Prosecution of Minors in Nigeria: Legal Framework, Child Challenges, and Implications

The prosecution of minors in Nigeria is a complex subject at the convergence of juvenile justice and human rights law. The legal system, while largely influenced by international conventions, remains bound by Nigerian cultural, socio-economic, and legal realities, often presenting unique challenges in addressing juvenile offences.

This article delves into the framework surrounding the prosecution of minors in Nigeria, discussing the age of criminal responsibility, the rights of minors in the judicial system, and the general legal position regarding juvenile prosecution.

The Constitution of the Federal Republic of Nigeria did not define a “child”. The Black’s Laws Dictionary defines a child as a person under the age of majority. The Labour Act 2004 defines a child as a young person under the age of twelve years and a young person as one under the age of fourteen years. The Children and Young Persons Act 2004 defines a child in section 2 as a person under the age of fourteen years and a young person to mean a person who has attained the age of fourteen years and is under the age of seventeen years.

The African Charter on the Right and Welfare of the Child defines a child in Article 2 as every human being below the age of eighteen years. The United Nation’s Convention on the Rights of the Child defines a child as a person below the age of eighteen years except in the law applicable to the child, the age of majority is attained earlier.

The Child Rights Act in section 277 defines a child as a person below the age of eighteen years. It must be noted at this juncture that, legislation on issues concerning children in Nigeria is in the residuary legislative list and as such each state can make laws on this subject. Individual states are meant to adopt and implement the Child Rights Act in their various States.

Under Nigerian law, the age of criminal responsibility is set at 7-12 years, according to Section 30 of the Criminal Code (applicable in Southern Nigeria) and Section 50 of the Penal Code Act (applicable in Northern Nigeria). This implies that children below the age of 7 are irrebuttably presumed to be doli incapax, a Latin term meaning “incapable of crime.”

They are presumed to lack the capacity to understand the implications of their actions and thus cannot be held criminally liable. This provision aligns with international standards that advocate for a minimum age of criminal responsibility, ensuring that young children are protected from the punitive aspects of the criminal justice system.

Between the ages of 7 and 12, Nigerian law applies a rebuttable presumption of doli incapax, where a minor in this age group may be prosecuted if it can be proven that they had the mental capacity to understand the nature and consequences of their actions. If a minor’s capacity is successfully established in court, they may be held criminally responsible, though they are generally afforded protections and consideration different from adults.

This is why the third paragraph of section 30 of the Criminal Code provides that a person under the age of 12 years is presumed to be incapable of having carnal knowledge; that is, a person under the age of 12 cannot be held liable for the offence of rape. There is however no equivalent provision under the Penal Code.

The Criminal Law of Lagos State 2011 has abolished the different ages of criminal responsibility and now stipulates in section 30 that a person under the age of 10 years is not criminally responsible for any act or omission. This implies that the presumption of incapacity in favour of minors between the ages of 7-12 years and the incapability of a child under 12 years to have carnal knowledge is no longer applicable in Lagos State.

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The Nigerian legal system has established specific protections and procedural considerations in the prosecution of minors. These protections align with Nigeria’s obligations under international conventions, such as the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child, both of which advocate for child-sensitive approaches in handling juvenile offenders.

Additionally, the Child Rights Act (CRA), adopted in 2003, provides a more child-centered legal framework for the protection of minors within the administration of criminal justice system. Here, we explore the various aspects of Nigerian law regarding juvenile prosecution.

The Nigerian juvenile justice system operates under principles aimed at ensuring that minors are treated fairly, with emphasis on their rehabilitation and reintegration into society rather than punishment. The legal framework is intended to consider the unique needs of young offenders, avoiding severe punitive measures that could hinder their development and reformation. Key principles include:

Best Interest of the Child: This is the foundational principle enshrined in the Child’s Rights Act, emphasizing that all judicial and administrative actions regarding children must prioritize the child’s best interest. The CRA explicitly prohibits subjecting minors to cruel, inhumane, or degrading treatment, underscoring the need to handle their cases in a manner that promotes dignity and respect.

Rehabilitation over Punishment: Juvenile justice focuses on rehabilitating minors rather than imposing punitive sentences. Sentences aim to guide the child back to constructive behaviour and prevent future offences, using alternatives to incarceration wherever possible.

Avoidance of Criminal Records: The Nigerian juvenile justice system encourages non-penal measures such as community service and probation for minors to prevent them from obtaining criminal records that may affect their future. In essence, minors should not carry a stigma for offences committed in their youth.

The primary laws governing the prosecution of minors in Nigeria include the Child Rights Act (CRA) and the Children and Young Persons Act (CYPA), in addition to the Criminal Code and Penal Code, which outline general criminal liabilities. Some states of the federation have equally enacted their Child’s Right Laws.

Child Rights Act (CRA): Enacted in 2003, the CRA incorporates principles from international child protection conventions. The Act provides protections such as prohibiting capital punishment, life imprisonment, or corporal punishment for minors. It mandates separate facilities and courts for minors, specialized procedures, and an emphasis on restorative justice over retribution.

Children and Young Persons Act (CYPA): This law applies mainly in states that have not fully adopted the CRA and provides procedures for handling minors in conflict with the law. It includes stipulations on age limits, detention centers, and trial procedures, such as the need for a Juvenile Court with specialized personnel trained in child psychology and welfare.

Nigeria’s juvenile justice system is designed to operate separately from the adult criminal justice system, with dedicated Juvenile Courts to handle cases involving minors. Section 205 of the CRA guarantees the privacy of a child undergoing criminal trial. The Act mandates that Juvenile Courts conduct proceedings in a non-adversarial manner, with hearings held privately to protect the child’s identity.

Similarly, Section 206 provides that, Judges, Magistrates and Officers of the Specialized Children Police Unit involved in juvenile cases are expected to be specially trained in handling minors, and the presence of a probation officer is often required to provide assessments that inform the court’s decisions on appropriate interventions and sentencing.

The Juvenile Court’s procedures focus on rehabilitation, counselling, and guidance, taking into account the minor’s age, mental state, family background, and educational needs. The involvement of parents, guardians, and social workers is encouraged, ensuring a support system is in place for the minor’s reformation.

In Nigeria, sentencing of minors is considerably less severe than that of adults, with the goal of protecting young offenders from the harmful effects of prolonged detention. Some key aspects of detention and sentencing for minors include:

Separate Facilities: The CRA requires that minors are held in separate facilities from adult offenders, thereby protecting them from potentially harmful interactions with adult criminals. This is in line with the UN Standard Minimum Rules for the Administration of Juvenile Justice 1985 (Beijing Rules), which stresses the importance of protecting young offenders from negative influences.

Non-custodial Sentences: Courts are encouraged to impose non-custodial measures, such as probation, community service, and counseling, instead of incarceration. For instance, section 221 of the CRA provides that, no child shall be imprisoned or subjected to corporal punishment. When detention is deemed necessary, it should be used only as a last resort and for the shortest possible duration.

Probation and Parole: Under the CYPA and CRA, the court may release minors on probation, allowing them to remain in the community under the supervision of a probation officer, this is in line with section 223(1) of the CRA. Provisional or supervised release aim at reintegrating minors into society thereby encouraging positive behavioural change is highly encouraged.

Despite the legal provisions, the prosecution and rehabilitation of minors in Nigeria face several practical challenges, these include but not limited to:

Non-uniform Adoption of the CRA: The Child Rights Act has not been uniformly adopted across Nigeria’s states, leading to disparities in juvenile justice practices. Some states continue to rely on outdated provisions of the CYPA, which may not align with modern standards for child rights and protection.

Lack of Specialized Juvenile Courts and Facilities: While the CRA mandates specialized Juvenile Courts and detention facilities, many states lack the resources to establish these institutions. Consequently, minors are sometimes tried in regular courts and may even be detained in adult prisons, exposing them to adverse influences and violating their rights.

Inadequate Training for Law Enforcement and Judicial Personnel: Law enforcement and judicial personnel often lack training in handling juvenile cases, which can lead to inappropriate treatment of minors, including excessive punitive measures and procedural lapses. Training in child psychology and juvenile law is essential to ensure that minors are handled with the necessary sensitivity and adherence to best practices.

Poor Access to Legal Representation: Minors in Nigeria frequently face challenges in accessing adequate legal representation due to financial constraints or limited availability of juvenile advocates. This lack of legal support may lead to violations of due process rights and unfair treatment in the judicial system.

Nigeria’s juvenile justice system is significantly influenced by international conventions. The country is a signatory to key treaties, including the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child, both of which advocate for the protection and promotion of children’s rights in the justice system.

The CRC, for instance, sets forth guidelines that require states to establish minimum age limits for criminal responsibility, prioritize rehabilitation over punitive measures, and ensure fair treatment of minors. Nigeria’s juvenile justice laws reflect these commitments, though their practical implementation remains a challenge.

These international conventions serve as a benchmark, pushing Nigeria to reform its juvenile justice system in line with global standards.

As stated earlier, the ultimate goal of the juvenile justice system is to rehabilitate minors, providing them with the skills and support necessary to reintegrate into society and lead constructive lives. Rehabilitation involves various programs, including education, vocational training, and psychological counselling.

Social reintegration aims to reinstate minors in society, ensuring they have access to opportunities that deter future criminal behaviour. The CRA and CYPA mandate that institutions involved in juvenile detention provide access to these services.

However, inadequate funding and resource constraints limit the availability and effectiveness of rehabilitation programs in Nigeria. Many juvenile detention centers are underfunded and lack the necessary infrastructure and qualified personnel to deliver rehabilitative services, impeding the system’s ability to achieve its objectives.

The prosecution of minors in Nigeria is governed by a framework aimed at safeguarding their rights while addressing the need for accountability. Though Nigeria has made strides in protecting minors in conflict with the law through the Child Rights Act and other juvenile justice laws, practical challenges persist, hindering the realization of these legal provisions.

The inconsistent adoption of the CRA across states, limited access to Juvenile Courts and specialized facilities, and a lack of trained personnel underscore the need for systemic improvements.

For Nigeria to fully align its juvenile jurisprudence with international standards, it must prioritize implementing and enforcing juvenile-specific provisions across all regions. This includes expanding access to Juvenile Courts and facilities, ensuring non-custodial alternatives are available, and investing in rehabilitation and social reintegration programs.

By doing so, Nigeria can create a more balanced and compassionate juvenile justice system, one that truly reflects the principle that children in conflict with the law are entitled to protection, rehabilitation, and the chance to re-establish themselves as positive members of society.

AUTHOR; JUSTICE OJIENOH