INTRODUCTION
There has been an increase in juvenile crime in Nigeria. The juvenile justice system is weak and all the component of the judicial system in Nigeria have failed in the right and welfare of juvenile offenders. This article advocates for a diligent and through reform in the administration of juvenile justice and rehabilitation of juvenile offenders.
Black Law Dictionary defines juvenile as: “A person who has not reached the age (usually 18) at which one should be treated as an adult by the criminal justice system. Children and Young Persons Law does not define the word “juvenile”. However, it defines a child as a person under the age of fourteen and defines a young person as a person who has not attain the age of 14 and is under the age of 18.[1] The Child Right Act defines a “child” as a person under the age of eighteen years. In Nigeria, no legislation defines what a juvenile means, for the purpose of this article a juvenile is referred to as a person under the age of 18 years.
Favour Awemakinde (Associate, HARLEM)
Juvenile justice administration can be described as a system of justice established by the government, through statutory enactments, to take care and charge of persons defined as juveniles. It presupposes a system which is established by government to take care of persons/people within a stipulated age bracket who happen to be involved in one crime or the other.[2] The major essence of the Juvenile administration system in Nigeria is rehabilitating and reintegrating offenders into society. Child Right Act provides that 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.[3]
The causal factors of juvenile delinquency in Nigeria are poverty, inadequate education, poor physical health, family instability, exposure to physical and sexual abuse. Juveniles are in their formative age, and they are prone to developing various behaviors and characters, while at this age. It is important that various organs of the justice system ensure that the utmost best interest of the child is the primary consideration. In agreement with the Child Rights Act, the African Charter on the Rights and Welfare of a Child states that in all actions concerning the child undertaken by any person or authority, the best interests of the child shall be the primary consideration.[4] However, in the current Nigeria, is the best interest of the juvenile offender the primary consideration of the institution required to administer justice?
1.1 NIGERIA JUVENILE JUSTICE ADMINISTRATION
In Nigeria, the laws on Juvenile Justice Administration include the Constitution of the Federal Republic of Nigeria (1999), the Children and Young Persons Law (CYPL), the Penal Code, the Criminal Code Act, and the Child Rights Act, 2003. The pillars of the Nigeria Criminal Justice System are the police, the courts, and prisons. The juvenile justice administration forms part of the criminal justice system in Nigeria.
Historically, the Juvenile Justice Administration started during the colonial era. The colonial administration in 1943 promulgated the Children and Young Person’s Act in Nigeria. In 2003 the Child Right Act was enacted to replace the Children and Young Person’s Act. The Child Right Act was enacted for the purpose of safeguarding the rights and privileges of children all over Nigeria.
To protect juvenile offenders, the court is allowed to provide in situations where there is a reasonable ground that the juvenile is under threat. The court can also make an order requesting that appropriate authorities investigate the juvenile case and report back to the court. The Child Rights Act expressly states that.
No child shall be subjected to the criminal justice process or to criminal sanctions, but a child alleged to have committed an act which would constitute a criminal offence if he were an adult shall be subjected only to the child justice system and processes set out in this Act.[5]
This provision excludes juveniles from being punished like an adult, where a juvenile is apprehended, the guardian or parent must be promptly involved. All the fundamental right of the juvenile must be respected. Where a juvenile is taken to court, he must be informed of his offence alongside with his parents or guardian. The court must not only consider the extent of the offence but the needs and end of the juvenile. The Act[6]placed restriction on the punishment that can be ordered on a juvenile, punishment such as Imprisonment, corporal punishment and death penalty shall not be ordered on a juvenile. [7]
1.2 RESTORATION AND REHABILITATION OF JUVENILE OFFENDERS
Restorative justice is the major foundation of Nigeria Juvenile Justice system. The enactment of the Child Right Act contributed to the progress of juvenile justice by providing legal backing for the protection and restoration of juvenile offenders. The Act also provides for institutions charged with the responsibility of juvenile justice administration one of these institutions is the Juvenile Court. Nigeria has taken an applaudable step in separating juvenile offender from adult offender, however, there is more to be done to guarantee that juveniles rights are respected, and they are able to return to the society as good citizens.
The process of rehabilitation and restoration of juvenile offenders is a complex process. The restoration process begins with the juvenile offender realizing that he has committed an act or ommission in conflict with the Law. Upon being charged for an offence, a juvenile is either taken to a remand home, or an approved school for the purpose of correction and rehabilitation. Remand homes serve as detention center 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 inquiry report is being prepared.[8]
The process of rehabilitation and restorative justice is to achieve restorative outcome, this process is flexible thereby including cultural, ethnic, religious, and political set-up or diversity of activities to ensure juveniles are restore to the society as law abiding citizens.
Psycho-social training is the most important stage of rehabilitation of juvenile offenders. This is a program that addressed the mental emotional and social needs of juvenile offenders.
Education and Vocational training play a vital role in the rehabilitation and reintegration of juveniles into the society. Educational and vocational training develop the character of a young child, and this has a long-term positive impact such as creating opportunities for the juvenile to survive in our society. There is also a reduction in poverty rate when a juvenile put his vocational skills to work and earn from it. [9] According to This Day Newspaper[10], Lagos state has inbuilt schools in remand homes, staffed with teachers and equipped with the standard curriculum. The schools are also regulated like a government owned school. However, teachers undergo training because of the special nature of this school.
Counselling and Therapy involves providing individual counselling session to address the issues and to promote the emotional well-being of the juvenile. Restoration of juvenile offenders can also be accomplished by juveniles contributing to the resolution of their own case in a space that is comfortable with a police officer and other participating individuals. The setting of the environment must be filled with respect and value to make the juvenile comfortable. This system of restorative justice empowers the juvenile than the formal system where the court is involved, and the juvenile has an advocate. [11] The child Right Act provides for alternative means to achieve justice to the criminal wrong done by a young offender. The Act provides for a means of dialogues as a restorative means to prevent a criminal proceeding of the juvenile offender instead of adversarial method. [12]
2.1 CHALLENGES OF THE NIGERIAN JUVENILE JUSTICE ADMINISTRATION.
The Nigerian juvenile justice administration is faced with challenges that obstructs its ability to effectively rehabilitate and restore juveniles back to the society. Lack of infrastructure and limited resources at the juvenile detention centers, many remand homes are lacking enough resources to cater for the needs and wants of the young offenders. The centers are meant to be places where juvenile offenders are being trained with either vocational skills or education. However, the centers are dilapidated, overcrowded, and overstretched with little or no facilities to support or accommodate each offender.
One of the various challenges facing the juvenile justice system is lack of specialized juvenile court. Majority of the juvenile offender in Nigeria are tried in the same court as an adult offender and they are exposed to various criminals, and this may affect their integration into the society. There are also lack of specialized professional in relation to juvenile offences.
The Child Right Act is the major legal framework for juvenile offenders in Nigeria, and this act faces the problem of implementation in various state of the federation. In Nigeria only 24 states out of 36 states have adopted the Child Right Act as a state law. This result in lack of uniformity in the manner at which a young offender is treated.
The institutions handing juvenile offenders such as the court, police and the prison are some of the contributory factors to the problems of the juvenile justice system because of lack of resources, insufficient data, and lack of training with respect to juvenile offender and Lack of awareness about restorative justice. Theses institution only focus on the punishment without thinking of means to rehabilitate and restore juvenile offender.
2.2 RECOMMENDATIONS.
Juvenile justice system in Nigeria is lacking attention from government and communities. Various state governments in response to the challenges of restorative justice can create a system for juveniles with effective implementation to achieve results. Upon creation of the system, personnel must be fully trained and equipped to combat juvenile delinquency and restore juvenile offenders. Government should also allocate fund and resources for the purpose of improving juvenile justice system and investing in education and vocational training, to create a space for busy youth and prevent crime rates.
The Child Right Act is being underutilized in the protection and rehabilitation of juvenile offenders and this calls for creation of awareness, adequate implementation of the Act to prevent juveniles from languishing in prison. There is need for intensive orientation and workshops for personnel in contact with juvenile offender to ensure that they strictly adhere to the standard of administration of justice, the principle of fundamental right, and the best interest of the juvenile offender.
Government should provide adequate correctional facilities; basic amenities should be adequately provided at these facilities. Involvement of NGOs that are willing to support, encourage and counsel juvenile offenders.
There should be policies that involve families of the juvenile offender. This requires orientation of parents and guardians to ensure that they monitor their wards, and they engage in positive activities.
CONCLUSION
The recommendations for improving Nigeria’s juvenile justice system encompass several critical areas. The governments should establish restorative justice systems, adequately train personnel, allocate resources, promote awareness, and effectively implement the provision of the Child Rights Act. Additionally, involving NGOs, engaging families, and enhancing correctional facilities are essential steps toward creating a more effective and compassionate system for the restoration of juvenile offenders.
FOOTNOTES:
[1] Section 9 Children and Young Person law CAP C38, 2004
[2] A. Obidimma and E.Obidimma: Challenges and Prospects of the Juvenile Justice Administration in South East Nigeria <https://www.ajol.info/index.php/naujilj/article/view/136329 > accessed 16th April 2024
[3] Section 1 Child Right Act 2003
[4] Article 4
[5] Section 204 Child Right Act 2003.
[6] Section 221 Child right Act 2003
[7] Section 39 of the Criminal Code Act also reiterate that where an offender who, in the opinion of the court, had not attained the age of seventeen years at the time the offence was committed, has been found guilty of an offence, such offender shall not be sentenced to death.
[8] Bella TT, Atilola O, Omigbodun OO. Children within the juvenile justice system in Nigeria: psychopathology and psychosocial needs. Ann Ib Postgrad Med. 2010 Jun;8(1):34-9. < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4138769/#:~:text=Remand%20homes%20serve%20as%20detention,inquiry%20report%20is%20being%20prepared. > accessed 23rd April 2024
[9] Siti Balqis Mohd Azam, A Case Study on Academic and Vocational Training for Child Offenders Undergoing a Multisystemic Therapy-Based Rehabilitation Order in Malaysia<https://doi.org/10.1016/j.childyouth.2020.105911> accessed 23rd April 2024.
[10] This Day Newspaper, Rehabilitating the Juvenile Delinquent. https://www.thisdaylive.com/index.php/2020/01/06/rehabilitating-the-juvenile-delinquents accessed 24th April 2024.
[11] Okoh Collins Asking for Young Offenders: What is the Fate of Restorative Justice within Nigeria’s Discretionary Diversion Policy < https://www.academia.edu/67372009/Asking_for_Young_Offenders_What_is_the_Fate_of_Restorative_Justice_within_Nigerias_Discretionary_Diversion_Policy> accessed 23rd April 2024.
[12] Section 209 (3) Child right Act 2003 provides that police investigation and adjudication before the court shall be used only as measure of last resort.
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