Juvenile Justice Administration in Nigeria: a Case Study of Kogi State
CHAPTER ONE
Objectives of the Study
The aims and objectives of the research are as follows:
- Examination of existing child specific legislation in Nigeria, particularly, their provision on juvenile justice administration in order to unravel its weakness, shortcomings and
- A comparative appraisal of international instruments conventions and treaties connected with juvenile justice administration and Nigerian legislation with the view to test the effectives and compliance status of Nigeria
- An assessment of agencies and institutions responsibility or involved in juvenile justice administration in Nigeria with the aim of establishing why juvenile justice system has not faired better and propose appropriate solutions.
- To study the effectiveness of the laws and institutions involved in juvenile justice administration in Kogi state against the background of the Child Rights Law of Kogi State and to make suggestions and recommendations that will reposition the system for optimal performance in Kogi State in particular and Nigeria in general
CHAPTER TWO
THE CONCEPT OF JUVENILE JUSTICE IN NIGERIA
Introduction
It is vitally important 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. 11 Most countries in the world in their treatment of children acknowledge the fact that juvenile have peculiar “emotional, mental and intellectual capacities.12 quite distinct from those of adults. It is equally observed that the exposure of children to formal criminal processes may have the adverse effect on subsequent attempts at their rehabilitation and reintegration into the society 13 . Simply put, it must be stressed that juvenile criminal justice is a special track of its own in the criminal justice system.
As part of Nigeria, notwithstanding, her colonial history and the legacy of English legal system, the country adopted for the very first time, the Nigeria’s Children and Young Persons Act (hereinafter referred to as “the CYPA”) or where applicable as “CYPL”) in 194314. The CYPA states as its purpose “to make provision for the welfare of the young and the treatment of young offenders and for the establishment of juvenile courts”. The CYPA has been subjected to several amendments and re- enacted by various States of the federation as State Laws in compliance with the principle of federalism.
A very careful appraisal of the CYPA, subsequent legislation in Nigeria relating to children as well as International Treaties15 ratified by Nigeria, it is evident that policies, laws and procedures which apply generally to adults are tampered with when children and Young Persons come into conflict with law.
In most cities in Nigeria, the fact remain, that there is increasing prevalence of street children, urban violence, armed robbery cases and other crimes involving children vis-à-vis the fact that juveniles in conflict with the law were routinely handled and treated as adults and subjected to procedure which thought to be applied only to adults”1616. In the face of all these, it is doubtful whether juveniles are reaping the well intended benefits of the child friendly policies, laws and procedures.
CHAPTER THREE
LEGAL AND INSTITUTIONAL FRAMEWORK INVOLVED IN JUVENILE JUSTICE ADMINISTRATION
Introduction
The effectiveness of any criminal justice system depends on the laws in place and the institution saddled with the task of ensuring that the provisions of the laws are given effect. Therefore, in this chapter the research focuses on the legislation that regulates juvenile justice system and the institutions involved in juvenile justice administration. Legislation considered are the Children and Young Persons Law102, the Child Rights Act103 and/or the Child Right Law, Kogi State.104
Further in this chapter, the following juvenile justice institutions were discussed. The institutions are; the police, the court, the prisons and other custodial institutions.
- Nigerian Legislation on Juvenile Justice Administration First and foremost, there are several legislations dealing with juvenile justice administration in Nigeria. Principally, the constitution of the Federal Republic of Nigeria has provisions that guarantee fundamental rights to Nigerians including children. Similarly the provision of the substantive criminal law, such as the Penal Code Law105 and the Criminal Code106 applies to children. This is so, as cases involving children are criminal in nature. In short, there are specific provisions in these laws relating to children. For instance, the age of criminal responsibility provisions strictly applies to children. Further the substantive criminal law has several provisions that protect children against harm and sexual exploitations.
CHAPTER FOUR
INTERNATIONAL INSTRUMENTS, TREATIES AND PROTOCOLS ON JUVENILE JUSTICE ADMINISTRATION
Introduction
It is important to note that the development of child specific legislation in Nigeria is a function of some international instruments or treaties. Consequently in this chapter the study focuses on some salient provisions of the following international instruments:-
- United Nations Convention on the Right of the Child (CNCRC).
- United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), and
- United Nations Guidelines for the Prevention of Juvenile & delinquency (Riyadh Guidelines).
United Nation Convention on the Rights of the Child (UNCRC)
The United Nation Convention on the Rights of the Child is an International Human Rights Treaties, which provides for universally accepted standards in relation to Child Rights. Nigeria ratified the UN Convention on the Rights of the Child in 1991. The CRC defines a child as every human being below the age of 18 years.
The most relevant provisions of the CRC on the administration of juvenile justice are included in articles, 37, 39 and 40 respectively. Most particularly, Article 37 and 40 of the convention is to the effect that children in conflict with Law have the right to treatment that promotes their sense of dignity and worth and also those treatments that take into account their age and aims at their re-integration into the society149. Prima-facie, article 37 specifically protects children from torture, cruel punishment, unlawful arrest and arbitrary deprivation of liberty. It further states that the arrest, detention or imprisonment of a child shall be used only as a measure of last resort and for the shortest appropriate period of time. This right applies regardless of the reason for the deprivation that is whether the child is detained for investigation, awaiting trial, convicted or placed for the purpose of care and protection.
CHAPTER FIVE
AN APPRAISAL OF MACHINERY FOR JUVENILE JUSTICE ADMINISTRATION IN KOGI STATE
Introduction
In this chapter the research specifically focuses on the general state of juvenile justice system in Kogi State. Consequently, institutions responsible for juvenile justice administration in the state, such as the police, juvenile courts, the prisons and the Social Welfare Department of the Ministry of Women Affairs and Social Development shall be discussed within the context of their actual operations and performance. In doing this, attempt would be made to examine these institutions and assess their compliance status with the parameters of international instruments, treaties and protocols.
Importantly, these institutions are fashioned to operate within a legal framework. It is against this backdrop that legislation or laws regulating the machinery of juvenile justice administration in Kogi State would be highlighted and its relevant provisions articulated. The regime of the laws applicable to the management and control of juvenile justice administration in Kogi State are: the Constitution of the Federal Republic of Nigeria (CFRN) 1999, Children and Young Persons Law, Cap 21. The laws of Northern Nigerian 1963, The United Nations Convention on the
Rights of the Child, Child Right Law of Kogi State, 2009. The Penal Code, Cap 89, the laws of Northern Nigeria, 1963, The Police Act Cap P19, the Laws of the Federation of Nigeria 2004, the Criminal Procedure Code, Cap 30 Laws of the Northern Nigeria 1963 amongst others.
Conclusion
The research work has extensively considered, in general, the criminal justice system in Nigeria as well as the functions, roles and responsibilities of the institutions and agencies that are involved in the juvenile justice machinery. These institutions were discussed against the backdrop of their enabling statutes and the regime of laws that regulate the criminal justice system in Nigeria.
The research revealed that by extension, these institutions are the principal agencies in juvenile justice administration in Nigeria. In our discussion of the background to juvenile justice administration, child- friendly legislation in Nigeria were highlighted and its provisions relating to juvenile justice administration appraised. The assessment of these institutions and relevant legislation were analyzed against the standards set by international framework or institutions on child justice administration. Having done the assessment and juxtapose its working with international instruments on the subject matter, it was found that there were army of problems militating against child justice administration in Nigeria.
REFERENCES
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