‘State parties shall take all appropriate legislative,
administrative, social and educational measures to
protect the child from all forms of physical and
mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation including
sexual abuse while with parent(s), legal guardian(s)
or any other person who has the care of the child:
(Article 19 of the United Nations Convention on the
Rights of a Child).
THIS write up ‘Juvenile Law; Securing Justice for the
Nigerian Child’ aims at projecting a clear
understanding of the juvenile justice system and
increasing the awareness of the civil society about
the experience and treatment of juvenile offenders in
Nigeria. This piece of work was borne out of the
pains of seeing the Nigeria child and the young
offenders most times being tried and punished
alongside with the adult offenders. The juvenile
courts are not utilized anymore and there seems to
be no justice for the Nigerian Child.
Each day that passes sees an increase in juvenile
delinquency in Nigeria, most of the juveniles and
young offenders are harshly punished for even petty
offences they commit. The situation of these
children and young offenders is appalling; as they
become the victim of circumstance which they have
no control over. It is even more disheartening that
the law of the country operates not to restrain them
but to punish them. It is worthy of note that the
juvenile law in its original form was intended to care,
reform and rehabilitate any minor found involved in a
crime in the society. However this good plans and
intentions are gradually being washed away.
In attempt to give crystal meaning to this write up, it
will be of utmost importance to begin by giving a
working definition of the subject matter.
WHO IS A JUVENILE?
The Black’s Law Dictionary, 9th edition defines a
juvenile to be ‘A person who has not reached the
age (usually 18) at which one can be treated as an
adult by the criminal justice system’ a juvenile is
seen as a minor or a child.
The Children and Young Persons Law (CYPL) sees a
child as a person under the age of 14 years. The OAU
charter on the Rights & Welfare of a Child views a
child as a person under the age of 18 years, also the
United Nations Convention on the Rights of a child
sees a child to be any person or human below the
age of 18 years.
The involvement of these children, minors or young
persons into various anti-social behaviors,
especially behaviors that would be criminally
punished if the act was committed by an adult is the
reason behind this work.
WHAT IS JUVENILE LAW?
Juvenile law, also known as justice for minors, is an
area of law which deals with the actions and well
being of persons who are not yet adults. Juvenile
law tends to protect a minor who is not yet old
enough to be held responsible for criminal acts. In
most circumstances the age definitions are
significant because they determine whether a young
person accused of criminal conduct will be charged
with a crime in adult court or will be required to
appear in juvenile court.
In order for the child’s rights to be respected and
protected, such laws must be specially adapted to
their specific needs. Justice for the minors, as the
name implies, is reserved for those who have not yet
attained legal maturity.
JUVENILE DELIQUENCY
Juvenile delinquency can be referred to as anti-
social behaviors by minors or the habitual
committing of criminal acts or offences by a young
person(s) especially one below the age at which
ordinary criminal prosecution is possible. Juvenile
delinquency can also be said to be any act which is
in violation with the criminal law, committed by a
person who can be referred under the law as a
juvenile, such an act if committed by an adult will
be treated as crime or criminal conduct.
Juvenile delinquency in our society today is
spreading like wild fire. The alarming rate of juvenile
delinquency within the Nigerian society calls for
great concern. It has been referred to by many as a
moral decadence, unruly behaviors and total
departure from the norm. Its definitions,
manifestations and controls are influenced by
families, political, social and economic conditions.
Every member of the society, from our leaders to the
followers share in the blame of the high increase in
juvenile delinquency. It may not be far from the truth
that crime, corruption and moral degeneration today
is the resultant effect of the high increase of juvenile
delinquency in our society.
Furthermore, It may interest you to know that these
children were not criminals while in their mothers’
womb neither were they born criminals. The truth
remains that some of the families where these
children come from have morals burning at its
lowest ebb. The environment and society does not
even help matters as it is been infiltrated with moral
debauchery, also the fighting and killings in politics
is seen as a fuel that amplifies delinquency. What
more can we say? Of a truth, juvenile delinquency in
every society can be traced to certain foundational
factors,
Late Justice Chukwudifu Oputa JSC once said
‘Nothing will happen in our nation and country
which did not first happen in our minds, if wrong is
rampant, if indiscipline is rife, if corruption is the
order of the day, then let’s search our individual
minds for that is where it all begins’
In the view of my Lord Justice as stated above, our
various minds are the origin of these problems. We
therefore humbly submit to the fact that our minds,
our homes and families are the starting point of
juvenile delinquency in our nation and country. It is
of utmost importance to state that the menace of
juvenile delinquency can only be curbed if we can
start addressing it from the our minds.
JUVENILE JUSTICE SYSTEM
Juvenile justice system is seen as a track within the
criminal justice system. The juvenile justice system
is guided by a philosophy of concern, care,
reformation and rehabilitation. The young offenders
are often deemed to be immature and should not be
treated as adult offenders. Otherwise juvenile
delinquents should be considered “misguided” and
therefore rescued or subjected to treatment, or
reformation and rehabilitation program within
correctional institution. (Juvenile Justice &
Administration in Nigeria by E.E.O Alemika & I.C.
Chukuma)
These juveniles and young offenders like we earlier
stated were not ‘born criminals’ but are victims of
circumstances beyond their control. Some were
influenced by social or economic conditions which
could have been addressed by the government of the
day. In event where these young offenders are found
guilty of crimes, they should be given opportunity for
correction, reformation, rehabilitation and be restored
back to the society as useful and law abiding
citizens instead of being convicted, sentenced or
punished like the adult.
THE AGE OF A CHILD & CRIMINAL RESPONSIBILITY
Justice for minor as the name implies, is reserved
for those persons who have not attained the age of
maturity or who are below 18 years as the case may
be. Most times it may be very difficult to ascertain
the actual age of an adolescent to be tried or if he or
she has attained the age of criminal responsibility.
The age of criminal responsibility occurs at a certain
age when national law considers a young offender to
have attained adequate emotional, psychological and
intellectual maturity to take responsibility for
committing a crime. It is important to state here that
the justice system must be tailored to the age of the
offender; this will ensure the confirmation whether
such a person is an adult, a criminally responsible
adolescent or a child
TREATMENT OF JUVENILE OFFENDERS
Juvenile crime often represent a significant
proportion of the total criminal activity in a
community. It is usually assumed that adolescents
deserve and require special handling because they
are in a formative period and criminal behavior at
this stage of life may not necessarily be continued
into adulthood. Therefore, rehabilitation has
particular appeal for use with juveniles.
The child is seen as a vulnerable member of the
society deserving special protection. The child by
his physical and mental immaturity needs special
safeguard and care, including appropriate legal
protection from the government. The protection of
the rights of a child and treatment of juvenile
offenders is protected and regulated by several
International Legal Instrument i.e. Conventions and
Charters.
Article 19 of the United Nations Convention on the
Rights of a Child provides thus:
‘State parties shall take all appropriate legislative,
administrative, social and educational measures to
protect the child from all forms of physical and
mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation including
sexual abuse while with parent(s), legal guardian(s)
or any other person who has the care of the child’.
Article 37 & 40 of the United Nations Convention on
the Rights of a Child further provides thus:
.No child shall be subjected to torture or other cruel,
inhuman or degrading treatment or punishment.
Neither capital punishment nor life imprisonment
without possibility of release shall be imposed for
offences committed by persons below 18 years of
age.
.No child shall be deprived of his or her liberty
unlawfully or arbitrarily. The arrest, detention or
imprisonment of a child shall be in conformity with
the law and shall be used only as a measure of last
resort and for the shortest appropriate period of
time;
.Every child deprived of his or her liberty shall be
treated with humanity and respect for the inherent
dignity of the human person, and in a manner which
takes into account the needs of the persons of their
age. In particular every child deprived of liberty shall
be separated from adults unless it is considered in
the child best interest not to do so and shall have
the right to maintain contact with his or her family
through correspondence and visits, save in
exceptional circumstances;
.Every child deprived of his or her liberty shall have
right to prompt access to legal and other appropriate
assistance as well as the right to challenge legality
of deprivation of his or her liberty before a court or
other competent, independent and impartial authority
and to a prompt decision on any such action.
RIGHTS OF A CHILD IN THE JUSTICE SYSTEM
A child who is involved in the justice system has
many rights.
A child has the right to ask questions about anything
they do not understand. They must know what they
are accused of and have the right to know their
rights. In line with their fundamental human right
and right to defense, these children have the right to
disagree with those who have accused them. These
Children must have access to an informed lawyer
because they are not often knowledgeable about the
law or how justice systems function. Any
conversations they have with the lawyer must be
private and held in the native language or any other
language comprehensible to the child.
These children must be allowed to function in the
justice system without feeling pressure or
intimidation, or fear for their own life or the lives of
their families, especially as witnesses.
The right to compensation can correct wrongs and
help a child to heal whatsoever wrong done to him,
this compensation can come from the one who
committed the crime or even from the government.
These children also have the right to have their
parents or guardian present, these and many more
are the rights of a child in the criminal justice
system.
CONCLUSION
Juvenile law in its original form was built around the
beliefs of care, reform and rehabilitation of any
minor involved in a crime but reverse seems to be
the case today. The enormous task and
responsibility behooves on the government to return
to this good and savoring intentions for juvenile law.
At this juncture, our message is that the securing of
justice for the Nigerian Child should be made a top
priority in our criminal justice system. This suffice
to say that the treatment of the Nigerian Child or
young offenders should be done in conformity with
the law, as a child should not be punished like an
adult.
•Anyalechi is of JURISLAW Associates, Port Harcourt
administrative, social and educational measures to
protect the child from all forms of physical and
mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation including
sexual abuse while with parent(s), legal guardian(s)
or any other person who has the care of the child:
(Article 19 of the United Nations Convention on the
Rights of a Child).
THIS write up ‘Juvenile Law; Securing Justice for the
Nigerian Child’ aims at projecting a clear
understanding of the juvenile justice system and
increasing the awareness of the civil society about
the experience and treatment of juvenile offenders in
Nigeria. This piece of work was borne out of the
pains of seeing the Nigeria child and the young
offenders most times being tried and punished
alongside with the adult offenders. The juvenile
courts are not utilized anymore and there seems to
be no justice for the Nigerian Child.
Each day that passes sees an increase in juvenile
delinquency in Nigeria, most of the juveniles and
young offenders are harshly punished for even petty
offences they commit. The situation of these
children and young offenders is appalling; as they
become the victim of circumstance which they have
no control over. It is even more disheartening that
the law of the country operates not to restrain them
but to punish them. It is worthy of note that the
juvenile law in its original form was intended to care,
reform and rehabilitate any minor found involved in a
crime in the society. However this good plans and
intentions are gradually being washed away.
In attempt to give crystal meaning to this write up, it
will be of utmost importance to begin by giving a
working definition of the subject matter.
WHO IS A JUVENILE?
The Black’s Law Dictionary, 9th edition defines a
juvenile to be ‘A person who has not reached the
age (usually 18) at which one can be treated as an
adult by the criminal justice system’ a juvenile is
seen as a minor or a child.
The Children and Young Persons Law (CYPL) sees a
child as a person under the age of 14 years. The OAU
charter on the Rights & Welfare of a Child views a
child as a person under the age of 18 years, also the
United Nations Convention on the Rights of a child
sees a child to be any person or human below the
age of 18 years.
The involvement of these children, minors or young
persons into various anti-social behaviors,
especially behaviors that would be criminally
punished if the act was committed by an adult is the
reason behind this work.
WHAT IS JUVENILE LAW?
Juvenile law, also known as justice for minors, is an
area of law which deals with the actions and well
being of persons who are not yet adults. Juvenile
law tends to protect a minor who is not yet old
enough to be held responsible for criminal acts. In
most circumstances the age definitions are
significant because they determine whether a young
person accused of criminal conduct will be charged
with a crime in adult court or will be required to
appear in juvenile court.
In order for the child’s rights to be respected and
protected, such laws must be specially adapted to
their specific needs. Justice for the minors, as the
name implies, is reserved for those who have not yet
attained legal maturity.
JUVENILE DELIQUENCY
Juvenile delinquency can be referred to as anti-
social behaviors by minors or the habitual
committing of criminal acts or offences by a young
person(s) especially one below the age at which
ordinary criminal prosecution is possible. Juvenile
delinquency can also be said to be any act which is
in violation with the criminal law, committed by a
person who can be referred under the law as a
juvenile, such an act if committed by an adult will
be treated as crime or criminal conduct.
Juvenile delinquency in our society today is
spreading like wild fire. The alarming rate of juvenile
delinquency within the Nigerian society calls for
great concern. It has been referred to by many as a
moral decadence, unruly behaviors and total
departure from the norm. Its definitions,
manifestations and controls are influenced by
families, political, social and economic conditions.
Every member of the society, from our leaders to the
followers share in the blame of the high increase in
juvenile delinquency. It may not be far from the truth
that crime, corruption and moral degeneration today
is the resultant effect of the high increase of juvenile
delinquency in our society.
Furthermore, It may interest you to know that these
children were not criminals while in their mothers’
womb neither were they born criminals. The truth
remains that some of the families where these
children come from have morals burning at its
lowest ebb. The environment and society does not
even help matters as it is been infiltrated with moral
debauchery, also the fighting and killings in politics
is seen as a fuel that amplifies delinquency. What
more can we say? Of a truth, juvenile delinquency in
every society can be traced to certain foundational
factors,
Late Justice Chukwudifu Oputa JSC once said
‘Nothing will happen in our nation and country
which did not first happen in our minds, if wrong is
rampant, if indiscipline is rife, if corruption is the
order of the day, then let’s search our individual
minds for that is where it all begins’
In the view of my Lord Justice as stated above, our
various minds are the origin of these problems. We
therefore humbly submit to the fact that our minds,
our homes and families are the starting point of
juvenile delinquency in our nation and country. It is
of utmost importance to state that the menace of
juvenile delinquency can only be curbed if we can
start addressing it from the our minds.
JUVENILE JUSTICE SYSTEM
Juvenile justice system is seen as a track within the
criminal justice system. The juvenile justice system
is guided by a philosophy of concern, care,
reformation and rehabilitation. The young offenders
are often deemed to be immature and should not be
treated as adult offenders. Otherwise juvenile
delinquents should be considered “misguided” and
therefore rescued or subjected to treatment, or
reformation and rehabilitation program within
correctional institution. (Juvenile Justice &
Administration in Nigeria by E.E.O Alemika & I.C.
Chukuma)
These juveniles and young offenders like we earlier
stated were not ‘born criminals’ but are victims of
circumstances beyond their control. Some were
influenced by social or economic conditions which
could have been addressed by the government of the
day. In event where these young offenders are found
guilty of crimes, they should be given opportunity for
correction, reformation, rehabilitation and be restored
back to the society as useful and law abiding
citizens instead of being convicted, sentenced or
punished like the adult.
THE AGE OF A CHILD & CRIMINAL RESPONSIBILITY
Justice for minor as the name implies, is reserved
for those persons who have not attained the age of
maturity or who are below 18 years as the case may
be. Most times it may be very difficult to ascertain
the actual age of an adolescent to be tried or if he or
she has attained the age of criminal responsibility.
The age of criminal responsibility occurs at a certain
age when national law considers a young offender to
have attained adequate emotional, psychological and
intellectual maturity to take responsibility for
committing a crime. It is important to state here that
the justice system must be tailored to the age of the
offender; this will ensure the confirmation whether
such a person is an adult, a criminally responsible
adolescent or a child
TREATMENT OF JUVENILE OFFENDERS
Juvenile crime often represent a significant
proportion of the total criminal activity in a
community. It is usually assumed that adolescents
deserve and require special handling because they
are in a formative period and criminal behavior at
this stage of life may not necessarily be continued
into adulthood. Therefore, rehabilitation has
particular appeal for use with juveniles.
The child is seen as a vulnerable member of the
society deserving special protection. The child by
his physical and mental immaturity needs special
safeguard and care, including appropriate legal
protection from the government. The protection of
the rights of a child and treatment of juvenile
offenders is protected and regulated by several
International Legal Instrument i.e. Conventions and
Charters.
Article 19 of the United Nations Convention on the
Rights of a Child provides thus:
‘State parties shall take all appropriate legislative,
administrative, social and educational measures to
protect the child from all forms of physical and
mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation including
sexual abuse while with parent(s), legal guardian(s)
or any other person who has the care of the child’.
Article 37 & 40 of the United Nations Convention on
the Rights of a Child further provides thus:
.No child shall be subjected to torture or other cruel,
inhuman or degrading treatment or punishment.
Neither capital punishment nor life imprisonment
without possibility of release shall be imposed for
offences committed by persons below 18 years of
age.
.No child shall be deprived of his or her liberty
unlawfully or arbitrarily. The arrest, detention or
imprisonment of a child shall be in conformity with
the law and shall be used only as a measure of last
resort and for the shortest appropriate period of
time;
.Every child deprived of his or her liberty shall be
treated with humanity and respect for the inherent
dignity of the human person, and in a manner which
takes into account the needs of the persons of their
age. In particular every child deprived of liberty shall
be separated from adults unless it is considered in
the child best interest not to do so and shall have
the right to maintain contact with his or her family
through correspondence and visits, save in
exceptional circumstances;
.Every child deprived of his or her liberty shall have
right to prompt access to legal and other appropriate
assistance as well as the right to challenge legality
of deprivation of his or her liberty before a court or
other competent, independent and impartial authority
and to a prompt decision on any such action.
RIGHTS OF A CHILD IN THE JUSTICE SYSTEM
A child who is involved in the justice system has
many rights.
A child has the right to ask questions about anything
they do not understand. They must know what they
are accused of and have the right to know their
rights. In line with their fundamental human right
and right to defense, these children have the right to
disagree with those who have accused them. These
Children must have access to an informed lawyer
because they are not often knowledgeable about the
law or how justice systems function. Any
conversations they have with the lawyer must be
private and held in the native language or any other
language comprehensible to the child.
These children must be allowed to function in the
justice system without feeling pressure or
intimidation, or fear for their own life or the lives of
their families, especially as witnesses.
The right to compensation can correct wrongs and
help a child to heal whatsoever wrong done to him,
this compensation can come from the one who
committed the crime or even from the government.
These children also have the right to have their
parents or guardian present, these and many more
are the rights of a child in the criminal justice
system.
CONCLUSION
Juvenile law in its original form was built around the
beliefs of care, reform and rehabilitation of any
minor involved in a crime but reverse seems to be
the case today. The enormous task and
responsibility behooves on the government to return
to this good and savoring intentions for juvenile law.
At this juncture, our message is that the securing of
justice for the Nigerian Child should be made a top
priority in our criminal justice system. This suffice
to say that the treatment of the Nigerian Child or
young offenders should be done in conformity with
the law, as a child should not be punished like an
adult.
•Anyalechi is of JURISLAW Associates, Port Harcourt
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