Juvenile law: Securing justice for the Nigerian child

'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

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