INTRODUCTION

“The delivery of services in juvenile justice administration shall be systematicallyplanned and implemented as integral part of national development efforts.”1

The existence and frightening increase in number of the

Children in Conflict with the Law in Nigeria today, and the

need to judicially and judiciously attend to them within the

socio-juristic perspective cannot be undermined, especially

since Nigeria is a signatory to the United Nation Convention

on the Rights of the Child and the Organization of African

Unity Charter on the Rights and Welfare of the Child.

Anchored on the above reality, this academic

undergraduate research work sets out to examine the legal

framework already in place to treat this vulnerable class of

people in the society, without necessarily hampering on their

rights and simultaneously not compromising the standard of

justice on the platform of securing the rights of these folks.

The essence of this work is hinged on the fact that the

minors are a special class of persons, whose nature of

1 Section 4, Article 30, of the United Nations Standards and Norms in Crime Prevention and Criminal Justice

1

deviancy ought to be treated with extreme and exceptional

care. This is so because, as some text writers2 posit that:

“… even though Nigeria’s Constitution contains an

impressive list of theoretical safeguards of

fundamental rights, the reality is that these are

violated. In the case of juveniles, the violation is

more brutal in view of their vulnerability and the

impact on the psyche of the child.”

Consequent upon the above facts, the writer now sets out

to examine the administration of juvenile justice system in

Nigeria in partial fulfillment of course requirement.

May it be said here that, the writer is in no stance

assuming to carry out an exhaustive analysis of the juvenile

justice system in Nigeria, seeing that will be, verily, beyond

the scope of this academic undergraduate work, and ought to be

a discourse to be properly covered in a full textbook.

However, the writer shall examine this subject as hereunder

set forth.

2 Bolaji Owasanoye and Marie Wernham (2004) (eds) in Street Children & The Juvenile System in Lagos State. CSC

2

CONCEPTUAL CLARIFICATION OF TERMS

As an academic undergraduate research work, it is of

great importance to foremost set forth or proffer an attempt

to conceptualize or clarify the terms so used in the topical

question, that naturally form the template of this work. To

this end, the following concepts are set out thus:

Examine – To study, inspect, investigate or analyze something

in detail3

Administration – The management of an affair e.g. institution4

Juvenile – A person who has not reached the age (usually 18)

at which

one should be treated as an adult by the criminal-

justice system e.g. a minor or an infant.5

According to Adam, E. Michael6, The sum total of the

concept of juvenile in concept of terms is a person who

in the eye of the law does not possess requisite capacity

for criminal or even civil liability. Put differently,

3 Microsoft Encarta 2009. 1993-2008 Microsoft Corporation. 4 Ibid.5 Black’s Law Dict. (9th ed.) at p. 9456 In a paper titled: An Appraisal of the Regime of Juvenile Justice under the Child’s Right Act in Nigeria. Arabian Journal of Business and Management Review (OMAN Chapter) Vol. 2, No.8, March. 2013

3

The word juvenile has been defined as a person who has

not reached the age at which the Criminal Justice System

should treat one as an adult (Garner 2004). Under the

Nigerian law, the issue of juvenile is used

interchangeably with a minor. It is also seen as of, for

or relating to young people. In the Nigerian case of

Labinjo v. Abake, the court held that a person under the age

of 21 is a minor and therefore lacks capacity for

contractual obligations.

Justice – The fair and proper administration of laws7

System – A way of proceeding; a method or set of procedures

for

achieving something.8

Nigeria – A country in West Africa, on the Gulf of Guinea,

south of Niger. It

became an independent member of the British

Commonwealth

In 1960.9

7 Ibid.8 Microsoft Encarta, ibid.9 Ibid.

4

HISTORICAL BACKGROUND/DEVELOPMENT OF JUVENILE JUSTICE SYSTEM

IN NIGERIA

Nigeria has, indisputably, a long history of justice

system. Juvenile Justice System, though not as at then

formally structured, existed in pre-colonial Nigeria with each

region have a remand home for detaining juveniles. The central

government did was not left out. According to Ogundipe,10 the

Borstal Training Institute located in Kaduna, was an attempt

by the then central government to provide for juvenile

detainees. This institution admits and train juveniles in

vocations and formal education, with the goal of presenting

them as profitable persons in and for the society.

According to the Bolaji Owasanoye and Marie Wernham

(2004),11 the guiding framework for juvenile justice system is

set out in the 1989 UN Convention on the Rights of the Child

(in particular Articles 37 and 40) and the African Charter on

the Rights and Welfare of the Child (in particular Article

17). These standards – which are binding on States that have

10 Management of Juvenile Delinquency in Nigeria, A Paper presented in Kenya in 201111 Editors of the Consortium for Street Children’s Research Publication of Human Development Initiatives on Street Children & The Juvenile Justice System in Lagos State.(2004)

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ratified either of the treaties - are supported by three other

comprehensive international guidelines:

• The UN Standard Minimum Rules for the Administration of

Juvenile Justice;

• The UN Guidelines for the Prevention of Juvenile

Delinquency; and

• The UN Rules for the Protection of Juveniles Deprived of

their Liberty.

Although, in Nigeria, the first attempt to create and run a

Juvenile Justice System was the introduction of the colonial

Children and Young People’s Act.12This Act has been in

existence and continues to be the main legal framework that

guides the juvenile justice system until the enactment of the

Child’s Rights Act, 2003.13 The emergence of the Child’s Right

Act, 2003 was necessitated by the shortcoming of the previous

act CYPA that did not provide for the minimum safeguard of the

child as enshrined in the various international conventions,

treaties and charters. Observing this view, a writer noted in

12 See Cap 32 Laws of the Federation of Nigeria and Lagos, 1958. 13 Laws of the Federation of Nigeria, 2004.

6

an online page14 that, The current act (referring to the

Child’s Right Act, 2003) defines a new child protective system

and allows opportunities for the participation of children in

matters that concern their rights and welfare; rights which

were not present in the CYPA. The Child Rights Act 2003

creates a discretionary guardian ad litem position for

representation of the child who is a legal practitioner; “the

court may, for the purpose of any specified proceedings,

appoint a guardian ad litem for the child concerned to safeguard

the interests of the child, unless it is satisfied that it is

not necessary to do so.” Additionally, the Court has the power

“to consult the wishes of the child in considering what order

ought to be made in protective proceedings” and the child has

the right to “exercise on his [or her] free choice” (which

seems to be interpreted as voice his or her wishes).

It is in this Act spelt out, the procedures for

investigating, arresting, detaining, re-investigating,

arraigning, trial, conviction and ordering of the juvenile.

14 http:// www.law.yale.edu/rcw/rcw/jurisdictions/afw/

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THE LEGAL FRAMEWORK OF THE JUVENILE JUSTICE SYSTEM IN NIGERIA

Juvenile justice administration in the country is

undertaken within and by three core criminal justice

institutions - police, courts and prisons. In addition, the

social welfare departments of the state and local governments

also play important roles in juvenile justice administration.15

A child who infringes the law ought to pass through various

stages and interact with different professionals regulated by

different laws including the police, social workers, lawyers,

magistrate, and where necessary prison officers.16

Below is the legal framework for the Juvenile Justice

System in Nigeria:

i) The Police or Social Welfare – investigates, searches,

arrests, detains and arraigns the juvenile before the

court17

ii) The Court – Under the Juvenile Justice System in

Nigeria, there exist a single court with exclusive

original jurisdiction. This court is called the “Family

15 Cleen Foundation. Rights of the Child in Nigeria. An online Textbook on Juvenile Justice System in Nigeria.16 Bolaji, Supra.17 Section 159, Child’s Rights Act, 2003

8

Court.”18 This court exist both at the magistrate and

high court levels. The Family Court at the magistrate

level possesses equal jurisdiction of a normal

Magistrate Court to the extent of original jurisdiction

over child-related proceeding of matters not saddled on

that court (Family Court) at the high court level.19 And

appeal lies from the Family Court at the magistrate

level to the Family Court at the high court level.20 And

finally, appeal lies from the Family Court at the high

court level to the Court of Appeal. 21

iii) The Borstal institutions, approved homes and remand

homes – At the end of the hearing of any matter: civil

or criminal, the court does not give sentence (sic) but

makes order as necessary.

From the above, it follows that a child, who is suspected to

have committed an offence against any law in Nigeria, can be

reported to the Police or to the Court, as the case may be.

Once this is done, the child in question is to be brought

18 Section 149, ibid.19 Section 153, supra.20 Section 153 (5), supra.21 Section 152 (5), ibid.

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(either through the order of the court or by a Police officer)

and normal trial begins as in criminal justice system. The

only difference is in the nature of the court; its

constitution, jurisdiction, composition and proceedings and

manner of pronouncing of verdict.

Under the juvenile justice system, no member of the press

is allowed to attend or and publish the proceeding of the

court in relation to the matter of any given child brought

before the court for determination.22

Like in the criminal justice system, the Nigerian

juvenile justice system affords the juvenile the right to be

represented in the court by a Counsel (a Barrister).23And may

be granted bail conditioned upon the requirements of the law.24

Moreso, the court may sit as often as possible, however,

the child involved or and his/her parent or guardian must be

notified as a constitutional requirement. The sitting of the

court is usually in a different room or building from that

22 See Section 156 (d) of the Child’s Rights Act, 200323 Section 155, ibid.24 Section 3, Children and Young People’s Act, Cap 342 Laws of the Federation of Nigeria and Lagos, 1958

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used by the regular court. Or where the court is to use the

same venue of the regular court, the hearing must be done at

least an hour to the said usage by the regular court.25

During the hearing, some languages or legal terminologies

are discouraged from use in the juvenile e.g. conviction,

sentencing, guilty, etc.26

From the foregoing, it is noted that the presiding court

officer (a Magistrate or the Judge) does not sentence or

convicts the juvenile, but finds juvenile delinquent and

consequently makes his order. However, before arriving at or

making his order, he must consider the antecedent of the

juvenile, his home and associates and at all point must do so

bearing the overall interest of the child in mind.

The order of the court may be in any of the following:

- Dismissal – here the court dismisses all the charges

leveled against the juvenile;

25 Section 6(2), ibid.26 Criminal Justice Administration (Course Code: CSS 775) pp. 64-68; National Open University of Nigeria Online Course material

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- Fine – here the court orders either the parent or the

guardian of the juvenile to pay such fine as stipulated

in the order of the court;

- Probation or Supervision – where the juvenile is not up

to the age of 18, the court may order such to be kept

under supervision of a Probation Officer (for offences,

the sentence whereof are not fixed by any law) for a

period of one to three years;

- Discharge – the court may discharge the juvenile thus:

(a) absolute, (b) conditional, that he is freed not to

go and continue in committing offence for a given

period not exceeding 3 years;

- Canning – the court may order that a male juvenile be

caned, but not exceeding 12 strokes of the cane.

- Imprisonment – this is the last resort of the court,

where there is, practically, no other means of dealing

with the juvenile. However, the imprisonment must not

be the same with or where adult criminals are kept.

12

- Committal – at other times, the court may order that

the juvenile be committed into the custody of a fit

person, approved schools, etc.27

27 National Open University of Nigeria, supra.

13

THE DISTINCTIONS BETWEEN THE JUVENILE JUSTICE SYSTEM AND

THE CRIMINAL JUSTICE SYSTEM IN NIGERIA

From the above, it may be said observably that, there

exist slight differences between the Juvenile and Criminal

Justice Systems in Nigeria. These differences include:

- Under the former, the regular court does not have

jurisdiction to hear or adjudicate on a matter

bordering juvenile delinquency, except the Family Court

and the Family Court cannot also entertain proceeding

except that for which it was created to adjudicate.

- Under the latter, the normal court has jurisdiction to

conduct the trial of the accused but not that of the

juvenile as such.

- Under the former, certain words e.g. “accused”,

“sentence”, “guilty”, “convict”, etc are not allowed,

whereas they are used in the latter.

- Under the former, members of the Press are statute-

barred from attending the proceeding, whereas under the

latter, they may so attend.

14

- Under the former, the sole purpose is conciliation and

correction, but in the latter, it is predicated on

conviction and punishment.

- Under the former, the person in question is called a

delinquent, whereas under the latter, the person (the

adult) is regarded as the accused.

- Finally (though not exhaustively), the purpose of the

court’s order in the former is to reform the juvenile,

whereas in the latter, the sentence is to serve as a

deterrent, punishment, justification, etc.

ESSENCE AND CHALLENGES OF THE JUVENILE JUSTICE SYSTEM IN

NIGERIA

The essence of the Juvenile Justice System may be aptly

captured in the first provision of Child’s Rights Act of 2003.

That provision states:

“In every action concerning a child, whether undertaken by an

individual, public or private body, institutions or service, court of

law, or administrative or legislative authority, the best interest of

the child shall be the primary consideration.”

15

The above position was rightly noted by Bolaji and Marie28when

they asserted that the overall approach to the administration

of justice in relation to children can be summarized by the

‘best interest’ principle in Article 3(1) of the Convention on

the Rights of the Child which states that: “In all actions

concerning children, whether undertaken by public or private

social welfare institutions, courts of law, administrative

authorities, or legislative bodies, the best interest of the

child shall be a primary consideration.”

However, this tends not to have so far been followed

stricto sensu. Available research works and investigation have

shown that juveniles have been subjected to different degrees

of maltreatments and unconstitutional infringement of their

rights simply because of their vulnerable and susceptible

dispositions.29

The challenges facing the various institutions- the

Police, Court, Social Welfare, and at times the Prison, etc in

adhering to the above essence of the establishment of the

28 Supra.29 Ayua and Okagbue ed., (NIALS pub. 1996) Rights of the Child in Nigeria, from p. 242; see also Research Findings of Juvenile Justice Administration in Nigeria, (CRP pub. 2003).

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Juvenile Justice System is the major challenge facing the

system. This had led to the imprisonment of innocent young

persons and that in the same prisons where harden criminals or

inmates are confine.

Another challenge is that, most states in Nigeria are yet

to adopt the new act and as such, the protection of the right

of the child is left, majorly, in the hands of Non-

Governmental Organizations (NGOs), which has limited fund and

manpower to attain the full purport of the act.

Moreso, a finding revealed that, about 16 states in the

federation are yet to ratify the Child’s Right Act of 2003.

This is a big sociological cum legal challenge which needs to

be urgently taken care of.

The writer is of the view that, government (federal,

state and local government) should re-structure its

supervisory machinery in order to ensure that the essence of

the System is achieved. And Judiciary also has work to do,

especially in the cases of Awaiting Trial Inmates (ATIs).

17

Moreso, young people should not, for any reason

whatsoever be kept in the same prison with adult inmates or

accused.

CONCLUSION

In conclusion, the writer submits, in line with the views

other legal writers, that a Juvenile Delinquent is not to be

detained by the Police unless; the charge is one of homicide

or other grave crime; It is necessary in the interest of the

delinquent to remove him/her from association with a reputed

criminal or prostitute or; The Police officer has reasons to

believe that the release of such a delinquent would defeat the

ends of justice. Often the Delinquent is released on self

recognizance or to his parent or guardian with or without

surety. Otherwise, he is detained. Detention must be in a

place approved for detention under the Children and Young

Persons Act unless: - it is impracticable to do so

- the delinquent is so unruly or depraved a character that he

cannot safely be detained or68

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- by reason of his state of health or his mental or bodily

condition, it is inadvisable so to detain him. A certificate

to the above effect shall be produced to the court before

which the juvenile is brought. Perhaps it may be important to

distinguish between children and young persons who; a. violate

the criminal law b. are maladjusted, anti-social or rebellious

c. are orphans, deserted by relations, persons wandering,

having no settled home or visible means of subsistence d.

Beggars It cannot be sufficiently stressed that in matters

affecting children and young persons, the paramount

consideration is the welfare, reformation, and rehabilitation

of the juvenile.

19

REFERENCES/BIBLIOGRAPHY

Adam, E. Michael n Appraisal of the Regime of Juvenile Justice under the

Child’s Right Act in Nigeria. Arabian Journal of Business and Management

Review (OMAN Chapter) Vol. 2, No.8, March. 2013

Adeyemi, A. A. Juvenile Justice, Evaluation, Policies and

Programmes in Prof. C. O. Okonkwo ed. Contemporary Issues

in Nigerian Law. Essays in Honour of Justice Bola Ajibola

P. 405 25

Adeyemi, A. A. Police and Criminal Justice Administration in

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Ajomo, M. A. and Okagbue I. E Human Rights and the

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1991) p. 108 26

Alemika E.E.O. and Chukwuma I.C., Juvenile Justice Administration in

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available under http://www.cleen.org/ja.pdf

Ayua. I. A. and Okagbue I. E The Rights of the Child in

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Ayua and Okagbue ed., (NIALS pu. 1996) Rights of the Child in Nigeria,

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Bolaji Owasanoye and Marie Wernham (2004) (eds) in Street Children

& The Juvenile System in Lagos State. CSC

20

Children’s Rights Act, 2003

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Microsoft Encarta 2009. 1993-2008 Microsoft Corporation. All

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National Open University of Nigeria Online Course material:

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Okonkwo C. O. (1990).“The Child and Criminal Responsibility,

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21

International Conference on Special Need s of Offenders

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UN Guidelines for the Prevention of Juvenile Delinquency

Universal Declaration of Human Rights: December 1966 see G. A.

Resolution 2200 (XXI) UNDOC A/6316 (1966) 10

UN Standard Minimum Rules for the Administration of Juvenile

Justice

UN Rules for the Protection of Juvenile Deprived of their

Liberty

22