JUVENILE JUSTICE ADMINISTRATION IN NIGERIA: A CASE STUDY OF KOGI STATE

CHAPTER ONE

GENERAL INTRODUCTION

1.1    Introduction

The Current system of juvenile justice in Nigeria can not be understood without reference to the country’s colonial past. Historically, the Nigerian criminal justice system derives its origin, principle and philosophy from the British system of criminal justice. In the English criminal justice system, the underlying principle and philosophy was a repressive legal system with oppressive penal institutions which aim was to deter and punish offenders. In the system, there was little or no consideration for reformation, even where such offenders are juveniles. The foregoing colonial legacy understandably explains the fact that the Nigerian Criminal Justice system was created as an important instrument of oppression by the British Colonial government, which has sadly remained an integral part of the Nigerian criminal justices system fifty years after independence.

Within the context of juvenile justice administration in Nigeria, may it be noted that there has been a drift towards the enactment of child-friendly laws in recent past. However, not much impact of these child-friendly laws could be appreciated since the existing institutional framework for juvenile justice administration was inherited from the colonial government.

The major turning point in child specific criminal justice system came in 1948, with the enactment of Children and Young Persons Act (hereinafter referred to as CYPA). The CYPA was re-enacted as State Laws by the various States of the federation.

Importantly, the purpose of the Children and Young Persons Act, was “to make provision for the welfare of the young and the treatment of young

offenders and for the establishment of juvenile courts”.¹

The question however, is to what extent has this law, having being in operation for over six (6) decades ensured that juvenile offenders are specially treated in such a manner as to ensure their rehabilitation and reintegration into the society. It could be further asked, how has the institutional framework in place faired in administering justice to juvenile offenders. All these questions and many more could be answered in the course of this study.

1. Children and Young Persons Act, Cap 32 Laws of the Federation of Nigeria and Lagos 1958

2

In 2003, the Child Rights Act, 2003 was enacted in Nigeria and its subsequent adoption by some States of Federation including Kogi State. So far, twenty-five (25) states have adopted the Child Rights Act as their state law. This development marked an epoch in the history of the commitment of Nigeria government to issues affecting children, particularly juvenile justice administration. However, it may be observed that even in the Federal Capital Territory where the Child Right Act has been in operation for close to ten (10) years now, treatment met for children in conflict with law, or children who violate penal provisions, from the point of arrest, interrogation, trial and detention has left much to be deserved. This situation may be worst, particularly in States where the Act was merely adopted to attract patronage from international donor agencies or to merely fulfil all righteousness in their commitment to pretend to the world, that their government is child friendly and States where the law is not yet adopted.

JUVENILE JUSTICE ADMINISTRATION IN NIGERIA: A CASE STUDY OF KOGI STATE