From delinquency to dignity: Reforming juvenile justice in Nigeria, By Ruth Soronnadi

The problem is well-known, but the lack of political will to implement solutions is evident. Until this lethargy is overcome, true rehabilitation for juveniles will remain an unfulfilled promise in our legislation, devoid of the necessary action.

Child justice administration, especially concerning the rehabilitation of children in conflict with the law, is a critical yet often overlooked issue in contemporary Nigeria. This neglect is like a malignant tumour, rapidly spreading with dire consequences for the future of our nation.

While no comprehensive records exist on the exact number of juvenile delinquents in the country, a 2022 report estimates that around 6,000 children are currently within the criminal justice system. Socio-economic factors such as poverty, pronounced societal inequalities, religious and family conflict, peer pressure, and the negative influence of adult role models contribute to delinquent behaviours. Often, these children are victims of circumstance, rather than being genuine offenders.

Whether offenders or victims, the right of a child to legal protection is inviolable, regardless of age, gender, background, tribe, or religion. It is the government’s responsibility not only to enact laws governing the administration of child justice but also to ensure the effective implementation of these laws, particularly in protecting and rehabilitating children in conflict with the law.

Nigeria has legislation aimed at protecting juveniles, including the Children and Young Persons Act, the Child Rights Act 2003, the Criminal Code, and the Penal Code. Among these, the Child Rights Act of 2003 aligns most closely with international best practices, being an offshoot of the UN Conventions on the Rights of the Child (UNCRC). However, as a federal law, it only becomes operative in the 36 states of the Federation if re-enacted as state law, due to child rights not being on the constitutional legislative list. In addition, Section 12(3) of the Constitution requires that the bill for such laws must be ratified by all states before becoming law. The Child Rights Act, however, was not ratified by all states due to conflicts with religious and cultural norms, leading to only 25 states re-enacting it into law.

Even in states that have enacted the Child Rights Law, the rehabilitation of children in conflict with the law remains deprioritised. This article seeks to highlight this issue, considering the growing youth population and the unchecked increase in juvenile delinquency. It aims to provide solutions that will ensure policy reforms on paper translate into tangible changes in the status quo.

The Child Rights Act (CRA) 2003 defines a child as a person who is under the age of eighteen. Under the CRA, the purpose of the juvenile administration system is to rehabilitate and properly reintegrate offenders into society. The Act mandates that in all actions concerning a child, whether by individuals, public or private bodies, institutions, courts of law, or legal authorities, the best interest of the child must be the primary consideration.

The Act stipulates that detention pending trial should be a measure of last resort, used only for the shortest possible time and replaced whenever possible by alternative measures, such as close supervision, care by and placement with a family, or an educational setting. Furthermore, during detention, a child must receive care, protection, and all the necessary assistance, including social, educational, vocational, psychological, medical, and physical support, tailored to his or her age, gender, and personality.

The Act also prohibits the imprisonment of children, stating that the placement of a child in a government institution should be a last resort, ordered only if no other option is available. The court must document its reasons for such orders and ensure a vacancy in the intended institution.

Despite these laudable provisions, their implementation is hindered by the lack of enabling systems and structures. Presently, there are only three borstal institutions in Nigeria, located in Ogun, Kwara, and Kaduna states, contrary to the Correctional Services Act 2019, which provides for one borstal institution in each state. These institutions are supposed to offer education to young offenders, but they are so neglected and dilapidated that they now contradict their rehabilitative purpose.

A 2022 feature by Hum Angle revealed that the Kaduna borstal institution employs total confinement, including a dungeon known as the Black Cell, with living conditions designed to break the resolve of young offenders and dehumanise them. Similarly, the only known remand home in South East Nigeria, located in Abakaliki, has living conditions reminiscent of the slave trade era, which is utterly unsuitable for rehabilitation.

It is, therefore, unsurprising that juveniles often end up in overcrowded prisons with adult offenders, both before and after trial, with some having their ages falsified by law enforcement for easier processing. This exposes them to criminal influences from adult inmates, hardening them and making rehabilitation and reintegration nearly impossible. Young people are highly impressionable, and their experiences — whether first or second-hand — shape behaviours carried into adulthood. While there is no solid empirical data on the rates of juvenile recidivism in Nigeria due to poor data collection and reporting mechanisms, a 2010 estimate put the prevalence of recidivism in Nigerian custodial centres at 52.4 per cent. Given the recent rise in crime rates, there is no indication that this tendency has decreased.

Apart from the 2022 news about the inauguration of a Committee for the Reformation of Borstal Institutions by the Attorney General and Minister of Justice, Abubakar Malami, and a bill proposed by the Minister of Interior, Rauf Aregbesola, to address the challenges of underage inmates, little has been done to remedy this situation.

It is crucial that the issue of juvenile rehabilitation is promptly revisited, as this is an essential step in curbing recidivism and promoting preventive justice within our legal system.

Rehabilitation and reformation work best with individualised services for smaller groups, as seen in foster programmes. The government should consider partnerships with families and organisations interested in foster programmes, where juveniles are placed with families that provide the attention, guidance, and care they lacked from their parents. Alternatives to institutionalisation should be proactively explored. Research has shown that counseling interventions have the most significant positive impact on reducing recidivism, followed by coordinated services and skill-building programmes. In cases where institutionalisation is unavoidable, borstal institutions should implement group-based, mentoring-focused counseling, combining various types of support— psychological, medical, spiritual, educational, and moral.

This article builds on several other recommendations on this issue. The problem is well-known, but the lack of political will to implement solutions is evident. Until this lethargy is overcome, true rehabilitation for juveniles will remain an unfulfilled promise in our legislation, devoid of the necessary action.

Ruth Soronnadi is a lawyer, chartered mediator, and administrator.