experience and provide a new perspective for reform efforts.
2.5.2 Reparative Theory of Juvenile Justice65
The theory has an assumption that juveniles, especially when they are in a school setting,
require a special analytical framework to ensure that their interests as individuals and as
members of a historically underrepresented group are respected and protected. This theory is
fashioned after relational/cultural feminist jurisprudence that emphasizes an ethic of care. This
approach of juvenile justice emphasizes focus on the needs and interests of the victims of the
crime and the child offenders.
2.5.3 Retributive Theory of Juvenile Justice
This theory is very similar to the current practice of juvenile justice in Nigeria. It focuses on
repressive administration of justice and harsh punishments. The rationale behind this theory is
that wrongdoing should be punished to insure justice. This approach of juvenile justice doesn’t
take into consideration the importance of reformation or even the fragility of children. It is
solely inclined on harsh penalties being the only way of enforcing justices. This is opposed to
the reparative theory of justice.
2.5.4 John Rawls Theory of Justice66
Rawls attempts to provide a moral theory for juvenile justice alternative to utilitarianism. This
theory solves the problem of distributive justice (socially just distribution of goods in a society).
This theory dictates that society should be structured so that the greatest possible amount of
liberty is given to its members, limited only by the notion that the liberty of any one member
65
M. Braswell and J. Fuller and B. Lozoff, Corrections, Peacemaking and Restorative Justice: Transforming
Individuals and Institutions (Routledge 2014)
66
John Rawls, A Theory of Justice (2nd Edition, Belknap Press: An imprint of Harvard University Press 1999);
10
23
shall not infringe upon that of any other member. This theory focuses on the idea of fairness
and equity.
The author of this thesis inclines to the ideology of the critical theory, reparative theory and
John Rawls theory of justice. The writer takes the view that the retributive theory does not
consider reformation and is thus too harsh. On the other hand, the critical theory, reparative
theory and John Rawls theory considers and takes priority of the needs and interest of the
juvenile offenders and even the victims of the crime. On a final note, this body of work suggests
the rehabilitative theory of justice. The ideology behind the rehabilitative theory rests on the
importance of rehabilitation and reintegration of juvenile offenders. The rehabilitative theory
seeks to achieve the major objective of the Child Right Act which is to rehabilitate, reform and
reintegrate child offenders.
2.6 JUVENILE JUSTICE ADMINISTRATION IN NIGERIA
The major child specific legislations in Nigeria are Children and Young Persons Act, Children
and Young Persons Laws of the various States in Nigeria and the Child Rights Act. The
Children and Young Persons Act is the premier legislation dealing with matters affecting
children and young persons in Nigeria. The Children and Young Persons Law applicable in
various states in Nigeria, re-enacted the provisions of the CYPA to necessarily take into
account the socio-cultural, religious and political imperatives. However, the provisions of the
Child Rights Act relating to juvenile justice administration, is the most comprehensive law in
Nigeria relating to children.67 Essentially, the CYPA and the CYPL provides for special
handling of cases relating to the treatment of child offenders through the establishment of the
juvenile courts. The juvenile courts handle matters such as:
i. Bail of children arrested
67
24
ii. Custody when children are not taken on bail
iii. Association of children with detained adults while in custody
iv. Remand and committal to custody.
v. Conditions under which a parent or guardian may attend court.
Generally, the most comprehensive legislation on juvenile justice administration is the Child
Right Act as all matters affecting children are covered by the Act. The Act68 prohibits the
subjection of any child to the criminal justice process and specifically outlines the due process
guiding the juvenile justice system. This due process outlined by the Act covers all stages of
investigation, adjudication and disposition of the child. Some of the states69 that adopted the
CRA replicated the provisions of the Child Right Act. It should be noted that the Child Rights
`Act and the States Laws has sought to apply the principles contained in the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) in Child
Justice Administration in Nigeria. The Beijing Rules was aimed at developing a child justice
system that should be fair, humane and rehabilitation oriented and this is currently the driving
force of the Child Rights Act. The overriding philosophy under the Child Rights Act70 and the
State Child Right Laws in Nigeria’s Juvenile Justice Administration is that the best interest of
the child is prioritized.
Quite central to child justice administration in Nigeria are, the age of criminal responsibility
for juveniles (which will be discussed later) and the roles of criminal justice institutions as it
relates to pre-trail, trial and post-trial of children in the criminal justice system. Besides, a child
specific law which in general regulates administration of criminal justice in Nigeria, other laws
which regulate administration of criminal justice in Nigeria has provisions applicable to
administration of child justice. These laws include: Constitution of the Federal Republic of
68
Part xx (sections 204-238) CRA 2003
69
Part xx (sections 205-239) The Child Right Law of Akwa Ibom State, (2008); Part xx (sections 204-238) Kwara
State Child’s Right Law Gazette No. 7, Ilorin 25 th October, 2007 Vol.41.
70
CRA 2003
25
Nigeria, 1999, Criminal Code Act, Penal Code Act, Criminal Procedure Code, Criminal
Procedure Act.71
2.6.1 STAGES OF JUVENILE JUSTICE ADMINISTRATION IN NIGERIA
This part focuses on the stages of juvenile justice administration in Nigeria. It also examines
the roles played by the juvenile institutions (police, the courts, correctional homes, remand
homes or borstal institutions), in relation to the various stages. The stages of juvenile justice
administration include:
i. The Pre-trial Stage
ii. The Trial Stage
iii. The Post-Trial Stage
In these three stages, various criminal justice institutions are involved directly.
2.6.1.1 THE PRE-TRIAL STAGE
This is the stage where the juvenile first comes in contact with the justice system. This stage
brings into play the roles of the Police or other Law Enforcement Agencies in Child Justice
Administration. The Pre-trial stage to a large extent determines the juvenile subsequent attitude
towards the state and society and my also affect the success of further interventions by the
juvenile justice system. Children come into contact with the criminal justice system by the
police through the following ways:
i. Direct Apprehension:
The police have the right to arrest anyone who is reasonably suspected of
committing any crime.72 The Police may arrest anyone who commits an offence in
their presence. This power covers the direct apprehension of a person in flight after
71
All the versions are embedded in the L.F.N 2004
72
Section 10 Criminal Procedure Act Op. Cit, Section 26 Criminal Procedure Code Op. Cit, Section 24 Police
Act, Op. Cit.
26
having committed an offence. The law authorizes the use of reasonable force when
making a lawful arrest.73 Thus, a child could also be apprehended in this manner.
ii. Official Complaint: Where a child is accused of violating penal provisions, an
official complaint may be made.to the police by the parent, guardian, neighbours or
victim of the crime. A child can also be reported to the Police as beyond parental
control.
iii. Taskforce or Police Raids:74
It is fairly a regular occurrence for the Police to carry out surprise raids of specific
locations known for criminal or anti-social activities such as motor parks. Most
times, during this process, many children who live on the streets are picked up.
It should be noted that of all the modes of contact, the surprise raids by Police or Law
Enforcement Agencies violates the Child’s Right the most. This is because, most times, during
such raids, children are arrested with adults and without distinction in treatment. The
paramount consideration is that initial contacts between Law Enforcement Agencies and Child
Offenders be managed in such a way as to maintain respect for the legal status of the child and
promote the wellbeing and dignity of the child. The Pre-trail stage basically involves arrest,
detention and processing of bail.
A. Arrest
The United Nation Convention on the Rights of the Child provides that the arrest should be in
conformity with the law.75 It is the absence of any specific legislation relating to ways a juvenile
should be arrested that the provisions of the Constitution of the Federal Republic of Nigeria,
73
ibid
74
75
Article 37 (b) UNCRC 1989
27
the Criminal Procedure Act, the Criminal Procedure Code, and the Child Rights Act becomes
applicable. The provisions of these laws is in tandem with the UNCRC standard.
The CFRN guarantees the right to personal liberty of every citizen,76 save in certain
circumstances and in accordance with a procedure permitted by law. One of such circumstances
is that right to liberty may be violated ‘in order to effect a lawful arrest or to prevent the escape
of a person lawfully detained”.77 Although, the constitution does not expressly mention
children, it is clear that it applies to children as well. The Police Act and the various Criminal
Procedure Laws gives the Police the power to arrest any person, including children who is
reasonably suspected of committing an offence, unless the law creating the offence directs to
the contrary.78 It should be noted that, although the CPC listed circumstances under which the
Police may arrest, it didn’t state the mode of arrest.79 Nevertheless, the procedure for an arrest
requires that a police officer confines the body of the person to be arrested unless there is a
submission to the custody by words or action.80 Where a person authorized by law to use force
uses excessive force, such a person would be summarily liable.81 The use of force is only
allowed where the offender resists or attempts to evade arrest. In the course of this research, it
has been found that in the area of arrest of juveniles, verbal abuse by police, use or threat of
physical force during arrest, direct assault by police, handcuffing and unnecessary restraint are
the commonest forms of abuses.
B. Detention
This is the second phase of the pre-trial stage. Evidence shows that children are not only
detained in police cells, prisons and other custodial institutions, but are also exposed to all
76
Section 48 CFRN, 1999
77
Section 35(i) CFRN, 1999.
78
Section 20 Police Act, Cap P19 Laws of the Federation of Nigeria, 2004
79
Section 26 (a)-(m) – Ibid.
80
Section 3 CPA 1961, Section 37 CPC 2004
81
28
manners of abuses and deprivations. At this juncture, this thesis will analyse the laws and
practice in Pre-trial Detention of children.
The CFRN provides that any person arrested must be brought before a court of law within a
reasonable time.82 The import of this constitutional provision is that a juvenile offender must
be taken before a court within the period of one or two days depending on the circumstances.
The CYPA and the CYPL of various states provides that a child below the age of sixteen who
cannot be brought before a court of summary jurisdiction, should be released on bail to his
parent or guardian unless the case is a grave offence, or it is in the interest of the child and will
defeat the ends of justice. The law also states that a juvenile not released on bail should be
detained in the remand home or provisions can be made to make sure that the child is separated
from adult offenders.83
Apart from the provisions of Nigeria legislations, several International Instruments protect a
juvenile offender during pre-trial detention. The Beijing Rules provides that pre-trial detention
should be for the shortest period of time and should be the last resort. 84 It also emphasizes on
juveniles being kept separately from adult offenders during pre-trial detention and juvenile’s
entitlement to rights of the ‘Standard Minimum Rules for the Treatment of Prisoners’. In the
same way, the UNCRC also provides that detention or imprisonment of a child shall be in
conformity with the law and shall be used as last resort for the shortest period of time. 85 The
CRA also says the same thing. The CRA further says that, wherever possible, detention should
be replaced with alternative measures like close supervision, placement with a family.86 In
practice, most states in Nigeria lacks remand homes and where there exist, they are not well
equipped. Also, most times, child offenders are detained in police cells for over a period of one
82
Section 35(4) CFRN, 1999
83
Section 35 CYPA 1943
84
Rules 13:1 Beijing Rules 1985
85
Article 37 UNCRC 1989
86
Section 212 (a)-(b) and (2) CRA 2003
29
to three months before their first appearance in court. Juveniles are also being detained in the
same police cells as adult offenders. Places of detention lack facilities to provide the child
offenders with the much needed care and protection.
C. Bail
Bail as a component of pre-trial relates only to the power of the police to grant or withhold
grant of bail to an accused child offender. Notably, the bail provisions in the Constitution87 and
the Criminal Procedure Laws88 apply to both adult and children offenders. This is to the effect
that, any person arrested by the police or any other competent authority and handed over to the
police on suspicion of having committed an offence must be taken to court by the Police within
24 hours, if there is a court of competent jurisdiction within 40 kilometers of the place where
the alleged offence was committed or within 48 hours or such a longer period as it considered
reasonable where there is no court within 40 kilometers of the place of the alleged commission
of the offence. In the case of a capital offence, the person may be detained for longer than 24
hours or 48 hours as they case may be. The provisions of Nigeria’s legislation as it relates to
police bail, is in tandem with the provisions of Beijing Rules and the UNCRC. According to
the CYPL and CYPA, the factors guiding the police in exercise of its discretion to grant bail
include; (i) whether the charge is the one of homicide or other grave crime, (ii) whether it is
necessary in the interest of such persons to remove him in the association with any reputed
criminal, (iii) whether the office has reason to believe that the release of such persons would
defeat the ends of justice,89 (iv) whether by reason of the granting of bail, the proper
investigation would be prejudiced and (v) whether there is a serious risk of the accused
escaping justice.90
87
Section 35(4) and (5) CFRN, 1999
88
Section 17 and 18(a) CPA 1961 and Sections 290 and 340 CPC 2004
89
Section 3 CYPA 1943 and Section 3 CYPL 1946
90
Section 340 CPC 2004
30
In the course of this study, evidence shows that a number of juvenile offenders in police custody
are not granted bail on the grounds that sureties are not provided, the alleged offence is rampant,
it may interfere with investigations or the juveniles are already in remand homes. Other factors
hindering bail include; bails not requested and inability to meet bail conditions.
2.6.1.2 THE TRIAL STAGE
This phase mirrors the role of courts in the juvenile justice administration. Juvenile courts are
the only courts that has jurisdiction to try juveniles. An exception to this is homicide cases.
A juvenile who is found to have committed a capital offence cannot be sentenced to death, he
can only be detained at the pleasure of the Governor.91 This was reiterated in the case of
Modupe v. State.92 Also, if a juvenile is charged jointly with an adult, he will be tried in an
open court.93 In Ibitoye vs. Permanent Secretary, Ministry of Labour and Social Welfare,94
the High Court reiterated the point that juvenile courts are for the trial of children and young
persons. This research shall attempt a discussion on juvenile courts under the CYPA and CYPL
and family courts under the CRA. The role of the police in the prosecution of juveniles will
also be examined.
A. Juvenile Courts
The constitution of the juvenile court was regulated in section 6 of the CYPA: a juvenile court
for the purpose of hearing and determination of cases relating to children or young persons,
shall be constituted by a magistrate sitting with such other persons, if any, as the Chief Justice
of the region shall appoint.95 The most important preliminary consideration by a juvenile court
in the trial process of a young person is the determination of his age. The different states of the
Federation have adopted two approaches to the operations of juvenile courts. In few states, a
91
Section 368 (3) CPA 1961 and Sections 270 and 272 CPC 2004
92
(1988) 9 SCNJI.
93
Section 8(2) CYPA 1943
94
(1967) NMLR 76.
95
Section 6 CYPA 1943
31
visible structure of juvenile justice is on ground. But in most states, the structure is not so
visible. Instead of a permanent juvenile court, magistrates hear cases involving juveniles
outside the normal courtrooms or outside normal court sessions. 96 This is to comply with the
provisions of the law in section 6(2) CYPA. The purpose of this provision is to protect the
privacy of the young offenders and also to protect him or her from the effects of stigmatization
that may result from public trial. This is clear from the provisions of the CYPA which expressly
restricts those permitted to attend hearings of juvenile cases and prohibits publication of
identity of young offenders.97 All these constitute the characteristics of juvenile courts. Another
notable feature of the juvenile court is the prohibition of expressions like ‘conviction’ and
‘sentence’. In spite of these provisions relating to the constitution of juvenile courts, the
standard anticipated by the Standard Minimum Rules for the Administration of Juvenile Justice
has not been met.
Juvenile courts cannot impose imprisonment on juvenile offenders. 98 However, young persons
may be ordered to be imprisoned if there is no suitable way to deal with them.99 Nevertheless,
juvenile courts can impose punishments such as; sending the juvenile to corrective institutions,
fine payment and close supervision by probation officers, to mention a few. 100 The trial
procedure in Juvenile Courts particularly for child offenders begin with arraignment on the first
day of the trial. During the trial, the prosecuting officer is a policeman but before the trial
begins, the court orders the investigating police officer to notify the guardians or parents of the
charges against him or her.101 Following that, the court shall read and explain the charges to
the juvenile offender. This is to avail the offender an opportunity to deny or explain if he or
96
Section 6(2) CYPA 1943
97
Section 6(5)(b) CYPA 1943
98
Section 11(i) CYPL 1946 and Section 12(i) CYPA 1943
99
Section 11 CYPL 1946 and Section 12(2) CYPA 1943
100
Section 12(2) CYPA 1943 and Section 9 of the CYPL 1946
101
B. Owasanoye and M. Wernharm (eds), Street Children and Juvenile Justice System in Lagos (Human
Development Initiatives 2004); 44
32
she has committed the crime.102 After this process, it is normal for the grant of bail to ensue as
prescribed by law. In order to respect the ‘best interest’ principle of the child, some guidelines
for the trial are required. These safeguards include, the presumption of innocence, right to
remain silent, right to the presence of a parent or guardian, right to cross examine witnesses,
right to be represented by a counsel, right to apply to free legal aid, the right to appeal103 and
the juvenile’s right to privacy.
Finally, it should be noted that the length of time involved in the trial of juveniles is very
important. Magistrates are therefore enjoined to ensure that the proceeding is concluded
quickly without any form of technicalities.
B. Family Courts
These courts are established pursuant to the CRA 2003. Family courts also has jurisdiction over
matters relating to children.104 The two levels of the family court are, High court level and
Magistrates Court level. In jurisdictions where the Child Rights Law are in place, juvenile
courts have been replaced with family courts. The family court at the High Court level shall be
constituted by a judge and two assessors, one of whom must possess attributes of dealing with
children.105 At the Magistrate level, the family court shall be constituted by a magistrate and
two assessors.106 The Chief Judge of the various states and that of the FCT appoints the judges,
magistrates and assessors of the family courts at both levels. 107 Just like the juvenile courts,
family courts exercise both civil and criminal jurisdiction on matters affecting children. The
features of family courts include;
102
ibid
103
Rules 7 Beijing Rules 1985
104
Section 149 and 204 CRA 2003
105
Section 152(3) (a) CRA 2003
106
Section 153 (3) (a) CRA 2003
107
Section 152 (2) and Section 153 (2) CRA 2003
33
a. Exclusion of persons other than members or officers of the court, the parties to the case,
the solicitor, counsels, parents or guardians of the child, and any other person directly
concerned with the case;
b. Prohibition of publication of any information that can lead to the identification of the
child.
In any case, most states that have domesticated the Act or passed the Act as State Law are yet
to have functional family courts. The submission is that the continuous trial of juvenile
offenders in juvenile courts in such states is a nullity where the State Child Right Laws repeals
the Children and Young Persons Laws of those states.
2.6.1.3 THE POST-TRIAL STAGE108
This is the last stage of juvenile justice administration. As it relates to a child offender, this
stage marks the anti-climax of the proceeding, it is the stage where guilt or innocence of the
juvenile offender will be pronounced. Where the child is found guilty or the allegation against
him “proved”, the court orders the appropriate punishment to be given to him or her, in
accordance with the law. At this stage, juveniles are either sent to approved institutions or
prisons depending on the nature of their case. Custodial institutions for juvenile offenders
include; remand homes, approved schools, prisons and borstals. 109 Ordinarily, children are not
supposed to be kept in prisons but some end up in prison either because they were born there
or because they were taken there by their mothers. Some also end up there because they are
committed to prison under custodial order. Police cells are detention centers of sort to some
children. Children who are waiting to be taken before the juvenile are detained in police cells.
108
<https://project.camppromat.com>juvenile-justice-administration-in-nigeria/> Accessed 17 September 2021
109
UNICEF, Children and Women’s Rights in Nigeria, A Wake-up (Situation Assessment and Analysis) [2001]
Op. Cit. Pp 230, See also Section 13(3) and (4) CYPL. 1946
34
2.7 CONCLUSION
In light of the discussion in this chapter, it is most evident that the juvenile justice system of
Nigeria is ineffective and is in dire need of reform. This reform should cover the legislative
backing of the juvenile system, the juvenile institutions and the practice itself. Chapter 3 of this
study will comparatively analyse the legal and institutional framework of juvenile justice
administration in Nigeria against the stipulated international model. This is to enable the writer
test the effectiveness of the laws affecting children and young ones in Nigeria.
This chapter has examined the practice of juvenile justice in Nigeria. It has discussed the
definitions of juvenile justice administration, its history in Nigeria, schools of thought on
juvenile justice and the practice of juvenile justice administration in Nigeria. All of the above
considered will give the reader a holistic understanding on Juvenile Justice Administration in
Nigeria.
35
CHAPTER THREE
LEGAL AND INSTITUTIONAL FRAMEWORK ON JUVENILE JUSTICE

ADMINISTRATION
3.1 INTRODUCTION
This chapter will focus on the international instruments and the domestic laws that regulates
juvenile justice system. Domestic laws considered are the Constitution of the Federal Republic
of Nigeria, the Children and Young Persons Law,1 Children and Young Persons Act,2 the Child
Rights Act,3 the Criminal Code Law,4 the Penal Code Law, the Police Act,5 the Administration
of Criminal Justice Law and the Criminal Procedure Act.6 The International instruments
considered are the United Nations Convention on the Rights of the Child (UNCRC),7 the
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing
Rules),8 the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh
Guidelines)9 and the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty.10
Further, in this chapter, this thesis will appraise the performance of various juvenile justice
institutions. The institutions are; the police, the court, the correctional homes (prisons), the
remand homes, the social welfare department and the borstal centres.
1
Cap 21 The Laws of Northern Nigeria, 1963
2
Cap 32, Laws of the Federation of Nigeria and Lagos, 1958
3
Gazette No.116, Vol. 90, 23rd December, 2003; Cap C50, Laws of the Federation of Nigeria, 2004
4
Cap 17, Laws of Lagos 2003
5
Cap P19 LFN 2003 (Formerly Cap. 359, LFN, 1990)
6
CPA 41, Cap 42, Vol. 4, 1960 and Cap 81 (1990)
7
8
United Nations Standard Minimum Rules for the Administration of Juvenile Justice, (Beijing Rules), 1985
9
United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines), UN General
Assembly, 45//113 (1990)
10 United Nations Rules for the Protection of Juveniles Deprived of their Liberty, UN General Assembly
Resolution 45/113, annex 45 UN GOAR Supp (No.49A), at 205 UN Doc., A/45/49 (1960)
36
3.2 LEGISLATION ON JUVENILE JUSTICE ADMNISTRATION
There are several legislations dealing with juvenile justice administration. These legislations
are both domestic and international. This subtitle will particularly elucidate on international
legislations and domestic child specific laws guiding juvenile justice administration in Nigeria.
Also, it will briefly examine other Nigerian legislations that affect children and young persons.
3.2.1 The Constitution of the Federal Republic of Nigeria, 1999 as amended (CFRN):11
This is the fundamental law of the country by reference to which the validity of all other laws
are determined.12 The 1999 Constitution of the Federal Republic of Nigeria is a grund norm
and serves as a pacesetter for other laws. It contains all laws that pertains to both children and
adults as it seeks to protect the rights of everyone. The most important provision of the
Constitution that is child-specific is the section that precludes persons who have not attained
the age of 18 years, who are charged with criminal offence from public trial.13 The Constitution
guarantees to every person including children, trial rights such as presumption of innocence,
the right to be notified of the charges, the right to remain silent and the right to legal
representation.14 The Constitution makes provision for laws that advocates for juvenile justice
and protects the rights of children. In line with the provisions of the international model, the
Constitution also advocates for the reformation, rehabilitation, and reintegration of juvenile
offenders. Successive Nigerian Constitutions since independence from British imperialism in
1960, guaranteed the rights of accused persons to fair trial and due process as contained in
chapter 4, section 36 of the Constitution of the Federal Republic of Nigeria.15 These
provisions conform to the relevant United Nations Rules and Guidelines on Treatment of
11
CFRN 1999 LFN 2004
12
13
Section 36 (5)(a) CFRN, 1999
14
15
1999 Constitution of the Federal Republic of Nigeria
37
Offenders as well as the Charter and Convention on Human Rights.16 On the assessment of the
administration and practice of juvenile justice system, findings revealed that Nigerian juvenile
justice laws including the Constitution of the Federal Republic of Nigeria and the treatment of
juveniles do not conform with the international laws.17 This is to say that despite the child
related laws already put in place and the provision of the constitution, the goal of juvenile
justice administration set out in the international laws has not still been achieved.
3.2.2 Child Rights Act 200318
The CRC, ACRWC and other United Nations instruments laid down uniform international
standards for children’s right that was adopted into the CRA. The Child Rights Act provides
for Child Justice Administration to replace the Juvenile Justice Administration which has been
in existence for several decades in Nigeria. This is seen in Section 274 of the CRA which
provides that ‘the provision of this Act supersedes the provisions of all enactments relating to
children, adoption, fostering, guardianship, approved institutions, borstal centers, remand
homes and any other matter pertaining to children already provided for in this Act’. An obstacle
to the realization of this provision is that only 25 states have adopted the CRA19 and by virtue
of this, the CRA only applies to those states. The remaining 11 states still apply the Children
and Young Persons Law even though it is not in consonance with the current standard on child
justice.
Section 1 of the CRA20 requires that in all actions concerning the child, “the best interest of the
child shall be the primary consideration”. Part xx of the CRA covering sections 204-237 of the
Act makes comprehensive provision for child justice that complies with international standards
16
Godswill James, ‘Assessment of the Administration and Practice of Juvenile Justice System in Abuja, Nigeria’
[2013] (4)(1) Mediterranean Journal of Social Sciences; 334
17
ibid
18
Cap C50, Laws of Federation of Nigeria, 2003
19
The states that have adopted the CRA are Abia, Akwa-Ibom, Anambra, Benue, Cross River, Delta, Ebonyi,
Edo, Ekiti, Enugu,
20
38
and is applicable at all stages of investigation, adjudication and disposition of any case against
a child. A highlight of the provisions include: Right to privacy of a child offender including
protecting the identity of the child from publication, training of persons that handle child
offenders, establishment of specialized children police unit, exercise of appropriate discretion
by persons who make determination of child offenders at all stages of the proceeding,
restitution and compensation of victims, and guaranteeing the fundamental rights of the child.21
Section 209 (1) and (2)22 provides for diversionary measures. That is, measures for dealing
with children accused of infringing the penal law without resorting to judicial proceedings. The
police could use means like supervision, restitution, compensation and guidance other than
judicial proceedings. The only qualification for the exercise of this discretion is that the offence
in question must be of a non-serious nature.23 Section 209 (3) CRA also emphasized that police
investigation and adjudication before the court shall be used only as measures of last resort. In
the course of investigation and on apprehension of the child, the court should consider the
immediate release of the child, promote the wellbeing of the child, use alternative measures
where possible and ensure that detention is used only as last resort. 24
By virtue of the provision of section 213,25 adjudication over child cases should only take place
in the “Family court”. This practice complies with the requirement of article 40(3) of the CRC.
Section 150 of the Child Rights Act indicates that the court operates at two levels of the High
Court and Magistrate Court. In section 151(1), the court is vested with unlimited jurisdiction
to determine any civil or criminal case in respect of a child or against the interest of the child.
Section 151(3) also provides that in the exercise of its jurisdiction, the family courts are to be
guided by the principle of conciliation of the parties involved and try to facilitate settlement of
21
Sections 205, 206, 207, 208, Child Rights Act 2003
22
The Child Rights Act 2003
23
Section 209 CRA 2003
24
Section 211 and 212 Child Rights Act 2003
25
CRA 2003
39
any matter before it in a peaceful manner. Like under the International Instruments, section
215 (1) (a-d) of the CRA26 emphasizes on protecting the best interest of the child and allowing
the child express himself or herself freely. Section 215(2) provides that the court can
discontinue proceeding at any time if it’s the best thing to do and the case shall be handled
without delay. Section 213 forbids the use of terms like ‘conviction’ or ‘sentence’. Also,
Section 221 prohibits the imprisonment or subjection to corporal punishment or death penalty
against a child and section 223 empowers judges to dispose of cases where they are satisfied
that an offence has been committed, with alternatives to custodial or institutional placements.
These placements include dismissing the charge, discharge wit recognizance, placement under
care order, supervision order, fine payment, damages and community service, to mention a
few.27
The Act recognizes the freedom of a girl child from discrimination on the grounds of belonging
to a particular community, ethnic group, origin, sex and it is stated that the dignity of the child
shall be respected at all times. The CRA 2003 also guarantees the right of a Nigerian child the
right to leisure, rest and enjoyment of the best attainable physical, mental and spiritual health.
The role of the government in achieving this objective is imperative. Another provision of the
Child Rights Act also considers children who are less privileged and those who stay on the
street.28 Importantly, the Child Rights Act is sufficient enough to contain the interest of
everyone concerned in the care and concern of children. However, there are some factors that
affect the implementation of some of the provisions of the Act. This explanation is both simple
and complex.29
26
Cap C50, Laws of Federation of Nigeria , 2003
27
G.A. Arowolo, ‘An Appraisal of the Legal Framework for Child Justice Administration in Nigeria’ [2018]
(6)(1) Journal of Law and Criminal Justice; 82-97
28
O.S. Akinwumi, ‘Legal Impediments on the Practical Implementation of the Child Rights Act 2003’ [2010]
(37)(10) International Journal of Legal Information; 388
29
ibid
40
The CRA was first drafted in 1993 but was later adopted as law ten years later. Not only that,
as at 2008, it has only been adopted in fifteen out of the thirty-six states. This indicates a huge
gap between the promises of the Act and the actual practices. As of May 27 2008, the then First
Lady of Nigeria, Alhaji Turai Musa Yar’ Adua was still appealing to states to ratify the Child
Rights Act. Several arguments have been employed by various states that have refused to adopt
the CRA. Most of them seem to rely on the issue of cultural diversity and religion. The failure
of Nigeria to legislate the Child Rights Convention and to curb the violation of child rights can
be traced to a failure to educate her citizens on human rights and child rights specifically. The
Nigerian obligation to educate her citizens on human right has been shunned with impunity.
The rights of a child should no longer be negotiated based on culture or religion again if the
Nigerian child is to change.30
In broad perspective, the CRA in content and principles, meets up the standard set by UNCRC,
AUCRWC, Beijing Rules, as well as other international instruments. However, it is surprising
to find that, in most states, where the CRA has been enacted, complete structures for its
implementation are not yet in place. It can be inferred that the commitment of the government
towards the protection of the rights of the child stops at enacting the law to satisfy international
obligations or for political expediency. An examination of the domestic laws guiding juvenile
justice administration in Nigeria goes to show that the Nigerian Government has put in effort
in enacting laws that comply with the international model but these laws are still ineffective
due to challenges of enforcement. Therefore, more effort should be put in place to ensure the
efficacy of these domestic legislations.31
3.2.3 Children and Young Persons Law 196332
30
ibid
31
32
Cap 21 The Laws of Northern Nigeria, 1963
41
In the region of Northern Nigeria, the Children and Young Person’s Law, Cap 21 the Laws of
Northern Nigeria, 1963 is the applicable legislation on juvenile justice administration. The
CYPL was enacted to ‘make provision for the welfare of the juveniles and the treatment of
young offenders and to prohibit the participation of juveniles in political matters’. Unlike the
CYPA, the CYPL clearly prohibits the participation of juveniles in political matters and did
not provide for the establishments of juvenile courts. As it were, the Law provides for the trial
of juveniles in ‘a Court of summary jurisdiction’. Magistrate Courts are courts of summary
jurisdiction and thereby assume the jurisdiction of juvenile courts when trying young offenders
in the Northern Region of Nigeria.33 It is important to note that there are differences in the age
and criminal responsibility of the juvenile in Nigeria.34
In the trial of a juvenile, the question of bail, pre-trial custody and detention as well as the
composition and procedure of the juvenile courts are very key issues in the provision of law.
On the issue of bail, the provision of CYPA and CYPL are similar.35 The laws provided for the
release of a juvenile offender, apprehended with or without warrant by a police officer. Such
release may be on a ‘recognizance entered into by him or by his parents or guardian, with or
without sureties, for such an amount as will, in the opinion of the officer, secure the attendance
of such person upon the hearing of the charge’. However, this bail condition does not apply to:
a) a person accused of homicide or other grave crime, b) a situation where it is necessary in the
interest of such person to remove him from association with any reputed criminal or prostitute
or c) a situation where the officer has reason to believe that the release of such a person would
defeat the end of justice.36 The import of this provisions, save in the circumstances that
constitute the exception, once a child is placed in police custody upon arrest, the issue of bail
33
34
Section 30 of the Criminal Code Act 2003 and Section 50 of the Penal Code 1960
35
Section 3 CYPA 1958 and Section 5 CYPL 1963
36
Section 3 (a), (b) and (c) of the CYPA 1958 and CYPL 1963
42
ought to arise. It should be noted that the pre-trial provision on bail pertains only to the power
of the police to grant or withhold bail to an accused person. The provisions of the CYPA and
CYPL concerning bail is in consonance with the provisions of section 35(4) and (5) of the 1999
Constitution, Sections 17 and 18 of the Criminal Procedure Act and Section 340(1) of the
Criminal Procedure Code. These provisions expand the discretionary power granted to the
police on bail.
Another issue in juvenile justice administration is pre-trial custody or detention. The CYPA
and CYPL expressly provides that a child not released on bail by the police is to be detained
in a place of detention.37 The place of detention can be remand homes, approved institutions,
prison, police station or any other suitable place.38 It could also be in the care of such a person
as the police officer or court may think proper.39 In some jurisdictions, however, child friendly
detention centers as provided by the statutes are not available. An example is Kogi State. The
practice in Kogi State is to detain child offenders in the police cells or prisons without regard
to the provision of the law.40 Despite the constitutional provisions as to the time limit to which
a child detained is to be brought before the court,41 children are often kept in the custody for
quite an unreasonable time. This practice is not in consonance with the international model
which stipulates that the detention of a child should be for the shortest time possible.42
The third crucial issue in juvenile justice administration has to do with the constitution and
procedure of the juvenile courts. The CYPL does not expressly make provision for the
establishment of juvenile courts. The law only vests jurisdiction on ‘courts of summary
37
Section 4 CYPL 1963 and Section 4 CYPA 1958
38
39
Section 13(4) CYPL 1963 and Section 16(3) CYPA 1958
40
ibid
41
Section 35(4) CFRN, 1999
42
Rules 13:4, 13:3 and 13:5 Beijing Rules 1985
43
jurisdiction’43 to try juvenile offenders. The CYPL does not also provide for the way and
manner the courts of summary jurisdiction are to be constituted for juvenile trial proceedings.
However, in practice, designated Magistrates sit over juvenile matters, having regard to the
stipulated requirements in sections 8,9,10 and 11 of the CYPL. These sections are with respect
to the attendance of parents or guardian of juvenile during trial, method of dealing with juvenile
whose quit has been established, appropriate alternative orders and restrictions on
punishments.44 The implication of this is that the procedure of the juvenile courts is at the
discretion of the Magistrate since the equivalent of section 8 of CYPA dealing with the
procedure was excluded from the CYPL.
The provisions of the CYPA are quite explicit as to the constitution and procedure of the
juvenile courts. The procedure for the trial of juvenile offenders is provided in section 8 of the
CYPA. The CYPA confers exclusive jurisdiction on juvenile courts to try juvenile offenders.
By virtue of section 6 of the CYPA, a juvenile court for the purpose of hearing and
determination of cases relating to children or young persons is constituted by a magistrate either
sitting alone or with any other person appointed by the Chief Judge of the State.45 This simply
explains that there are no special juvenile judges. Instead, a magistrate is allowed to wear two
caps by sitting as a magistrate in regular courts and as a juvenile judge at other times. Finally,
may it be noted that the law proposes the replacement of juvenile courts with family courts.
However, this is yet to happen.
3.2.4 Children and Young Persons Act 1943 46
43
Section 3 CYPL 1963
44
45
ibid
46
Children and Young Persons Act 1943
44
A federal statute that specifically provides for children and young persons. It was the first law
and the key legislation in Nigeria that dealt with matters relating to children and young persons.
In Nigeria, the first conscious effort for the concept of juvenile justice, was in 1943 when the
Children and Young Persons Act47 was promulgated by the British Colonial Government, for
application in any part of the Protectorate of Nigeria, on the order of the Governor-in-Council.
The CYPA was initially enacted as an Ordinance in 1943. It was subsequently amended
through various legislations. Intended as a national law, provision was made for its adoption
as regional law, and subsequently, as state law. As a result, the law was extended to the Eastern
and Western Regions of Nigeria in 1946 by Order in Council, No.22 of 1946. The law was also
enacted for the then Northern Region in 1958 and constituted the Children and Young Persons’
Law (CYPL) Cap 21 of the Laws of Northern Nigeria 1963.48 Prior to the enactment of the
CRA, the CYPA was the major piece of legislation dealing with a child offender.49 The text of
the law is divided into nine parts.50 The first part deals with preliminary issues, part 2 deals
with bail issues relating to child offenders under arrest and constitution of juvenile courts, part
3 deals with probation officers, part 4 deals with approved institutions and juveniles in need of
care, part 6 deals with the contribution of parents or guardians towards the maintenance of
juveniles, and lastly, part 7, 8 and 9 is on miscellaneous issues.
The enactment of the CYPA and the application of special procedure in juvenile matters were
intended to protect the child from the harsh and cumbersome nature of procedure applied in
ordinary courts, and to serve as a response to the necessity for a modern social justice system.
It was rightly argued that even though a plethora of criticisms can be launched against the
juvenile justice system in the country, the law and how it is being administered should not just
47
Cap 32, Laws of the Federation of Nigeria and Lagos, 1958
48
N.A. Iguh and O. Nosike, ‘An Examination of Child Rights Protection and Corporal Punishment in Nigeria’
[2011] (2)(1) Nnamdi Azikiwe University Journal of International Law and Jurisprudence; 107-121
49
M.A. Abdulraheem-Mustapha, ‘Child Justice Administration in the Nigerian Child Rights Act: Lessons from
South Africa’ [2016] (16)(1) African Human Rights Law Journal; 435-457
50
See Children and Young Persons Act, Cap 32, Laws of Federation of Nigeria, 1958.
45
be dismissed as relics of colonial past but should be perceived as some of the hydra-headed
legacies of British colonial criminal justice system.51 To the arguments against the CYPA, it
was pointed out that much of the criticism rests not so much on the philosophical orientation
of the imported mode of juvenile justice system but rather, it’s a problem of the Nigerian
legislations which has not been reviewed to meet the interest of a juvenile offender in Nigeria.
Fundamentally, the CYPA has remained the reference statute for juvenile justice administration
in every state of the federation. It was enacted to “make provision for the welfare of the young
and the treatment of young offenders and for the establishment of juvenile courts”. The CYPA
aims at protecting the welfare of juveniles and treating young offenders. Following the passage
of the CRA, the CYPA has now been suspended. It should also be noted that the CYPA has
been criticized on a number of grounds that warrants its immediate repeal. A review of the Act
showed that when compared with the present dispensation of advancement and development
of international law on child’s right protection to which Nigeria has subscribed particularly
relating to child justice administration, the CYPA can be described as obsolete and out of tune
with modern development having been enacted originally by the British Colonialist without
any major reforms that comply with the current international model.52
3.2.5 United Nation Convention on the Rights of the Child 1989 (UNCRC)
This is an International Human Right Treaties, which provides for universally accepted
standards in relation to Child Rights. It is the foremost international instrument for protecting
children’s right. Nigeria ratified the United Nation Convention on the Rights of the Child in
1991. The most relevant provisions of the UNCRC on the administration of juvenile justice are
51
52
ibid
46
contained in articles, 37, 39 and 40, respectively. Article 37 and 4053 particularly advocates for
the protection of the welfare and dignity of juveniles. The provision is to the effect that children
in conflict with the law have the right to treatment that promotes their sense of dignity and also
those treatment that take into account their age, and aims at re-integrating them into the
society.54 Article 37(a) prohibits “the torture of other cruel, inhumane and degrading treatment
or punishment” and the imposition of capital punishment or life imprisonment without
possibility of release on children below 18 years. Article 37(b) specifically states that the arrest,
detention or imprisonment of a child shall be used only as a last resort and for the shortest
possible time. This right applies regardless of the reason for the deprivation.55
The UNCRC provides that if a child is deprived of his liberty, it should be done in a manner
that is humane and which considers the special interest of a person of that age. 56 Further, the
article provides for the separation of children offenders from adults unless it’s in the best
interest of the child not to be separated. Article 3957 indicates the right to rehabilitation and
social re-integration of children victims of neglect, exploitation and abuse. Article 40 sets
minimum procedural guidelines to be guaranteed to a child who is accused and convicted of a
crime. The article posited that such a child shall be treated in such a manner which promotes
the dignity and worth of the child, reinforces the child’s respect for the human rights and
fundamental freedom of others and which take into account the child age and desirability of
promoting the child’s re-integration and the child resuming a constructive role in the society.
These procedural guidelines include the recognition of the child right to be presumed innocent,
53
54
Article 1 UNCRC 1989
55
Report of the Committee on the Rights of the Child (2000), General Assembly Official Records 55 th Session,
Supplement No.41 (A/55/41). New York: United Nations.
56
57
47
the right of the child to be notified of charges, right to remain silent, right to presence of a
parent or guardian and the child right to free legal representation. The article imposed due
process, fair hearing principles, and respect to the privacy of the child at all stages of the
proceeding.
Finally, may it be noted that the provision of articles 37, 39 and 40 was incorporated into
sections 204-238 of the Child Rights Act and the effective implementation of these articles is
to be aided by the application of the three UN instruments.58
3.2.6 United Nations Standard Minimum Rules for the Administration of Juvenile Justice
1985 (Beijing Rules)59
The Beijing Rules was the first international comprehensive statement to specifically focus on
juvenile justice administration. Its aim was to develop a juvenile justice system that should be
fair and humane, emphasizing the well-being and rehabilitation of the juveniles: The Beijing
Rules insist on the principles of proportionality; that is, it ensures that the reaction of the
authorities is proportionate to the circumstances of the offender as well as the offence. These
rules predate the CRC into which most of the rules were incorporated. This is evident in the
provisions of article 40(4) of the CRC which reiterated the provisions of Rule 5 that the two
important aims of juvenile justice are the promotion of the wellbeing of the juvenile and that
any reaction to juvenile offenders shall always be in proportion to the circumstances of both
the offenders and the offence. This simply means that the reaction to young offenders should
be influenced by the personal circumstances like social status, family situation, the harm caused
by the offence or other factors affecting personal circumstances, and the child offender’s
58
Report of the Committee on the Rights of the Child (2000), General Assembly Official Records 55 th Session,
Supplement No.41 (A/55/41). New York: United Nations.
59
48
endeavor to indemnify the victim or to his/her willingness to turn to wholesome and useful
life60.
There are seventeen key provisions in the Beijing Rules61.
1. The fair and humane treatment of juveniles who are in conflict with law, thus promoting
the wellbeing of the child.
2. Impartial application of the rules to juvenile offenders, without distinction of any kind
such as race, colour, religion, status, sex, language, property or birth.
3. The accordance of respect for the juvenile’s right to privacy.
4. The accordance of due process rights to the juvenile offender, including the right to a
fair hearing and an expeditious pre-trial, trial and disposition process.
5. Strict confidentiality of the records maintained at all times
6. The system must react proportionately to both offender and offence.
7. The use of community programs for diversion from formal court procedures, with the
juvenile consent.
8. The use of detention only as a measure of last resort, for the shortest possible period of
time.
9. Juveniles should be detained separately from adults.
10. Proceedings should always be conducted in a manner that encourages the child’s full
participation.
11. Deprivation of a child’s liberty should be carefully considered and only for serious
offences.
12. Capital and corporal punishment should be abolished.
60
Rule 5 and commentary to the United Nations Minimum Rules for the Administration of Juvenile Justice
(Beijing Rules), United Nations General Assembly Resolution A/RES/40/33, 1985
61
UNICEF, ‘Juvenile Justice Administration in Nigeria; A Course Manual for Law Enforcement Official Working
with Juvenile Offenders’ [2003] United Nations Children Fund; 14-15
49
13. Institutionalism should be a last resort measure after consideration of all alternatives.
14. There should be continuous and specialized training for Police Officers dealing with
juveniles
15. Where juveniles do undergo institutional treatment, educational services should be
provided to enable juveniles to return to society.
16. Release should be considered as possible after arrest.
On a final note, may it be noted that many of the provisions of the Beijing Rules have become
binding on the states by virtue of its incorporation in the Child Rights Act and most
importantly, the provisions of sections 204 to 238 of the CRA is a complete codifications of
the 17 key principles of the Beijing Rules.62
3.2.7 United Nations Guidelines for the Prevention of Juvenile Delinquency 1990 (Riyadh
Guidelines)63
The Riyadh Guidelines stress on a holistic nature of administration of juvenile justice as it
emphasizes on the importance to pursue child centered orientation in any preventive program.
A successful prevention of Juvenile Delinquency requires efforts on the parts of the society to
ensure the wellbeing and harmonious development of adolescents, and to ensure promotion of
their personality from early childhood. Young persons should have active role and partnership
within society and should not be considered as mere objects of control. The aims and objectives Commented [H15]: Kindly Footnote
of the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh
Guidelines) are stated in Rules 1 and 4 as; to provide a framework ‘to implement the
Convention on the Rights of the Child and to pursue the goals set forth in the Convention with
regard to children in the context of the administration of juvenile justice, as well as to use and
62
63
United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) United Nations
General Assembly Resolution A/RES/45/112, 1990
50
apply the United Nations Standards and norms in juvenile justice and other related
instruments’.
The general prevention policies are discussed extensively in part 3 of the guidelines which
stipulates that comprehensive prevention plans should be instituted at every level of
government. The following are the comprehensive prevention plans.64
1. An in dept. analysis of the problem and list of available problems, services, facilities
and resources.
2. Well defined responsibilities for all role players involved in prevention.
3. Coordination of prevention efforts between governmental and non-governmental
agencies
4. Constant monitoring of policies on prevention
5. Methods for effectively reducing opportunity to commit delinquent acts.
6. Community involvement
7. Inter-disciplinary cooperation between national, state, regional and local governments,
with the involvement of private sector and child care, educational, social, law
enforcement and judicial agencies.
8. Youth participation in delinquency prevention policies and processes including
community resources, youth self-help initiative, and victim compensation and
assistance programs.
9. Specialized person at all levels.
The guidelines are to be implemented in the context of the economic, social and cultural
conditions prevailing in the state. Also, in dealing with children, method used must be in form
of correction and not in form of punishment. Imprisonment, detention and the use of formal
64
UNICEF, Juvenile Justice Administration in Nigeria Op, Cit; 20
51
agencies of social control should only be used as a means of last resort. The aim of prevention
measures should be to promote human rights in general and children’s right in particular. This
is evidenced in article 24 Riyadh Guidelines which states that “particular attention should be
extended to young persons who are at social risk.65
Just like the Beijing Treaty, the Riyadh Guideline is not a treaty. Therefore, the guidelines can
only be considered as offering safeguards but their provisions do not constitute legally binding
obligations for states.
3.2.8 United Nations Rules for the Protection of Juveniles Deprived of their Liberty 1990
(Havana Rules)66
The Havana Rule make similar provisions to that of the CRC and the Beijing Rules. Rules 17,
18, 19 provide for right to fair trial including right to legal counsel and legal aid. It provides
that leisure and detention before trial shall be avoided to the extent possible and when used, it
shall be to the shortest duration possible. Right to materials for leisure and recreation as is
compatible with the administration of justice is also guaranteed including the separation of
juveniles from adults in detention except as is beneficial to the juvenile.
The United Nations Rules for the Protection of Juveniles Deprived of their Liberty was
formulated as a preventive rather than a curative policy mechanism for dealing with the
problem of children in conflict with the law.67 Its additional innovations to that of the Beijing
Rules are that Rule 1 (a) specifically defines a juvenile as every person under the age of 18.
Rule 49 entitles juveniles in detention to adequate medical care, both preventive and remedial,
including dental, ophthalmological and mental health care, as well as pharmaceutical products
65
66
General Assembly Resolution A/RES/45/113 1990.
67
B. Owasanoye and M. Wernharm (eds), Street Children and Juvenile Justice System in Lagos (Human
Development Initiatives 2004); 26
52
and special diets as medically indicated. Rule 79 provides for all juveniles to benefit from
arrangements designed to assist them in returning to society, family life, education or
employment after release. By virtue of Rule 81, personnel should be qualified and include a
sufficient number of specialists, such as educators, counsellors, psychologists and social
workers.68 The Havana Rules are not only applicable to juvenile justice institutions but apply
to deprivations of liberty on the basis of the children’s welfare and health.
The United Nations Rules for the Protection of Juveniles Deprived of their Liberty69 established
minimum standards in all forms, consistent with human right and fundamental freedoms, and
with a view to counteract effects of all types of detention and to foster integration in the society.
The Havana Rules should be applied without discrimination to age, colour, sex, race, language,
religion, nationality, birth, family status or other cultural beliefs. The beliefs and practices of
the juveniles should be respected. The rules as laid in United Nations Rules for the Protection
of Juveniles Deprived of their Liberty should be made available to juveniles in their national
languages. Juveniles who do not understand the language spoken should have the right to the
services of an interpreter free of charge whenever necessary. Where appropriate, states should
incorporate the United Nations Rules for the Protection of Juveniles Deprived of their Liberty
into their legislation or amend it accordingly and provide effective remedies for their breach.
This includes compensation when injuries are inflicted on juveniles. States should also make
sure the rules are applied.70
The Havana Rules are applied to every person under the age of 18. Any form of detention or
imprisonment or the placement of a person in a public or private custodial setting, from which
this person is not permitted to leave at will, by order of any judicial or public authority is
68
69
70
Athirah Suresh, ‘The United Nations Rules for the Protection of Juveniles Deprived of their Liberty,1990’
[2020] <https://lawsisto.com/articleread/NDY/The-United-Nations-Rules-for-the-Protection-of-Juveniles-
Deprived-of-their-Liberty-1990/> accessed 27 September 2021
53
considered as deprivation of liberty. Juveniles under trial should have the right of legal counsel
and be enabled to apply for free legal aid, where it is available.71 They should also have the
right to freely communicate with their legal advisers regularly and should be provided with
opportunities to seek for employment. The Havana Rules clearly set out standard applicable
when a juvenile is confined to any facility. Another International Instrument is The African
Union Charter on the Rights and Welfare of the Child (AUCRWC). This charter also contains
detailed provision applicable to Juvenile Justice Administration and it is evident in article 17.
These provisions of the article are materially the same with the provisions of article 40 of the
UNCRC.
It can be seen from the foregoing that most national laws strive to ensure that international
instruments are domesticated in order to ensure their application and to enshrine best practices.
Owing to this fact, the Child Rights Act incorporates the provisions of the United Nations
Convention on the Rights of the Child and other International Instruments72.
3.3 OTHER LAWS GUIDING JUVENILE JUSTICE ADMINISTRATION IN
NIGERIA
 Criminal Code Law 191673 and Penal Code Law 1960:
Cases involving children in conflict with the law are always criminal in nature and are
within the provisions of the Criminal Code and the Penal Code. The age of criminal
responsibility provisions in these substantive criminal laws strictly applies to children.
The substantive criminal law also has several provisions that protect children against
71
ibid
72
<https://project.camppromat.com>juvenile-justice-administration-in-nigeria/> Accessed 27 September 2021
73
Cap P19 Laws of the Federation 2004
54
harm and sexual exploitations.74 For instance, the Law provides that children below the
age of seven years are not criminally responsible for their actions. Further, children
above seven years but below twelve years of age who has not attained sufficient
maturity of understanding to judge the nature and consequence of such act cannot be
held liable for an offence75. In the same vein, there are provisions in the law that
criminalizes some acts or omission done to a child.76 These offences include causing
miscarriage, cruelty to children, abandonment of children under twelve years etc.
 Criminal Procedure Code (CPC) and the Criminal Procedure Act (CPA):77
The CPC regulates criminal trial of adult offenders in the F.C.T, Kano and Plateau
States while the CPA applies in Rivers State to the procedural aspects of a normal
criminal trial of adults. Criminal Procedure Code78 is the procedural law regulating all
criminal trials inclusive of trial of adults and children. It equally has some specific
provisions that apply to children and young persons. For instance, the law provides that
where a person is convicted of an offence punishable with death and it appears to the
court by which he is convicted that he is under the age of sixteen when he committed
the offence, the court shall order that he be detained during the Military Administrations
pleasure.79 The Criminal Procedure Code provides no death sentence shall be imposed
on a person who is under seventeen years of age or on a pregnant woman.80
 The Police Act 202081:
74
Section 216 against indecent assault of boys under 14 years, section 222 prohibiting indecent treatment of girls
under 16 years, section 225 adoption of girls under 18 years with intent to h ave carnal knowledge, all of the
criminal code and sections 236 causing death of quick unborn child, section 237 abandonment of a child under 12
years, section 238 cruelty on children, section 271-274 adoption and kidnapping of children, all of the penal code.
75
Penal Code Law Cap 89 Laws of Northern Nigeria, 1963
76
Section 232 and 239 of the Penal Code Op.Cit
77
CPA 41, Cap 42, Vol.4, 1960 and Cap 81 (1990)
78
Criminal Procedure Law, Cap 30 LNN
79
Section 272 Criminal Procedure Code
80
Section 270 Criminal Procedure Code
81
Cap P19 LFN 2003(Formerly Cap. 359, LFN, 1990)
55
The first form of contact of juvenile offenders and the criminal justice system is the
police. This brings the Police Act into operation subject to other relevant laws. It is very
important that the application of the Police Act in juvenile matters shall only be done
subject to the standard set by other laws.82 The Juvenile Justice system in the state, takes
into account all the above stated legislation when dealing with children in conflict with
the law.83
3.4 INSTITUTIONS INVOLVED IN JUVENILE JUSTICE ADMINISTRATION
The Police, Courts and the Correctional Homes are the principal institutions involved in
Juvenile Justice Administration. However, there are other juvenile institutions such as, the
remand homes, the social welfare department and the borstal centres.
In this sub-title, attempts will be made to appraise the performance of these institutions in the
exercise of their duties as it relates to Juvenile Justice Administration.
3.4.1 The Police
The Police plays a very pivotal role in Juvenile Justice Administration. Firstly, it has statutory
mandate to prosecute suspects, arrest suspects with or without warrant depending on the nature
of the crime, grant bail to suspects pending appearance in courts etc. Secondly, they are the
first point of contact with a child in conflict with the law. Lastly, the Police is the main Law
Enforcement Agency recognized by the Constitution with a high visibility than other law
enforcement agencies, as the Police establishment has a structural and operational spread in
82
83
ibid
56
every nook and crannies of Nigeria, to bear the burden of crime prevention and law
enforcement at every level of criminal justice system.84 The Constitution by virtue of section
214 confers some powers and duties on the Police.85 Asides from these duties, the Police Act
provides that the Police “shall be employed for the prevention and detection of crime, the
apprehension of offenders, the preservation of law and order and the protection of life and
property.86 The police officers generally bring in or summon young offenders to the police
department’s juvenile division and question fingerprint, book and, if necessary, detain the
juveniles. At the time of the arrest, officers decide whether to refer young offenders to juvenile
courts or to route these cases out of the justice system. 87 The duties of the Police in the child
justice system does not end after apprehending the child and taking the child to the welfare
office. The Police still has to investigate the case and prosecute the child offender. With all
these in mind, it is a truism that the police are actually the backbone of the juvenile justice
system.
Notwithstanding the overwhelming role of the police in the administration of juvenile justice,
it has been observed that the Police in Nigeria often do not have the requisite skill to handle
children in order to minimize the psychological effect of the arrest on the child. There are also
recorded cases of photographs of children suspected of committing crimes being found on the
newspaper or these children being paraded on the television with adult offenders. All these are Commented [H16]: Kindly footnote with life experiences.
in contravention with the international standard for the treatment of child offenders and are
also in violation of the rights of the child. By virtue of the law, the identity of the juvenile
offender is not supposed to be publicized. Unfortunately, the opposite happens in Nigeria.
84
<https://project.camppromat.com>juvenile-justice-administration-in-nigeria/> accessed 6 October 2021
85
section 214(2) (b) CFRN, 1999
86
Section 4 Police Act Cap P19 Laws of the Federation of Nigeria, 2004
87
Valerie Bolden-Barrett ‘Police Officers Roles in the Juvenile Justice System [2020]
<https://www.chron.com/police-officers-roles-juvenile-justice-system-24909.html/> accessed 30 November
2021
57
Research also shows that some of the policemen rape the female juveniles in the correctional
homes, this is highly unacceptable. Normally, the male policemen should not even be allowed Commented [H17]: Kindly footnote. Which research?
into the female ward but rather, the opposite is allowed in practice. These juveniles are
sometimes detained in the correctional homes for a very long time without good food and water
or even access to recreational activities that can help develop them. The aim of taking juveniles Commented [H18]: Kindly footnote
to correctional homes is hardly ever achieved especially in a country like Nigeria where the
correctional homes are not even conducive enough and lack skilled personnel that can carefully
take care of children. The effectiveness of the Nigerian Police Force as a juvenile justice
institution is quite questionable as there are various practice and factors that retard their
efficiency.
3.4.2 The Courts
The courts vested with the jurisdiction to entertain matters affecting children are Juvenile
Courts and Courts of Summary Jurisdiction. Under Courts of Summary Jurisdiction, we have
Magistrate Courts and Family Courts. Juvenile Courts or Magistrates are established by virtue
of the provisions of Children and Young Persons Act or the Children and Young Persons Law
while Family Courts are established pursuant to Child Rights Act.88 The law mandates these
courts to observe due process, principles of fair hearing, and regard to the legal status of the
child. The Juvenile Court is constituted by a Magistrate sitting alone or with assessors who are
appointed by the Chief Judge of the State. May it be noted that the real intendment of the law
in establishing Juvenile Courts is for the treatment of children in conflict with the law. In
juvenile proceedings, it is a paramount consideration to guarantee the child’s right to privacy.
The juvenile courts are established to handle issues, such as; (i) Bail of children arrested, (ii)
Custody when children are not taken on bail, (iii) Association of children with detained adults
88
Sections 6 CYPA, Section 3 CYPA, Section 149 CRA
58
while in custody, (iv) Remand and committal to custody89. The courts are expected to consider
the issue of bail to the child offender immediately and make sure that the trial is expeditiously
concluded. Finally, Juvenile courts cannot impose imprisonment on juvenile offenders except
in circumstances contemplated by law. Note that the Family Courts system under the CRA has
features similar to Juvenile Courts.
An appraisal of the performance of Juvenile Courts in Nigeria shows that the system is faced
with some problems, such as, lack of skilled manpower and lack of facilities. Magistrates who
preside over juvenile matters lack special training and qualification in juvenile issues.
Sometimes, child offenders are kept in custody for a fairly long time in contravention of the
constitutional provisions. In states like Kogi, juveniles have no access to free legal services90
and the realization of the objectives of the CYPA, CYPL and CRA will depend on the
availability of free legal services to juvenile offenders. With all these setbacks, it is obvious
that some work needs to be done in our Juvenile Court System. The primary goals of the
juvenile courts are skill development, rehabilitation, and successful reintegration of juveniles
into the community.91 However, not all of these goals have been achieved by the juvenile courts
in Nigeria due to some setbacks. In terms of skill development and reintegration in the society,
Nigeria lacks sufficient recreational infrastructures and training facilities needed for the
juvenile offenders to learn. Not only that, some of the magistrates and other juvenile justice
officials are unskilled and lack the sufficient knowledge needed in juvenile justice
administration. Commented [H19]: Kindly footnote
The juvenile courts have limited jurisdiction in criminal matters where children are involved.
Juvenile proceedings are usually presided over by magistrates in the Juvenile Courts and Courts
90
<https://project.camppromat.com>juvenile-justice-administration-in-nigeria/> accessed 9 October 2021
91
Youth Government, ‘Juvenile Justice’ [2021] <https://youth.gov/youth-topics/juvenile-justice/> accessed 3
December 2021
59
of Summary jurisdiction. However, the major problem with our juvenile court system is the
lackadaisical attitude of the magistrates and the poor standardized juvenile courts. Some of the Commented [H20]: Kindly footnote. You cannot make
sweeping statements as this.
magistrates are even unskilled on the job. Furthermore, juvenile courts magistrates who are
expected to be separate from magistrates presiding over adult matters still go ahead to preside
over adult matters while still handling juvenile cases. The magistrates for juvenile matters are
expected to be distinct from magistrates handling adult proceedings. This is, however, not the
case. There are laid down guidelines regarding juvenile proceedings, guidelines such as
confidentiality, limit to the number of persons that can be present ex cetera. These guidelines
which seek to protect the interest of the child offender is sometimes not followed, especially
in Nigeria. Some of the juvenile courts are also not of standard and lack some necessary
facilities. With all these setbacks, it is obvious that some work needs to be done in our Juvenile
Court System.
3.4.3 The Correctional Homes
Custodial institutions recognized for children by law are remand homes, approved institutions,
borstal institution, schools and the correctional homes (formally known as prisons) depending
on the nature of their case.92 From research, it has been observed that these centers are actually
non-existent or where they exist, they lack equipped facilities. As a result of these setbacks,
juvenile offenders are detained or kept in police cells with adult offenders which is definitely
very wrong. The police cells are not even well equipped. Peer-reviewed research concludes
that a stay in pretrial correctional homes (prisons) increases a young person’s likelihood of
felony recidivism by 33% and misdemeanor recidivism by 11%.93 Juvenile detentions in
92
ibid
93
The A.E. Casey Foundation, ‘Juvenile Detention Explained’ [2021] <https://www.aecf.org/blog/what-is-
juvenile-detention/> accessed 4 December 2021
60
correctional homes (prisons) are fraught with negative effects. These negative effects include;
exacerbated health issues, separation from family, school, job and community.
Removing a child from their community to detain the juvenile in correctional homes (prisons)
means removing that child from his or her schooling schedule. This automatically disrupts the
track the child was academically before the confinement. Consequently, this results to such Commented [H21]: Kindly footnote
child being unable to complete his school years or even find employment. Secondly, the poor
condition of the prison cells and the dilapidated infrastructures exposes the juvenile offenders
to worse health conditions, their health often suffers a consequence in ways that are both
observable and long lasting. May it also be noted that these juveniles while suffering Commented [H22]: Kindly footnote
incarceration in prison cells, are sometimes given disproportionate and inhumane punishments
that doesn’t seek to reform nor rehabilitate them. They are further deprived of access to
recreational activities and skills that can help reshape them into the society. The prison as a
juvenile justice institution is not very effective as the officials there do not even carry out their
responsibilities like they are supposed to. The male police men are sometimes responsible for
raping the female juveniles. The juvenile offenders are sometimes not even fed well and are
deprived access to education. These practices are contrary to the international standard and the
provisions of the Child Rights Act which guarantees child-friendly treatment in the juvenile
institutions. Generally, young people who are confined in detention centres while their cases
are pending suffer negative outcomes. May it be noted that the name ‘Nigerian Prison Service’
was changed to ‘Nigerian Correctional Service’ by President Muhammadu Buhari on the 15th
August 2019. The head quarter is in Abuja and it is under the supervision of the Ministry of
the Interior and Civil Defence Immigration and Correctional Service. Their major function is
to take into lawful custody all those duly certified to be so kept by courts of competent
jurisdiction.
61
This writer will conclude by saying that the poor state of the Nigerian correctional homes
(prisons) is worrisome and something urgent needs to be done about it. However,
commendation must be given to the efforts of some of our genuine police workers who are
doing their jobs transparently.
3.4.4 The Remand Homes
Another juvenile justice institution is the remand home. These are transit camps for young
juvenile offenders whose cases are pending in court.94 A remand home is a British institution
to which juvenile offenders may be committed by the court for temporary detention.95 The term
‘remand’ may be used to describe the process of keeping a person in detention rather than
granting bail. It simply means detention during trial. Remand homes serve as detention custody
sites (maximum of 3 months) for juveniles awaiting trial, or disposal after a guilty verdict.
Children in need of care and protection and children beyond parental control are also
commonly kept in the remand home while a social enquiry report is being prepared.96 Remand
homes were established by the Nigerian Government to help care for abandoned children, as
well as children who have behavioural problems. The objectives of the New Life Education
were to help the at-risk children in remand homes. The remand home is supposed to serve as a
reform centre for juveniles in conflict with the law. Unfortunately, it doesn’t serve its purpose
as the conditions in the remand home is not remarkably different from those of adults in conflict
with the law. A survey carried out in Sapele remand home shows that the inmates there are left
without food for a long time and sometimes, they are denied access to recreational activities.97
94
The A.E. Casey Foundation, ‘Juvenile Detention Explained’ [2021] <https://www.aecf.org/blog/what-is-
juvenile-detention/> accessed 4 December 2021
95
Merriam-Webster, ‘Remand Home Definition and Meaning’ [1831] <https://www.merriam-
webster.com/dictionary/remand%20home/> accessed 228 November 2021
96
97
Editorial Team, ‘The Challenge of Remand Homes’ This Day Newspaper (Lagos, September 6 2017)
<https://www.thisdaylive.com/index.php/2017/09/06/the-challenge-of-remand-homes/> accessed 29 November
2021
62
Just like the prisons, the remand homes in Nigeria are more or less oppressive institutions
aimed at punishing offenders rather than rehabilitating them. The institutions are ill-equipped
and the inmates are ill fed. They are also denied humane treatment and access to sporting
activities. It should however be noted that it is not all places in Nigeria that have poor
conditioned remand homes. A UNICEF report98 shows that the ‘Boys Remand Home, Oregun’
is not so bad and the condition is okay to an extent. The remand home has a capacity of 200
inmates. The children mix together freely and there is no attempt to segregate them. The
children also attend remedial classes and learn various skills such as tailoring, barbing and
graphic design. These juveniles are being taught basic hygiene and are given uniforms. They Commented [H23]: Kindly footnote
are also allowed to participate in recreational activities. This is just to say that not all remand
homes and correctional homes are poor conditioned. However, on a general note, the state of
juvenile justice institutions in Nigeria are very poor and the performance of the officials is not
even encouraging at all. This cankerworm should not just be left in the hands of the government
as everyone has a role to play in its reformation.
3.4.5 The Borstal Centres
‘The Borstals’ is a British name for the Reformatory schools. Borstals are institutions where
youth offenders receive training in lieu of imprisonment so that they can be reformed under
conditions which are different from those of prisons.99
The Borstal Institute for Juveniles now called ‘The Senior Correctional Centre’ is a juvenile
correction institute under the Ghana Prisons Service. The borstal centre is a correction centre
for people under 18 years’ old who have been convicted for civil or criminal offences. The
98
Isabella Okagbue, ‘Children In Conflict With The Law: The Nigerian Experience’ [2021] <https://www.unicef-
irc.org/portfolios/documents/487_nigeria.htm/> accessed 9 December 2021
99
ibid
63
period the convict spends in the centre is aimed at reforming him or her so they can fit into the
society easily after their stay in the borstal centre. The borstal home is one of the three federal
government-funded institutions that hold juvenile with anti-social behavior.100 Borstal
institutions are specifically designated for the institutionalization of offenders and other
categories of children between the ages of 16-21 years, for a period of five years.101 It is a
normal practice in the borstal centres for parents to visit monthly to check on their wards,
however, report shows that some parents dump their children there and do not bother coming
to check on them from time to time. The attitude of the parents stems from the belief that the
borstal homes are resourceful enough to cater for their wards in their absence. However, this
is not always the case.102 Though section 234 and 236 of the Child Right Act103 mandates
welfare homes to provide accommodation, education, training and any other form of support
to the juveniles, not all Nigeria’s borstal centres meets up to this standard. Instead the borstal
centres are run like adult prisons.
There are three borstal homes in Nigeria situate in Kaduna, Lagos and Abeokuta. These
institutions are saddled with the responsibility of detaining and caring for young offenders and
recidivists who are not allowed by law to be kept in prison. The aim of establishing borstal
centres is to separate child offenders from adult offenders who are in prison custody.104 This
separation also prevents young offenders from being subjected to harsh punishments and
physical abuse from adult inmates. Essentially, borstal homes are reformatory institutions
aimed at re-orientating the young persons who stand on the edge of moral precipice, to enable
100
Temitope Mustapha, ‘Inside Ilorin Borstal Home Where Deviant Children Learn Life Lesson The Hard Way’
[2020] International Centre for Investigative Reporting <https://www.icirnigeria,org/inside-ilorin-borstal-home-
wher-deviant-children-learn-life-lesson-the-hard-way/> accessed 28 November 2021
101
102
ibid
103
Child Right Act 2003
104
Francis Moneke Thursday 18, September 2008: https://www.vanguardngr.com/content/view/17255/84/
Accessed 9 February 2022
64
them become more useful to themselves, their families and society at large.105 Borstal
institution law provides for vocational and educational training aimed at the reformation of
juvenile offenders.106 The Borstal Institution and Remand Centre Act specify a maximum of
three years of institutionalization in the Borstal institution, and with a possible additional one
year of aftercare supervision. Unfortunately, the goals of the institution are highly frustrated
by poverty and lack of proper legal and institutional framework.
As society has changed, the system of borstal correctional centres has become outdated
especially since the late 1960s and 1970s, with many borstals being replaced with detention
centres, and as at 1972, we started having community service order sentences. It should
however be noted that the insufficient number of borstal homes in Nigeria is highly incapable
of taking care of the high rate of juvenile delinquency in Nigeria.107
Other Juvenile Justice Institutions are: The Social Welfare Department and The Child Right
Implementation Committee. The Social Welfare is a component of the Social Development
Directorate. The vision is to create a caring and integrated system of Social Services and
capacity building that facilitate human development and promotes individual’s wellbeing.108
The mission of the Social Welfare Department is to ensure the provision of integrated and
quality social services, material and financial support to the poor, vulnerable, needy, and
provision of enabling environment for social progress. 109 The Social Welfare Department is
mandated with the following responsibilities:
a. Coordination of local and interstate social welfare activities
b. Conduct of research and surveys in various aspects of social welfare
105
106
Francis Moneke Thursday 18, September 2008: https://www.vanguardngr.com/content/view/17255/84/
Accessed 9 February 2022
107
108
Ministry of Human Services and Social Development ‘Social Welfare’ [2021]
<https://humanservices.kdsg.gov.ng/social-welfare/> Accessed 12 December 2021
109
ibid
65
c. Training of professional social workers and the organization and coordination of
training facilities for government and non-governmental social welfare agencies.
d. Promote legislation on issues affecting social welfare
e. Relate with social welfare organisations at national and international level
f. Juvenile delinquency prevention and social vices
g. Care and support of all vulnerable groups (sick, poor,
h. Provide probation and counselling services
i. Family conflict resolution management
The social welfare department is involved in investigation, preparation of social inquiry report
and also used to contact the parents of the child offenders.110 The juvenile justice social worker
works with offenders that the law categorizes as a youth. They work with people under the age
of 18 who have committed a criminal offense. The social worker assesses the needs and
situation of each client, plan relevant services and manage their case.111 The Social Welfare
Department is an indispensable institution in juvenile justice administration.
The functions of the Child Right Implementation Committee are provided in section 265 (a)-
(c) of the CRA.112 The committee initiates actions that will ensure the observance of the rights
of the child. The committee is actually an indispensable institution in Juvenile Justice
Administration. This committee is charged with translating child rights principles into actions
and results. Reports to the committee outline the situation of children in the country and explain
the measures taken by the state to realize their rights. In reviewing the States’ report, the
committee looks at how well governments are setting and meeting the standards for the
110
Section 6 CYPA, Section 3 CYPL, Section 149 CRA
111
ZipRecruiter Marketplace Research Team ‘Juvenile Justice Social Worker: What is it and How to become
One?’ [2021] <https://www.ziprecruiter.com/Career/Juvenile-Justice-Social-Worker/What-Is-It-How-To-
Become-One/> accessed 9 December 2021
112
66
realization and protection of children’s rights as outlined in the protocol. Along with the regular
reporting, the committee may request additional information anytime.113
The committee provides implementation strategies and recommendation to aid improvement
for all states. The committee aims at:
a) Making the children visible in policy development processes throughout government
by introducing child impact assessments
b) To ensure that the funds and resources spent on children in various states are effectively
utilized.
c) To ensure that the situation of children in the country are improved regularly.
The Child Right Implementation Committee is the UN body responsible for ensuring children
can enjoy their human rights and live with dignity, respect and equality.114
3.5 COMPARATIVE ANALYSIS OF NIGERIA’S JUVENILE JUSTICE SYSTEM
WITH THE INTERNATIONAL MODEL
Nigeria’s Juvenile Justice System is seriously clogged and challenged with so many factors. Its
administration in Nigeria does not meet the already set international standard. Even, the legal
framework is only evident in writing and not in practice. As laudable as the provisions of the
CRA are, implementation is seriously challenged in Nigeria by many factors. The first factor
is the fact that the Child Rights Act is only applicable to the Federal Capital Territory, Abuja
and only 25 states of the Federation have adopted it, the remaining 11 states have refused to
113
UNICEF ‘Implementing and Monitoring the Convention on the Rights of the Child’ UNICEF/UNO237314/
<https://www.unicef.org/child-rights-convention/implementing-monitoirng/ > accessed 30 December 2021
114
CRIN ‘Committee on the Rights of the Child’ [2018] https://archive.crin.org/en/guides/un-international-
system/committee-rights-child.httml/ > accessed 30 December 2021
67
adopt it on grounds of either culture or religion.115 The Child Rights Act is the principal
legislation for juvenile justice administration in Nigeria and its provisions are solely relied on
the UN standard for juvenile justice. As the utmost legislation for Nigeria’s juvenile justice
system, it ought to be recognized and admitted in all states in Nigeria. Unfortunately, this is
not so. The CRA is not on any legislative list of the constitution, and being a domestication of
international treaties, the CRA cannot be imposed on states by virtue of section 12(3) of the
1999 Constitution,116 which requires that the bill for such laws must have been ratified by all
the states of the federation before becoming a law. The bill for the CRA was not ratified by all
the states of the federation before its enactment.117 Hence, the need to adopt the CRA and enact
similar laws by the States’ Houses of Assembly. The problem of implementation is further
compounded with the fact that even the states that have adopted the CRA are merely paying
lip-service to the provisions of the Act and have not really shown enough political will with
regard to implementation.118
Secondly, the Constitution of the Federal Republic of Nigeria neither made any reference to
the Child Rights Act nor the Family Courts and child rights to participate during court
proceedings. All of these are basic factors that were highlighted by the United Nations. The
Constitution failed to specify the mode of trial of child cases that come before the NIC. This
implies that children will be tried the same way and in the same court with adults which is
highly contradictory to the international model. Based on the principle of the supremacy of the
Constitution over all other Nigerian laws as enshrined in section 1 of the Constitution of
Nigeria, 1999, the provisions of the Child Rights Act and other State Child Rights laws for
115
O.S. Akinwumi ‘Legal Impediments on the Practical Implementation of the Child Rights Act 2003’ [2009]
(37)(3) International Journal of Legal Information; 385-386
116
1999 Constitution of the Federal Republic of Nigeria LFN2004 (as amended)
117
I. Ogunniran, ‘The Child Rights Act Versus Sharia Law in Nigeria: Issues, Challenges & A Way Forward’
[2010] (30)(1) Children Legal Rights Journal; 62-84
118
E. Durojaiye, ‘Children and Adolescents: Access to Reproductive and Sexual Healthcare’ in I. O. Iyioha & I.
R. Nwabueze (eds.), Comparative Health Law and Policy: Critical Perspectives on Nigerian and Global Health
Law (England: Ashgate Publishing Limited 2015); 174
68
Family Courts and for child’s participation in proceedings that affect him or her are invalid.
Attaining child justice in the context of the current international standard as reflected in the
CRA remains a dream in Nigeria with all these impediments.119
It is imperative to note that under the various States’ High Court Rules in Nigeria,120 children
lack the capacity to institute or defend an action except through their guardians or parents who
may not truly represent the children’s interest. This contradicts the provision of section 158 of
the CRA which guarantees the child’s right to express himself and participate in court
proceedings. Indeed, the CRA is only notable on paper and not in practice. Furthermore, reports
have also shown that in some States in Nigeria including the States that have adopted the CRA,
there are no specific buildings designated as juvenile courts or Family Courts, and as such,
child offenders are tried in regular court buildings in those States.121 This is really disheartening
because juvenile proceedings are expected to be confidential, and thus, should take place in a
different court. The fact that in some states, children are tried in regular courts, exposes the
identity of these children which is definitely in contravention with the UN set standard.
The problem of age of criminal responsibility still affects the juvenile justice system. The Child
Rights Act does not specify the age at which a child becomes criminally liable contrary to the
requirement of article 40 (3) of the Child Rights Convention that States’ Parties should fix such
ages. This implies that under the CRA, anyone under 18 years of age has no criminal
responsibility and how will the system be effective when the provisions of the law are in
contravention with the international model.
119
120
For example, Order 2 Rule 3 and Order 13 Rule 9 of the Lagoos State High Court Civil Procedure Rules, 2004
described any person below 18 years as a minor and legally incompetent to institute or defend an action except
through their guardians.
121
United Nations Children’s Fund (UNICEF), (2006). Profiles of Existing Diversion Programmes in Nigeria
(1sted.). Nigeria: UNICEF, (Chapter 1).
69
Lastly, it is essential to highlight the problem of inadequate funding for the building of new
facilities, training of legal counsel and other assessors dealing with children, especially in
human rights based approach to handling juvenile cases.122 This is formed from the lack of
political will by the Nigerian government. The foregoing indicates that the provisions for child
justice administration under the Nigerian legal framework and even its general practice are
prone to several challenges and do not meet up with the international standard.
3.6 CONCLUSION Commented [H24]: Kindly add a conclusion of what

chapter has talked about in a second paragraph
Viewed against the backdrop of the provisions of the Child Rights Act, it is evident that a
legislation that satisfies international standard on the treatment of juvenile offenders is now in
place in Nigeria. However, more efforts need to be taken to ensure the enforcement of its
provisions. The institutions involved in juvenile justice administration also need to be
strengthened and re-structured to meet current trends.
O. Bamgbose, ‘Reevaluating the Juvenile/ Child Justice System in Nigeria’ [2014]

122
<https://wordpress.com/reevaluating-the-juvenile-child-justice-system-in-nigeria>/ accessed 29 October 2021
70
CHAPTER FOUR
CHALLENGES OF NIGERIAN JUVENILE JUSTICE SYSTEM AND DIVERSION

SCHEMES
4.1 INTRODUCTION
This chapter will seek to unfold the setbacks clogging Juvenile Justice Administration in
Nigeria. The previous chapters have been able to elucidate on the practice of juvenile justice
generally. This research has also given a detailed appraisal of the performance of the regulatory
bodies governing child justice administration in Nigeria as well as the effectiveness of the laws
governing juvenile justice administration. Now, this current chapter will concern itself with the
flaws and challenges that Nigeria’s juvenile justice system is faced with.
These challenges are manifest in all the stages of the juvenile justice system, starting from pre-
trial and post-trial stages.1 These problems will be highlighted and assessed against the
provisions of 1999 Constitution of the Federal Republic of Nigeria, Children and Young
Persons Law, Child Rights Act, United Nations Convention on the Rights of the Child and
Beijing Rules among others.
4.2 PROBLEMS OF JUVENILE JUSTICE ADMINISTRATION IN NIGERIA
There are quite a number of flaws clouding the administration of juvenile justice in Nigeria and
these flaws are evident in virtually all stages of Nigeria’s juvenile justice system. This subtitle
will assess these challenges extensively against our legal framework and the international
standard.
1
<https://project.camppromat.com>juvenile-justice-administration-in-nigeria/> accessed 10 December 2021
71
4.2.1 Physical Abuse of Juveniles During Arrest and Detention
It is observed that quite a number of juveniles suffer serious physical abuse by the policemen
during arrest and detention. Some of these policemen are very brutal and cruel. Some of them
see their job as an avenue to maltreat someone and an opportunity to unleash the beast in them.
These juveniles are sometimes beaten, tortured, threatened with imprisonment, all in a bid to
confess to crimes they may not have committed.2 The study conducted by the UNICEF report
shows the inhumane nature of some of the policemen. Juveniles are teenagers who have not
yet reached the age of maturity.3 When they take part in a criminal activity, it becomes a case
of juvenile delinquency and for the same reason, they are held accountable and taken to juvenile
centres and courts for their cases to be dealt properly. These juvenile detention centres are
meant to look after the juveniles when they get arrested for their illegal behaviours. Some are
government-owned while some are private. The private detention centres claim to be offering
better services but report says otherwise.4 Not all of these private centres are fulfilling their
promises as there are cases of sexual abuse, mistreatment and neglect resurfacing regularly.
One of the most famous cases of abuse was reported from Walnut Grove Youth Correctional
Facility where sexual abuse was being committed between juveniles themselves. This act was Commented [H25]: Kindly footnote
totally ignored by the policemen and the guards. It was reported that the guards beat and pepper
sprayed juveniles and also ignored the ongoing gang fights and assaults between the juveniles.
It was reported that some of the guards also had affiliations with the gangs. 5 This is a clear
example of the physical abuse that goes on in the juvenile detention centres. Inferring from the
2
3
UNICEF, Juvenile Justice Administration in Nigeria (a fact sheet) UNICEF, FGN, Abuja
4
ibid
5
Secure Teen, ‘Abusing Juveniles in Detention Centres Pose a Threat to their Survival’ [2017]
<https://www.secureteen.com/juvenile-delinquency/abusing-juveniles-in-detention-centres-pose-a-threat-to
their-survival/> accessed 9 December 2021
72
above example, it is obvious that these abuses also occur between the juveniles themselves and
the police men pay little or no attention. This case is just one example out of thousands of other
cases where same abuse, neglect and misconduct takes place across various detention centres.
The cases of the inadequacy of proper treatment were all common place happenings at private
juvenile detention centres.6
These cases can however be curbed in various ways such as; the establishment of private
prisons and the formation of a royal commission that will investigate the private juvenile
centres regularly, ex cetera. Countries like Belgium, have adequate private prisons in numerous
numbers for juvenile offenders. Their Royal Commission is very solid and well equipped to
look into cases of juvenile delinquency. There is hardly a situation where child offenders are Commented [H26]: Footnote please
kept in the same prison with adult offenders.
4.2.2 The Problem of Age of Criminal Responsibility7
It is not every juvenile who commits an offence that is liable to punishment under the law. The
Criminal Code Act and the Penal Code Law establish that a child under the age of seven years
does not have criminal responsibility. These substantive criminal laws also provide that from
7-12 years, a child can only be responsible if it can be proved that he or she had the capacity to
know that the act or omission should not have been carried out. Both the Criminal Code and
the Penal Code Laws provide that above the age of 12, the person is deemed to be fully
responsible for the act or omission. Of great importance is the provision of the Constitution of
the Federal Republic of Nigeria. Though, the Constitution did not specifically set the age of
criminal responsibility, it nevertheless, excluded persons who have not attained the age of
eighteen years who are charged with a criminal offence.
6
Secure Teen, ‘Abusing Juveniles in Detention Centres Pose a Threat to their Survival’ [2017]
<https://www.secureteen.com/juvenile-delinquency/abusing-juveniles-in-detention-centres-pose a-threat-to-
their-survival/> accessed 9 December 2021
7
Alfred Abhulimhen-Iyoha and Monday Oseghale, ‘Juvenile Justice Administration in Nigeria and Contemporary
73
Under the Islamic or Sharia law, the age of criminal responsibility is either taken to be eighteen
years or tied to puberty. In some sharia jurisdictions, the age of criminal responsibility is tied
to the age of puberty.8 However, in terms of application, the nature of the offence, the sex of
the juvenile, determines the age of criminal liability. In conclusion, with the enactment of Child
Rights Act, and its subsequent adoption in some States of the Federation9 as well as the
provisions of the Constitution,10 the issue of the age of criminal responsibility for juveniles
appears settled.
4.2.3 Inadequate Number of Juvenile Justice Officials
In Nigeria, we lack a good number of judicial personnel who are well skilled and of good
integrity. Rampantly, there are various cases of corruption, nepotism and bottleneck practices
in juvenile institutions. What we definitely need is a sovereign state free of corruption and one
filled with men of integrity to move the nation forward. The police are understaffed and under
resourced to carry out their judicial functions. Even the number of magistrates who are really
dedicated and of good morals, are very few in our nation. Nigeria also lacks in the number of
police personnel as we don’t have adequate number of them. The policemen are understaffed
and they also lack sufficient resources to carry out their responsibilities. 11 There are limited
numbers of social welfare officers, policemen, magistrates12 etc. Compared to the juvenile
justice system in Belgium, ours is clearly underdeveloped. Not only are there sufficient number
of juvenile officials in their jurisdiction, they are also well trained.
8
9
It is important to note that the provisions of the Child Rights Law of some states put the age of criminal
10
S.36 (4) (a) CFRN, 19991
11
12
ibid
74
4.2.4 Lack of Requisite Training for Police, Judicial Officials, Social Welfare Workers
and Prison Officials
Many policemen have low level education, even rank-and-file police. A few of them have
received training in human rights and even fewer in the rights of the child. Not all policemen
are educated as they should be. Some of them probably got their employment through
corruption and connection. Even the prison officials lack skills on how to train child offenders. Commented [H27]: Footnote please. This sentence is
sweeping and assuming. Assumptions do not have a place in
academic writing.
Some of them even abuse the juveniles. Some of the juvenile justice officials are partially
trained and skilled or not trained at all. Some of them do not even know the scope of their
responsibilities.
Not only are the police personnel inadequate in number, more than half of them are not literate. Commented [H28]: Footnote please
Only a few of them have received a training in Human Rights and some, a training in the Rights
of the Child. Some of these policemen just have Primary School Leaving Certificate with no
other secondary or university degree. With a little or no knowledge of human right, you will
definitely be unfit to advocate for those rights. Unfortunately, this is the practice in Nigeria.
Uneducated policemen are employed wrongly and not based on merit. They are, therefore,
unable to perform their functions effectively. In the same vein, though some judicial officers
may have the requisite certificate, they lack the experience and skills in child related matters.
Some magistrates who majorly handle juvenile cases lack the requisite skill needed in juvenile
justice matters. The magistrates who handle the bulk of the work either lack the experience or
are just not diligent in performing their duties. They often lack specialized skills in juvenile
justice matters. Some of them who claim to know what they are doing, do not have an idea
what they are doing. A judicial officer should be one of proven competence, integrity, probity
and independence. They hold office until the age of 70 or if they become incapacitated. 13
13
Elisabeth Duban and Ivana Radacic, ‘Training Manual for Judges and Prosecutors on Ensuring Women’s
Access to Justice’ [2017] <https://www.rm.coe.int/training-manual-women-access-to-justice/16808d78c5/ >
accessed 27 December 2021
75
However, in some cases in Nigeria, the judicial officers lack competence and capacity but are
employed nevertheless.
It should also be noted that not all child justice administrator, social welfare workers and
probation workers are equipped with the prerequisite skill needed to handle child right matters.
A majority of the officials involved in the administration of juvenile justice in the country are
not aware of the global indicators and the universal standard and principles embodied in the
international instruments.14 Unavailability of facilities is also another hitch in Nigeria’s
juvenile justice system. This writer concludes by saying that it is very important for juvenile
justice officials to be equipped with the requisite skill and experiences needed as it is in line
with the provisions of the domestic and international legal framework.
4.2.5 Non-establishment of Juvenile or Family Courts
As earlier mentioned, juveniles are tried in juvenile courts or family courts. These courts are
presided by magistrates and the proceedings are usually done in private for the protection of
the juvenile offender. Quite unfortunate, most states in Nigeria either lack juvenile courts or
they are not permanently constituted. This is not the case in countries like Belgium or even
Ireland where there is a solid Children’s Court based in its capital city, Dublin. Ireland and
Finland takes a theoretically enlightened approach to juvenile penology and have a better
juvenile justice system.15 The tradition basically in some states is that designated magistrate
courts exercised jurisdiction to hear juvenile matters adhoc.16 In some states, the child related
laws are already put in place but there are no juvenile institutions, neither are there courts
judicially constituted to determine child related issues. This implies that the juvenile offenders
14
15
Orla Ni Mhuirneachain, ‘The Young Offenders; A Comparison of the Criminal Justice System for Juveniles
under Finnish and Irish Law’ [2020] <https://lawreview.elsa.org/the-young-offenders-a-comparison-of-the-
criminal-justice-system-for-juveniles-under-finnish-and-irish-law> accessed 12 February 2022
16
76
are usually tried in adult courts with the formal judicial procedure for adults being followed.
These juveniles are treated as adults and the proceedings are being done publicly. The
magistrates would possibly give them a punishment that is weightier than they can carry. Some
of the magistrates do not even consider the fact that the juveniles are still young, neither do
they consider the main purpose of juvenile justice administration which is reformation.
Sometimes, even the parents of the juveniles are not informed of the crime the child committed
before the child is being taken to court.
This writer will conclude by saying that it is important that juvenile courts are established in
every state in Nigeria with competent magistrates presiding over juvenile matters. It is highly
prohibited by the CRA 200317 for juvenile offenders to be tried in open courts like adults and
given inhumane punishments.
4.2.6 Lack of Facilities for Detention of Child Offenders 18
Asides, from the problem of lack of courts and trained judicial personnel. Nigeria’s juvenile
justice administration is faced with the problem of inadequate facilities for detention of juvenile
offenders. While some states lack juvenile homes and detention centres for the juveniles, the
ones that have are not adequately suited for the juvenile offenders. This is because the facilities
are dilapidated and not conducive for the juvenile offenders, or there are no facilities at all. Commented [H29]: Footnote
There are juvenile homes and detention centres that lack basic necessities of life such as access
to food and water sources. In most states where detention centres exist, the homes are usually
in a deplorable state as there are no facilities for carrying out rehabilitation or reformation on
the juvenile offender.19 These children are most times neglected and left to go through
17
18
Godswill James, ‘Assessment of the Administration and Practice of Juvenile Justice System in Abuja, Nigeria
19
77
inhumane punishments instead of being rehabilitated. In some states like Kogi state, there are
no child friendly detention centres.20 Sometimes, the juveniles are even kept in adult prison
cells instead of rehabilitation centres and are given harsh punishments. These juveniles are
given an older age by the policemen and are presented as adults in order to justify the detention
of the children in adult prisons.21 Traditionally, these prison cells still lack basic facilities. This
is highly in contravention with the Child Rights Act and other child related laws which greatly
advocates for child-friendly detention centres. Report shows that Belgium has one of the best
juvenile justice system with good working detention centres that do not lack facilities. Nigeria
should imitate such countries. Ireland also has a standardized detention centre which houses
up to 132 young offenders22.
The juveniles who are locked up with adult prisoners in crowded cells are abused physically
and sexually in the adult prisons by the adult inmates. Some of the prison cells do not even
have good toilet systems and good beds to rest. These children are being exposed to bad living Commented [H30]: Footnote please
conditions thereby causing them to fall sick. Children should be treated with care because of
their fragility state and so, even when found guilty of a crime, they should be reformed and
rehabilitated rather than being treated as slaves.
4.2.7 Inadequate Funds
Nigeria is not a poor country but there is always a problem of monetary backwardness when it Commented [H31]: We are not? Please do adequate
research lol
comes to social issues in the country. Finance is very important for economic and social
engineering in the country. Its importance cannot be overemphasized especially in relation to
Juvenile Justice Administration. Unfortunately, inadequate funding is a clog that obstructs the
20
21
ibid
22
Orla Ni Mhuirneachain, ‘The Young Offenders; A Comparison of the Criminal Justice System for Juveniles
under Finnish and Irish Law’ [2020] <https://lawreview.elsa.org/the-young-offenders-a-comparison-of-the-
criminal-justice-system-for-juveniles-under-finnish-and-irish-law> accessed 12 February 2022
78
efficiency of our justice system. The juvenile institutions and officials lack adequate funds to
take care of the children properly. Due to this inadequate funds, the detention centres are in
deplorable states and the children offenders find it hard to even feed well. Lack of funds won’t
even allow for access to good health systems because there isn’t enough money to even erect
good hospitals. In prisons, the doors, windows, furniture are even dilapidated giving access to
mosquito and other harmful insects. The juvenile offenders basically lack the necessities of life
because of lack of funds. Commented [H32]: Please footnote
Sometimes, the government do not pay the juvenile officials adequately. The government Commented [H33]: Please footnote. Refrain from making
fleeting statements like these.
might not even pay the police officers and magistrates for months. This non-payment adds to
the reason for bribery and corruption on the part of the judicial officials. The juvenile justice
machineries are not properly funded due to various reasons. There is a general perception that Commented [H34]: Reasons like? Expatiate and footnote
please.
administration of criminal system is all embracing and the agencies are the same. Therefore,
no specific funding is made for these institutions. The budgetary provisions by the Ministry of
Women Affairs and Social Development for the Social Welfare Department is hardly released.
All of these is because the juvenile justice institutions are not seen distinctively.23 There is even
the tendency at the state level to confuse the juvenile criminal justice system with the activities
of the social welfare department in the Ministry of Women Affairs and Social Development.
Generally, as a result of inadequate funds, juvenile courts are not completely and fully equipped
like the law prescribes them to be24. The juvenile justice institutions are also of very poor
standard and this is in contravention with the international model. Consequently, this leads to
failure to achieve the objectives of the juvenile justice system.
23
24
ibid
79
4.2.8 Non-recourse to Alternative Measures
Another setback of Nigeria’s juvenile justice system is evident in their failure to resort to
alternative means of settling juvenile matters and their failure to enforce diversion schemes
sometimes, as opposed to our regular prison system and remand homes. Asides from the normal Commented [H35]: Kindly footnote
remand homes and borstal centres, other alternatives measures can be enforced on the juvenile.
This will be more cost effective and child friendly.
The law totally empowers a juvenile judge to deal with juvenile matters but this can be done in
several ways as it is not just limited to confining the juvenile offenders to remand homes. The
CYPA/CYPL provides options like dismissing the charge, discharging the offender if he enters
into a recognizance, probation, committing the offender to the care of a relative or other fit
person, ordering for the offender to be whipped, sending the offender by means of a corrective
order to an approved institution, fine payment or payment of security by the parents of the
juvenile offender25 and various other alternative measures. Sometimes, this is what is needed
for the juveniles. Streamlining our criminal justice system to just imprisonment and remand
homes confinement (in the case of juveniles) is not exactly good as the law makes provision
for various options. The non-recourse to the alternative measures explains why there are so
many children under custodial sentence. Other countries like Finland, Belgium, Spain have
adopted alternative measures to juvenile justice administration rather than just detention.
Finland and Ireland also emphasize on measures like community service.
4.2.9 Lack of Legal Representation
Just the way adult prisoners are sometimes denied access to legal practitioners, the same occurs
with juvenile offenders sometimes. The mere absence of a legal representative for the juvenile
from the time of arrest, through to trial and finally, sentence is a great obstacle to the efficiency
25
Section 15 CYPA and Section 9 CYPL
80
of juvenile justice system. Every alleged offender deserves a right to a legal representative and
a right to be heard. There is no special legislation to make provision for the extension of legal
aid to juveniles. This simply presupposes that a ‘juvenile offender must therefore, fall back on
the general provisions in the law which makes legal aid available to persons earning less than
#1,500.00 per annum, in respect of narrow range of criminal offences. 26
Legal aid is going to be of great help in providing legal representatives for juvenile offenders
as it is very important the alleged offenders have legal practitioners. The Children’s rights in
Nigeria will be protected properly if the alleged juvenile offenders are giving free legal aid, as
part of their entitlement despite the gravity of the offence.27 Unfortunately, the laudable goals
of the juvenile justice system are not realized due to lack of proper policy, legal and
institutional framework for juvenile offenders’ correction and juvenile delinquency prevention,
as young offenders are subjected to inhumane treatment that tend to have more negative effect
on their transformation, against the intended purpose. For instance, the juveniles are not
incarcerated in regular prisons, but are kept together with adult prisoners.
Consequently, they suffer like adult prisoners from poor feeding, deprivation of medical care
etc. In line with the social learning and differential theory, because the young police share the
same police and prisons as the adult offenders, they are forced to interact with those adult
prisons. This leads to making the child offenders more hardened. Owing to the above, efforts
to reduce juvenile delinquency in Nigeria should be done towards a carefully planned social
welfare for the juveniles.28 Children in Belgium are known to be the ones with the greatest
access to justice according to the CRIN study. Children in conflict with the law are always
entitled to legal aid and as such, they do not have to pay for lawyers. Countries like Portugal
26
Schedule 2, Legal Aid Act, Cap 19 Laws of Federation of Nigeria,2004
27
28
Godswill James ‘Assessment of the Administration and Practice of Juvenile Justice System in Abuja, Nigeria’
81
and Spain, are also good in granting access to justice to juvenile offenders. Each minor in
Belgium automatically qualifies for free legal assistance.29
4.2.10 Listing of Children as Adults to Justify Detention in Regular Prisons
The population of children in remand homes and borstal institutions is not a true reflection of
the rate of offending by children and young persons. Despite denial by prison authorities that
they detain children in prisons, there are still evidences of such anti-human rights practices. In
some prisons, there are persons who are clearly infants awaiting trial inmates but listed as
adults. Majority of children in contravention with the law are held together with adults in
regular prisons. As the children advance in age behind bars, their association with adult
criminals invariably expose them to the danger of aggravated criminal recidivism.30 It is wrong
to detain children in regular prisons with adults but that is the case in most prisons in Nigeria.
Due to the lack of remand homes, borstal institutions and quality juvenile homes in Nigeria,
children are compelled to stay in adult prisons with adults, pending their trial.
Reports from the research conducted in Abuja, Rivers state, Lagos and Kano show that the
population of children purported to be in remand homes is clearly false as some infants are
kept in regular prisons with adults. These children are forced to adapt to poor living conditions
and are faced with harsh punishments. They make friends with adult criminals, some of which
are recidivists. This writer will conclude by saying that more remand homes, borstal centres,
rehabilitation centres, training homes need to be properly established to ensure that juvenile
offenders are properly taken care of and reformed.
29
Focus on Belgium ‘Belgium for Children Access to Court’
[2020]<https://focusonbelgium.be/en/international/belgiumm-ndeg-1-childrens-access-court/> accessed 12
February 2022
30
82
4.2.11 Denial of Occurrence of Death of Children in Custody
In some situations, juveniles die in the course of their detention or while they are in the
rehabilitation centres. While some juvenile officials report these death occurrences, some do
not. Instead, they deny it or even hide it from the parents of the deceased juvenile. When a
juvenile in custody dies, the right thing is to report the case and also notify the parents of the
child instead of covering the event. The juvenile homes in question have to take responsibility
for their actions instead of denying it to protect their names. Some of these children die as a
result of poor feeding, bad living conditions, unclean water, unfavourable weather conditions
and even from the harsh punishments inflicted on them. Commented [H36]: Please footnote. All these ideas are
good but they need scholarly work to back it up.
Children will not die easily if they are hospitalized at the first stage of the sickness. Research
shows that in a certain location, from the year, 2005 till 2008, there were six deaths in the
juvenile home. The last death occurred on the 28th of July 2008 when a young boy died of Commented [H37]: What research? Kindly footnote.
tuberculosis. There were still three children suffering from tuberculosis in the home. It was
also observed that most of the children in the home had skin infection and their bodies were
scaled and with sores. Some of these sores were even open wound.31
4.3 CONCLUSION Commented [H38]: Kindly add a conclusion of what

chapter has talked about in a second paragraph
Having noted the above challenges frustrating our juvenile justice system, it will be only right
if we make amends and look for better ways to reposition the system. We can’t let the loopholes
that accompanied the British Criminal Justice System have an effect on ours if we want our
criminal justice system to move forward. We can jointly work towards equipping the
rehabilitation centres, remand homes, borstal homes and other juvenile justice institutions.
Some of the juvenile officials are also not so trained and vast in the juvenile justice laws. We
31
83
need more trained personnel. The Government will also need to provide adequate funds for the
smooth running of the system.
84
CHAPTER FIVE
SUMMARY, RECOMMENDATIONS AND CONCLUSION
5.1 INTRODUCTION
This chapter will give a general conclusion to all preceding chapters. It will also highlight the
research observations and key findings made during the course of the research. Furthermore,
this chapter will offer recommendations and suggestions that will aid in the transformation and
repositioning of the juvenile justice system in Nigeria in order for it to achieve its set goals and
objectives.
5.2 SUMMARY OF FINDINGS
This research has successfully examined Nigeria’s juvenile justice system and the setbacks
limiting it from achieving its set goals and objectives. Chapter one introduced the research
work to the readers, proscribing the background of study, statement of problem, aims and
objectives of the study, the research methodology, scope of the study and literature review.
Chapter one sets the tone for the discussion of the research topic, highlighting the fact that
juvenile justice administration in Nigeria is a product of colonial legislation and enforced by
oppressive penal institutions that are of colonial origin. The chapter traced the foundation of
Nigeria’s commitment to issues affecting the rights of children to the enactment of the Children
and Young Persons Act 1943 and its subsequent enactment in other states in Nigeria. The Child
Rights Act 2003 was passed to effect and cover the loopholes of the Children and Young
Persons Act 1943. The chapter finds that in practice, children in conflict with the law are not
treated in a way that protect their sense of dignity. The juvenile justice institutions are not even
well equipped to aid in the effective administration of Nigeria’s juvenile justice system. The
juvenile justice machinery lacks in so many aspects, like in terms of infrastructure, skills,
personnel and training to handle child offenders. The absence of the foregoing will definitely
85
deter the process of reintegrating the child offenders into the society and will hinder the system
from realizing its goals and objectives.
The legal and institutional weakness of the system makes the aptness of the research objectives
imperative. Some of the aims and objectives of the study includes the examination of child
specific legislations as well as a critical assessment of the agencies and machineries responsible
for juvenile justice administration in Nigeria.
Chapter two focused on conceptual clarification of terms such as, who is a juvenile, the concept
of justice, the concept of juvenile justice administration, the concept of juvenile delinquency,
the concept of juvenile justice institutions and extensively discussed the stages of juvenile
justice administration in Nigeria. It was found that in all stages of juvenile justice
administration, the responsible institutions are always least prepared. The chapter highlights
the setbacks and loopholes of the provisions of the Child Rights Act as well as the Children
and Young Persons Act in the face of the many problems associated with the juvenile justice
system in Nigeria. Some of these problems includes; physical abuse of juveniles in detention,
lack of training of juvenile officials, inadequate number of personnel, inadequate infrastructure
and funding as well as lack of legal representation.1
Thirdly, chapter three considered sets of domestic laws and international instruments on
juvenile justice. These international instruments set a standard for other laws to follow to aid
in the repositioning of the juvenile justice system. The domestic laws considered are the
1
https://project.camppromat.com>juvenile-justice-administration-in-nigeria/> accessed 11 February 2022
86
Constitution, the Children and Young Persons Law, the Children and Young Persons Act
19482, the Child Rights Act 20033, the Criminal Code, the Penal Code and so many others. The
Child Rights Act cured the defects of the provisions of the Children and Young Persons Law
and made sure Nigeria’s juvenile justice system was in line with the international model. The
provisions of the Child Rights Act is in pari-materia with the provisions of the United Nations
Convention on the Rights of the Child4, African Union Charter on the Rights and Welfare of
the Child, United Nations Standard Minimum Rules for the administration of Juvenile Justice 5
and other international instruments arrived at a humane treatment for juveniles offenders.
These international instruments were also considered broadly in this chapter.
Furthermore, this chapter also considered the machineries and agencies set up for the smooth
running of the system. It was found that these institutions need to reformed, repositioned and
enhanced as they lack in various aspects. Their operations are retarded by factors such as
inadequate funds, inadequate infrastructures, lack of trained personnel, and the likes. It was
found that the institutions are not even completely found in all states as there are so many states
which lack vital institutions such as borstal centres and remand homes.
Chapter four focuses more on the challenges inherent in our juvenile system and in our criminal
justice system as a whole. Not only is the system underdeveloped, it is also not in line with the
international standard. There are various factors affecting our juvenile justice system and these
factors need to be mitigated or at most, curbed. Nigeria should learn from countries like
Belgium, Finland, Spain, Canada and even Ireland (to mention a few) on ways to develop our
juvenile justice system.
2
CYPA 1948
3
CRA 2003
4
5
87
Inadequate funding is one of the setbacks of the system. Without money, the officials cannot
carry out their functions effectively. They clearly need funds to purchase some infrastructures
for the detention centres, rehabilitation homes, remand homes and for other institutions as well.
We need centres that are well equipped with sophisticated infrastructures in order for the goals
and objectives of the institutions. Physical abuse of these juveniles is another factor clogging
the juvenile justice system. In some states, these juveniles are kept together with adults in
prisons. They suffer serious abuse and are exposed to harsh punishments. When these juveniles
are exposed to adult inmates, they tend to associate with them and consequently learn to be
hardened criminals. This leads to increase in recidivism rate.
Another factor talked about in chapter four is the problem of inexperienced and untrained
juvenile officials. We need officials that are experts in training children offenders. We also
need officials that are vast, aware and educated on laws on juvenile justice. This is to ensure
that they act in line with the provisions of the law. It was also found that Nigeria is challenged
with the problem of lack of legal representative for children. Unlike countries like Belgium,
where children offenders are automatically entitled to legal aid, unfortunately, that’s not the
case in Nigeria as children still have to pay to get lawyers. These problems need to be averted.
From the research, it was found that Nigeria still has to adapt from other foreign countries as
it seems like the demerits of the system are trying to outweigh the merits.
5.3 OBSERVATIONS AND FINDINGS
In the foregoing chapters and in the course of the research, the following observations and
findings were noted:
a. Notwithstanding, the existence of various laws such as the Constitution of the FRN
1999, the Children and Young Persons Act, 1948, the Child Rights Act 2003 as child-
specific laws in Nigeria vis-à-vis their provisions on juvenile justice administration, the
88
juvenile offender in Nigeria is yet to be guaranteed the full benefit of humane treatment
by juvenile justice handlers. This is very obvious from the way they are being treated
during arrest, detention, trial, post-trial, bail and in all stages of the juvenile justice
administration6.
b. Following from the research, it was observed that the provisions of the Child Rights
Act 2003 is in line with the international model stipulated by the international
instruments on juvenile justice administration. These international instruments include,
United Nations Convention on the Rights of the Child, African Union Charter on the
Rights and Welfare of the Child7, United Nations Standard Minimum Rules on the
Administration of Juvenile Justice 19858 ex cetera.
c. In many states of the federation, there are no remand homes, adequate rehabilitation
centres and juvenile justice institutions resulting in child offenders being detained in
prison with adult offenders. This is in contravention with the international model. 9
d. An assessment of the Nigerian Police, the Courts, Prisons, Remand homes, Borstal
centres and other institutions disclosed the structural and operational quagmire facing
these institutions in the performance of their statutory functions. These institutions are
lacking in basic facilities10.
e. Some of the juvenile justice officials lack in basic training and requisite knowledge to
enable them effectively enforce the provisions of the law, seeking to protect the rights
of the child in conflict with the law.
6
7
8
9
10
https://project.camppromat.com>juvenile-justice-administration-in-nigeria/> accessed 14 February 2022
89
f. The family unit and Social Welfare Department of Ministry of Women Affairs are key
agencies in juvenile justice administration but they are not given adequate recognition
by the government like they are supposed to. This can be due to a misunderstanding of
the roles of the institutions.
g. Some key institutions in the implementation of the Child Rights Law are, the Child
Rights Implementation Committee, it has been inaugurated at the state level, but not
yet established at the local government level. Family courts are yet to be established
either at the Magistrate or High court levels. There are no remand homes or approved
institutions in the state. The State Juvenile Welfare Centre of the Nigerian Police, as it
were only exist in name as it lacks basic facilities and manpower11.
5.4 RECOMMENDATIONS
The administration of criminal justice for adults in Nigeria is already terrible, with insufficient
facilities, overcrowded prisons; long time spent awaiting trial and gross setbacks.
The fact that juveniles are somehow incorporated into this system that is inhumane even for
the adults is unacceptable. While Nigeria’s legal instruments recognize the existence of
juveniles within the framework of criminal justice, provisions have not been made to deliver
on these laws leaving child offenders lost in a repressive highly punitive system that offers no
rehabilitation12. The Child Rights Act of 200313 is a valuable piece of legislation that is a great
improvement from the previous repressive laws. The Child Rights Act meets the international
standard for the punishments prescribed for juvenile offenders. The CRA focuses on
rehabilitation of juvenile offenders14. However, despite the provisions of the Child Rights Act,
11
ibid
12
B.O. Ajah and C.O. Ugwuoke, ‘Juvenile Justice Administration and Child Prisoners in Nigeria’ [2018] (13)
(2) International Journal of Criminal Justice Sciences; 444
13
CRA 2003
14
ibid
90
there has been no full implementation of the law as marked separate institutions do not exist
for proper administration of the system. The following has been recommended for the proper
repositioning of Nigeria’s juvenile justice system.
A. Perception and Philosophy Change:
The existing perception of juvenile justice in Nigeria views juvenile offenders as objects
of control and punishment through institutionalization of remand homes, borstal
institutions and approved schools. There is still the general neglect and tendency to treat
juvenile issues as merely a case of social welfare. It is very important for the Nigeria
government to strive to make sure that the philosophy of juvenile justice is benched on
the provisions for social and economic welfare of the child and the prevention of juvenile
delinquency instead of the current perception of punishment and institutionalization of
juvenile delinquents. This can be done through creation of awareness and public
enlightenment15.
B. Legal Reforms:
The Child Rights Act should be adopted and implemented in all states in Nigeria. By
international standard, the provisions of the Child Rights Act complied with the
UNCRC, AUCRWC, Beijing Rules and Riyadh Guidelines16. The punishment-oriented
Children and Young Persons Law should be replaced by the rehabilitation-oriented
justice system17. Also, the provisions of the CYPA/CYPL on flogging, whipping and
detention of children for a long period should be amended. There is also a need for
enlightenment of activities aimed at promoting a better understanding of the provisions
of the Child Rights Act and the reason behind them. On the issue of prohibition of forced
15
Z.W. Wahab, ‘Juvenile Justice Administration in Nigeria: A Case Study of Kogi State’
[2012]<https://project.camppromat.com>juvenile-justice-administration-in-nigeria/> accessed 14 February 2022
16
ibid
17
91
marriage of girls, there is need for impressive media campaign aimed at sensitizing the
general public on the adverse health effects of early marriage18. This can be done through
public enlightenment by civil society groups and government agencies in conjunction
with the implementation committees set up by the Act19. In essence, there is need for
reform of certain provisions of the law as some of these provisions do not correspond
with international instruments. The age of criminal responsibility should also be
specifically fixed by the relevant international instruments while the Child Rights Act
incorporates same as it is provided under the Lagos State Criminal Code20.
C. Improved Dissemination & Enlightenment of the CRA/CRL, CRC and the Riyadh
Guidelines:
The various Ministries of Social Development should make sure that the principles in
the CRC and Riyadh Guidelines are properly disseminated. Any prospective child justice
worker must be adequately educated about all the applicable international instruments.
Since most law faculties and the Nigerian Law School do not teach child rights, any
lawyer or magistrate to be engaged in any child justice case must be well informed and
educated about the rights of a child21. The public also needs to be enlightened about the
provisions of the Child Rights Act 2003 as well as the provisions of the international
instruments on juvenile justice administration22.
D. Value Re-orientation of Youths:
Orientation programs, educational and enlightenment campaigns for the youths is
another way to improve our juvenile justice system. Government and civil society
18
ibid
19
G.A. Arowolo, ‘An appraisal of the Legal Framework for Child Justice Administration in Nigeria’ [2018]
(6)(1) Journal of Law and Criminal Justice; 94
20
ibid
21
22
92
groups should embark on educational and enlightenment campaigns and other activities
that aim at improving the values of the youths, their personality, their talents, mental and
physical abilities to the fullest. Seminars can also be held, one that will teach morals and
enlighten the youths about the do’s and don’t of the society. These orientation programs
should be designed to shape and remold the youth. This will consequently reduce the
number of juvenile offenders in the society23.
E. Need for Comprehensive Multi-Sector Perspective Plan:
It is the duty of the government to come up with a multi-sector plan for the prevention
of child and youth crime. The plan should be aimed at mobilizing all stakeholders
towards the prevention of delinquency. The plan should have the following objectives:
 Increase collaboration between local, state and federal authorities
 Promote inter-sector collaboration between various authorities and services such
as schools, police, social welfare, health services, youth psychiatry,
entertainment organizations, and film makers.
The plan should also involve inter-ministerial collaboration under the Ministry of Justice
of Justice and Ministry of Youth and Social Development24. The plan should basically
be designed to take care of the youths and come up with strategies on how to improve
the wellbeing of the youths instead of driving them to commit crimes in a bid to survive
in the society. The Government should partner with parent and non-governmental
institutions to reduce the rate of juvenile crime. The Government can reduce frustration
(which contributes to juvenile delinquency) by ensuring that opportunities exist for
employment, security and development in an effort to reduce juvenile crime as there
would be little motivation for the juveniles to commit crime25.
23
24
ibid
25
93
F. Removal of all Children from Detention Places:
All juvenile offenders in prison and other detention places should be removed from there
and taken to a more conducive environment to be provided by the government. Such
children should be treated in accordance with the provisions of the Child Rights Act and
Child Rights Law as may be appropriate. Under section 248 of the Child Rights Act, the
Minister is obliged to establish approved children institutions in different parts of the
country such as Children Attendance Centre, Children Centre, Children Residential
Centre, Children Correctional Centre, Special Children Correctional Centre and such
other institutions as the Minister may, from time to time establish 26. The functions of
each of these institutions are defined in section 250 of the Child Rights Act. These
juvenile institutions should be very conducive for the child offenders. They should be
treated well and should live as a family in the approved institutions. The children should
not be compelled to wear uniforms but should be allowed to wear their normal clothes
gotten by their parents.
G. Establishment of Family Courts:
Family courts should be established to handle cases on juvenile delinquency in line with
the provisions of the international instruments and the Child Rights Act 2003. The family
courts and the magistrates should be informed of their functions from the beginning, and
not just as lawyers but as social workers too. Under section 151 (3) (b) CRA 2003, the
court must be guided by the principle of conciliation of parties at all stages of the
proceeding with the aim of providing an amicable resolution27.
H. Entrenchment of Family Courts in the Constitution of the Federal Republic of
Nigeria, 1999:
26
ibid
27
ibid
94
The jurisdiction of the National Industrial Court over child related matters should be
expunged from the constitution of the Federal Republic of Nigeria 1999 and replaced
with the Family Court established by the Child Rights Act. Child Rights should also be
incorporated into the Exclusive Legislative List of the Constitution.
I. Periodic Nationwide Audit of Juvenile Facilities and Progress Performance Rating:
A periodic audit and review of the facilities in the juvenile institutions will also help in
the improvement of the institutions. The review can be carried out annually or bi-
annually to ascertain the progress in the improvement of the juvenile facilities and the
implementation of child rights. States performance in this regard should be rated and
those who show evidence of progress in meeting the benchmarks should be lionized and
celebrated. Certificates of performance as well as trophies should be set apart for this
purpose and the event widely publicized. This would be a good project for civil society
organizations and so many other voluntary bodies with national focus28. Detention
centres should be adequately funded and provided with facilities to cater for nutritional
needs, healthcare, recreation, sanitation as well as educational and vocational training
for juvenile inmates29.
J. Overhaul of Existing Juvenile Institutions and Establishment of More Juvenile
Institutions:
Remand centres, borstal institutions, rehabilitation centres, approved schools, and other
juvenile institutions in Nigeria should be refined in order to meet up with the standard
of the international instruments. They should be upgraded to the level recommended by
the international instruments such as the Beijing Rules, Riyadh Guidelines, UN Rules
for the Protection of Juveniles Deprived of their Liberty30 ex cetera. These international
28
29
30
95
instruments already have a set standard and model to which every juvenile justice system
must correspond with, therefore the juvenile homes must meet up with such standard.
They could then be integrated into the institutions established by the Child Rights Act
for the implementation of that law31. In some states, we have more of remand homes and
less of borstal centres and approved schools. It is therefore necessary for more approved
schools, juvenile courts and borstal centres to be established32.
K. Capacity-Building and Training of Juvenile Officials:
It is very necessary for the juvenile officials to be trained and well informed. The Corps
must be well-experienced and skilled. It is therefore the duty of the government to ensure
this. Capacity-building programs and seminars can be organized for the officials
including the police unit. They can undergo certain training to equip them with the
necessary skills needed to take care of the juvenile offenders. The training and capacity-
building programs should be aimed at grooming well motivated corps and child-justice
administrators who will enforce the child-specific legislations efficiently33. A juvenile
justice administrator who isn’t well experienced on how to take care of juveniles should
not be allowed to handle such roles. Children are known for vulnerability and as such
should be handled with care with the aim of reforming, rehabilitating and re-integrating
them. The government should ensure the juvenile institutions are staffed with men of
requisite training to meet modern demands and dynamics in the treatment of child
offenders.
L. Greater Emphasis on Family Based Juvenile Welfare:
The family background contributes greatly to the attitude of the child and can be a great
influence to a child’s delinquent behaviour. It is therefore important to emphasize the
31
32
Abdul-Mumin ‘Juvenile Justice in Nigeria’ [2008] (73)(73) The Nigerian Journal of Sociology and
Anthropology; 82
33
ibid
96
role of the family in preventing juvenile delinquency and facilitating the rehabilitation
of children leaving the detention centre. Family-based juvenile welfare should be
preferred to judicial interventionist method. The family is a strong unit and it strongly
reforms and remold the child. For instance, a child from a broken home hardly gets
attention and care from his or her parents and is therefore vulnerable to peer pressure
which can consequently lead to delinquent behaviour. The child is actually best reformed
at home and his welfare better taken care of at home34. Government should put in place
policies and programs that will enable families to realize their roles and responsibilities
to the child and society35.
M. Diversion Schemes:
Diversion is defined as the use of voluntary alternative measures to the criminal justice
system36. There are other alternatives to detention of juvenile offenders. The child
offenders do not necessarily have to be punished by detention. The government should
resort to diversion schemes provided for in the law rather than institutionalization and
retributive criminal justice. Diversion can occur in two stages; pre-trial stage and trial
stage. During the pre-trial stage, it involves programs and practices through which young
people are diverted from arrest or detention37. Section 209 of the Child Rights Act38
provides for the use of diversion schemes at the pre-trial stage. Diversion schemes at this
stage incudes supervision, guidance, restitution, compensation to victims and even
encouraging the parties involved to settle amicably. Diversion schemes can also occur
at the trial stage when the prosecutor decides to withdraw the charge or even when the
34
35
36
UNICEF ‘Juvenile Justice Administration in Nigeria’ A course manual Op. Cit Pp.52
37
38
CRA 2003
97
magistrate decides to impose an order rather than imprisonment39. The trial stage
diversion schemes is judicially clothed by section 223 of the CRA40.
There are various diversion schemes recognized by law. Community service is one of
them. It is a way in which the offender serves the community as a reparation for their
crime41. Section 223 (i) (d) (iii) of the CRA 2003 recognized community service as
alternative punishment to juvenile offenders. Community service is always used at the
trial stage but where it is given at the pre-trial stage, the charges are withdrawn on the
condition that the service is completed within a given time. The placement options for
community service are libraries, police station, local government council ex cetera42.
‘Victim Offender Mediation’ is another alternative form of punishment to retributive
criminal justice. It offers victims an opportunity to meet the offender in a safe, structured
setting and engage in a mediation discussion of the crime43. The aim of this mediation
is to facilitate communication between the offender and the victim after the crime has
been communicated so as to enable the parties reach an agreement with the aid of a
mediator44. Asides from the aforementioned diversion schemes, life skill program can
be used as a condition for pre-trial diversion or as an alternative to imprisonment. The
life skill program offers vocational skills training45. These program is designed to train
the juveniles on various skills and crafts which they can use to make a good living for
39
J. Pothier ‘Best Practices in Diversion Programmes’ [2004] UNICEF Nigeria
<https://www.unicef.org/easterncaribbean/media/1206/file/ECA-Diversion-Programme-Policy-Brief-2017.pdf>
accessed 17 February 2022
40
CRA 2003
41
UNICEF, ‘Juvenile Justice Administration in Nigeria’ A Course Manual Op. Cit . Pp. 57
42
43
44
UNICEF ‘Juvenile Justice Administration in Nigeria’ Op. Cit. Pp.60
45
98
themselves. It offers the offender a second chance and definitely serves as a distraction
from committing a crime again. The life skill programs should be for a short term and it
should be aimed at “youths between the ages of 12 and 18 and it is not limited to first
offenders”46.
Other alternative measures to custodial sentencing include;
 Discharging the child offender on his entering into a recognizance.
 Placing the child under the supervision of a Probation or Supervision officer.
 Fine payment or Compensation
 Group Counselling
 Where the child offender is committed to the care and supervision of a guardian
or relative47.
5.5 CONCLUSION
The research work has extensively covered the criminal justice system in Nigeria, precisely the
juvenile justice system. It has broadly explained the history and stages of Nigeria’s Juvenile
Justice Administration as well as the roles and responsibilities of the institutions and
machineries involved in Juvenile Justice. These institutions were explained against the sets of
laws that regulate Nigeria’s Criminal Justice System. Juvenile Justice System in Africa was
clearly developed based on the foundation that was brought by the Europeans 48 but these
colonial projects did not end with the advent of colonialism. The study found that there is no
collaboration between government, NGOs, private individuals and the community. Also, much
46
ibid
47
<https://project.camppromat.com>juvenile-justice-administration-in-nigeria/> accessed 17 February 2022
48
C.D. Agotse, ‘Juvenile Justice in Africa: An Assessment of Adherence to International Law on Preserving the
Rights of Child Offenders’ [2018] <https://mspace.lib.umanitoba.ca/handle/1993/33643/> accessed 18 February
2022
99
of the diversion methods are neglected for institutionalization49. In the discussion on the
background of juvenile justice administration, child-friendly legislations were highlighted. The
assessment of the juvenile institutions and child specific legislation was done against the
backdrop of international framework on juvenile justice. From the research work and findings,
it has been observed that there are various factors militating juvenile justice administration in
Nigeria50.
This thesis analysed the laws guiding juvenile justice administration, both the domestic laws
enacted in Nigeria and the international framework on juvenile justice. Based on the study, it
was also found that the system of laws on juvenile justice is punishment inclined with little
emphasis on rehabilitation, reformation and reintegration of the child offenders. The
international laws set a model for juvenile justice administration to which every jurisdiction
must adhere to. Although, some of the juvenile justice laws in Nigeria have some loopholes,
we can confidently say that the Child Rights Act 2003 is in line with the international standard.
Some of the laws such as the Children and Young Persons Act and the Children and Young
Persons Law still need to be reformed. It is pertinent to also note that some provisions of the
1999 Constitution of the Federal Republic of Nigeria is not even in line with the set
international standard of juvenile justice administration. Those provisions need to be amended
and should be in line with the Child Rights Act 2003. The Constitution should establish the
family courts as the court for juvenile proceedings and expunge the National Industrial Court
from being in charge of juvenile justice matters. There is also a need for all states in Nigeria to
pass the Child Rights Act into law.
49
J.H. Daudu, ‘A Sociological Analysis of the Law and Practice of Juvenile Justice in Niger State’ [2016]
<https://projectchampionz.com.ng/2020/01/15/a-sociological-analysis-of-the-law-and-practice-of-juvenile-
justice-in-niger-state-nigeria/?amp/> accessed 18 February 2022
50
100
The research also analysed the institutional framework of juvenile justice in Nigeria and their
setbacks. The research found that the police, the courts, the prisons and other agencies has not
been able to articulate their roles in ensuring an effective and efficient child justice
administration. The justifications for their shortcomings were attributed to inadequacy of
funding, infrastructures, facilities, skilled and trained personnel, or the human elements of
these institutions51. There are other factors also challenging juvenile justice administration in
Nigeria. Factors such as; illiteracy, lack of good laws, inefficiency of personnel to effect the
laws and some other setbacks that has been broadly explained in chapter four of this work.
This writer concludes by saying that there is a need for change of attitude in terms of the
philosophy of juvenile justice administration, there is also a need for legal reforms, institutional
reforms, capacity building and the use of diversion schemes for the optimal realization of the
objectives of juvenile justice administration in Nigeria.
51
101
BIBLIOGRAPHY
102

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COVER PAGE

AN ASSESSMENT OF THE PRACTICE OF JUVENILE JUSTICE

AN ASSESSMENT OF THE PRACTICE OF JUVENILE JUSTICE

I, (NAME IN ALL CAPITAL LETTERS AND IN BOLD) with Matriculation Number

(MATRICULATION NUMBER IN CAPITAL LETTERS AND IN BOLD) hereby declare

that this research titled “AN ASSESSMENT OF THE PRACTICE OF JUVENILE

JUSTICE ADMINISTRATION IN NIGERIA: A CALL FOR REFORM” is my original

JUVENILE JUSTICE ADMINISTRATION IN NIGERIA: A CALL FOR REFORM”

Number (MATRICULATION NUMBER IN CAPITAL LETTERS AND IN BOLD) under

LL.B (Hons) degree

TITLE PAGE ............................................................................................................................ i

DECLARATION .................................................................................................................... iii

TABLE OF STATUTES ......................................................................................................... xi

TABLE OF CASES ................................................................................................................xii

LIST OF ABBREVIATIONS ............................................................................................. xiii

ABSTRACT ........................................................................................................................... xiv

CHAPTER ONE ...................................................................................................................... 1

GENERAL INTRODUCTION ............................................................................................... 1

1.1 BACKGROUND OF STUDY ......................................................................................... 1

1.2 STATEMENT OF RESEARCH PROBLEM .................................................................. 3

1.3 THE RESEARCH QUESTIONS ..................................................................................... 3

1.4 AIM AND OBJECTIVES OF THE STUDY .................................................................. 4

1.5 RESEARCH METHODOLOGY ..................................................................................... 4

1.6 SCOPE AND LIMITATION OF STUDY ....................................................................... 5

1.7 SIGNIFICANCE OF STUDY ......................................................................................... 5

1.8 LITERATURE REVIEW ................................................................................................ 6

1.9 SYNOPSIS OF CHAPTER ............................................................................................. 9

1.10 CONCLUSION ............................................................................................................ 10

CHAPTER TWO ................................................................................................................... 11

CONCEPTUAL AND THEORETICAL ANALYSIS OF THE NIGERIAN JUVENILE

2.2 DEFINITION AND CONCEPTUAL CLARIFICATION OF JUVENILE JUSTICE .. 11

2.2.1 Who is a Juvenile? .................................................................................................. 11

2.2.2 The Concept of Justice and Juvenile Justice ........................................................... 13

2.2.3 The Concept of Juvenile Delinquency .................................................................... 16

2.2.4 Conceptual Clarification of the term ‘Juvenile Institutions’ ................................... 17

2.3 HISTORY AND DEVELOPMENT OF JUVENILE JUSTICE SYSTEM IN NIGERIA

2.5 THEORIES OF JUVENILE JUSTICE .......................................................................... 22

2.5.1 Critical Theory of Juvenile Justice.......................................................................... 22

2.5.2 Reparative Theory of Juvenile Justice .................................................................... 23

2.5.3 Retributive Theory of Juvenile Justice.................................................................... 23

2.5.4 John Rawls Theory of Justice ................................................................................. 23

2.6 JUVENILE JUSTICE ADMINISTRATION IN NIGERIA .......................................... 24

2.6.1 STAGES OF JUVENILE JUSTICE ADMINISTRATION IN NIGERIA ............. 26

2.7 CONCLUSION .............................................................................................................. 35

CHAPTER THREE ............................................................................................................... 36

LEGAL AND INSTITUTIONAL FRAMEWORK ON JUVENILE JUSTICE

3.1 INTRODUCTION ......................................................................................................... 36

3.2 LEGISLATION ON JUVENILE JUSTICE ADMNISTRATION ................................ 37

3.2.2 Child Rights Act 2003............................................................................................. 38

3.2.3 Children and Young Persons Law 1963 ................................................................. 41

3.2.4 Children and Young Persons Act 1943 ................................................................... 44

3.3 OTHER LAWS GUIDING JUVENILE JUSTICE ADMINISTRATION IN NIGERIA

3.4 INSTITUTIONS INVOLVED IN JUVENILE JUSTICE ADMINISTRATION ......... 56

3.4.1 The Police ............................................................................................................... 56

3.4.2 The Courts ............................................................................................................... 58

3.4.3 The Correctional Homes ......................................................................................... 60

3.4.4 The Remand Homes ................................................................................................ 62

3.4.5 The Borstal Centres ................................................................................................. 63

3.5 COMPARATIVE ANALYSIS OF NIGERIA’S JUVENILE JUSTICE SYSTEM WITH

3.6 CONCLUSION .............................................................................................................. 70

CHAPTER FOUR .................................................................................................................. 71

CHALLENGES OF NIGERIAN JUVENILE JUSTICE SYSTEM AND DIVERSION

4.1 INTRODUCTION ......................................................................................................... 71

4.2 PROBLEMS OF JUVENILE JUSTICE ADMINISTRATION IN NIGERIA .............. 71