Protecting Minors in Nigeria’s Criminal Justice System
What more can we say? The recent detentions of minors for participating in peaceful protests against governance issues shed light on critical flaws in Nigeria’s criminal justice system, raising deep concerns about the balance between maintaining social order and respecting constitutional rights.
Young citizens in states like Kano, Kaduna, and Borno have been detained for exercising their right to peaceful assembly—an unsettling development that points to underlying issues in how Nigeria’s justice system treats its most vulnerable. Beyond legal implications, the incident also highlights a humanitarian and social failure, demanding a thorough re-evaluation of Nigeria’s juvenile justice approach and an emphasis on sustainable, community-based alternatives that can truly rehabilitate minors.
Nigeria’s legal framework, especially regarding juvenile justice, is fraught with systemic inefficiencies that disproportionately affect marginalized groups, including minors. Hundreds of children are currently held in detention centers nationwide, often for nonviolent offenses, without timely trials or adequate legal representation. The grim conditions in these facilities, marked by overcrowding, limited resources, and a lack of basic healthcare or mental health support, exacerbate the trauma of detention and contribute to a cycle of recidivism.
While the Child Rights Act of 2003 mandates that detention should be a last resort and advocates alternatives to imprisonment, implementation has been inconsistent, as only two-thirds of Nigeria’s states have domesticated the law. Even in states where the Act is in force, enforcement remains patchy. As a result, minors from disadvantaged backgrounds often face prolonged detention without due process. The situation also highlights the urgency of amending the Child Rights Act to align it with global standards for protecting children, ensuring uniform application across Nigeria, and strengthening accountability for any rights violations by law enforcement.
Nigeria’s history is rich with youth-led activism, from the #EndSARS protests to the #EndBadGovernance movement. These events have shown the determination of young Nigerians to demand accountability and transparent governance. Yet, the recent crackdown on youth protesters, many under the age of 18, points to an unsettling shift in how the government responds to civic engagement. Detaining minors for peacefully voicing dissent not only violates the Child Rights Act but also contravenes international agreements, such as the United Nations Convention on the Rights of the Child, to which Nigeria is a signatory.
By criminalizing young protesters, authorities risk discouraging future generations from participating in democratic discourse, a worrying prospect in a country where over half the population is under 19. When a society silences its youth, it stifles future progress and undermines its democratic foundation. Engaging youth in governance discussions and protecting their right to peaceful protest is essential to foster a resilient society where citizens feel empowered to contribute to national progress.
Nigeria’s corporate sector has a significant role to play in transforming juvenile justice through corporate social responsibility (CSR) initiatives. Businesses and nonprofits can collaborate to fund community-based rehabilitation programs that offer minors alternatives to detention, such as counselling, skills training, and community service. By shifting away from punitive measures and focusing on social reintegration, CSR-driven initiatives could reshape the way Nigeria treats minors in conflict with the law. These initiatives not only reduce repeat offenses but also encourage corporate entities to become active stakeholders in building a more equitable society.
Safe spaces and rehabilitation centers can provide structured, positive environments for minors, giving them the tools and support to reintegrate successfully into society. Programs that emphasize education, mentorship, and mental health support are essential to break the cycle of re-offending and help youth build constructive lives. Champion Breweries, for instance, could partner with local governments to fund such initiatives in Akwa Ibom, setting an example of community engagement and commitment to Nigeria’s future generations.
CSR REPORTERS recommends, a thorough overhaul of the judicial process is needed to address the backlog of cases and ensure minors receive timely trials. Infrastructure investment, coupled with the training of law enforcement and judicial staff on child protection, can significantly improve the efficiency and fairness of the system. Existing juvenile courts should be expanded and staffed with professionals trained to work with minors, ensuring cases are handled sensitively and with a focus on rehabilitation rather than punishment.
Amending the Child Rights Act to include specific penalties for crimes against minors and mandating alternatives to detention would further align Nigeria’s juvenile justice system with international standards. Encouraging states that have not yet domesticated the Act to do so would create a unified legal framework across Nigeria. Importantly, these reforms must go hand in hand with training law enforcement on managing protests involving minors and adhering to child protection protocols. Establishing dedicated child protection units within police departments could also provide a more structured approach to dealing with cases involving minors.
Building a sustainable criminal justice system requires moving beyond temporary solutions and addressing the systemic flaws at the root of juvenile injustice. Effective reform should include policies that support social reintegration, uphold the rights of minors, and promote community-based alternatives to detention. By working with civil society, human rights advocates, and corporate entities, the government can build a justice system that respects democracy, upholds fundamental rights, and provides young Nigerians with a chance to thrive.
In the long run, Nigeria’s path to reforming its criminal justice system must prioritize the welfare of minors and focus on interventions that support social reintegration. As a nation, Nigeria must decide whether it will continue to punish its youth for speaking up or work towards a system that protects their rights and nurtures their potential. By investing in sustainable, humane justice practices, Nigeria can ensure a brighter future for all, starting with its most vulnerable citizens.
The protection and fair treatment of minors within the criminal justice system are not only legal mandates but moral imperatives that underscore Nigeria’s commitment to its future. Through comprehensive reform, Nigeria has the opportunity to lead by example and establish a criminal justice system that prioritizes rehabilitation, upholds democratic values, and respects the voices of the next generation.
