Detaining minors in Nigeria poses a pressing issue that raises concerns about protecting children’s rights.
Despite legal protections, reports suggest that authorities sometimes detain minors alongside adults, exposing them to risks of abuse and neglect.
Efforts to improve the situation focus on ensuring that minors receive treatment in accordance with international standards, with an emphasis on rehabilitating and reintegrating them into society.
Addressing these challenges requires taking a comprehensive approach that prioritizes the well-being and future prospects of young individuals caught up in the justice system.
In Nigeria, recent protests against economic hardship led to the detention of 76 individuals, including 32 minors charged with treason and inciting a military coup.
Read also: Explainer: What The Law Says About a Nigerian Child`s Rights
Background
On August 1, a 10-day protest tagged #EndBadGovernance erupted nationwide, championed by activists, civil society groups, social media influencers, and ordinary citizens.
They took to the streets and social media to protest against economic hardship and poor governance.
They hoped to pressure the government to reduce the cost of governance, and revive the petrol subsidy regime, among others.
However, the protest turned violent in some parts of the country where public properties were vandalized and about 56 journalists were harassed, 22 civilians including minors lost their lives and about 1200 protesters were arrested nationwide.
On Friday, November 1, 2024, authorities accused 76 of the arrested protesters of treason and conspiracy to sabotage Nigeria during their appearance at the Federal High Court in Abuja for their scheduled arraignment before Justice Obiora Egwuatu.
Among the 76, 32 were minors, all charged with treason and inciting a military coup. These minors, aged 14 to 17, had been arrested during the August protests and faced severe conditions in detention, with reports of malnutrition.
During the protest from August 1-10, 2024, they protested against worsening governance and insecurity. Reports indicated that several minors collapsed in court due to malnutrition after spending three months in custody without adequate food or medical care.
At the resumption of the trial, four malnourished protesters collapsed and needed immediate assistance to leave the courtroom.
The four protesters who collapsed in court include; Usman Fatihu, Muhammed Yahaya, Muktar Ishak Alhassan and Mustapha Ibrahim.
The court later granted bail to 67 of the 76 protesters at N10 million each.
The adults had to present sureties who were at least level 15 civil servants, while the court struck off the names of the four ailing minors from the charges.
Justice Egwuatu then stated that the minors only required their parents or guardians to stand as their sureties and ordered the remand of the adults in Kuje Correctional Services, while the minors went to Bostal Homes until all bail conditions were met.
The judge then adjourned the matter until 24 January for trial.
Legal Framework on Detention of Minors
In Nigeria, the detention of minors is governed primarily by the Child Rights Act (CRA) of 2003, the Criminal Procedure Act (CPA) and the Children and Young Persons Act (CYPA).
Key provisions of CRA
- Section 221 of the CRA prohibits imprisonment for children and mandates that detention should only occur for serious offenses, ensuring conditions that respect the child’s rights.
- Section 218 of Nigeria’s Child Rights Act (CRA) emphasizes rehabilitation over punishment for children in conflict with the law. It mandates that if a child is not released on bail, they must be remanded to a State Government accommodation rather than a punitive facility. The court can impose conditions for remand but must prioritize the child’s welfare and rehabilitation needs, ensuring they are not subjected to harsh treatment or isolation. Additionally, security measures are only applicable for older children charged with serious offenses.
The Nigerian Criminal Code also addresses the detention of minors primarily through the following sections:
- Section 30 establishes that a child under the age of seven is not criminally responsible, while a child between seven and twelve can only be held accountable if they can understand their actions.
- Section 295: Allows for corporal punishment by parents for correction but is limited to children under sixteen.
The Children and Young Persons Act (CYPA) of Nigeria also outlines aspects regarding the detention of minors:
- Definition of Minors: A “child” is defined as someone under 14 years old, while a “young person” is between 14 and 17 years old, establishing legal categories for treatment (Section 2).
- Section 11 (2) of the CYPA states that “no young person shall be ordered to be imprisoned if he can be suitably dealt with in any other way; whether by probation, fine, corporal punishment, committal to a place of detention or to an approved institution or otherwise.”
- Section 14 (f) of CYPA provides that where a child or young person charged with any offence is tried by a court, and the court is satisfied of his guilt, the court shall take into consideration the manner in which under the provisions of this or any other Ordinance, the case should be dealt with, whether by ordering the offender to be whipped. Also, whenever a male person, who in the opinion of the court has not attained seventeen years of age, has been found guilty of any offence, the court may, in its discretion, order him to be whipped in addition to or in substitution for any other punishment to which he is liable. In addition to imprisonment, other violent and sexual offences also attract a sentence of whipping. Those provisions did not make any demarcation between child offenders and adults.
Criteria for Detaining Minor
In Nigeria, the criteria for detaining a minor are primarily outlined in the Child Rights Act (CRA) and the Criminal Code. Key points include:
- Age of Criminal Responsibility: Children under 7 years are not criminally responsible, while those between 7 and 12 can only be detained if they can understand their actions (Criminal Code, Section 30).
- Serious Offenses: Detention is permissible for minors found guilty of serious crimes like murder or robbery, but it must be a last resort and for the shortest appropriate period (CRA, Section 222).
- Social Inquiry Reports: Before detention, a court must consider a social inquiry report detailing the child’s background and circumstances under which the offences have been committed(CRA, Section 219).
- Alternative Measures: Courts can impose alternatives to detention, such as probation or care orders, focusing on rehabilitation rather than punishment (CRA, Sections 218)
Section 223 of the Child Rights Act (CRA) in Nigeria also emphasises non-custodial measures for minors. It stipulates that confinement should be a last resort, promoting alternative measures such as supervision, guidance, restitution, and victim compensation for minor offences.
Alternative measures of dealing with minors as mentioned in section 223 of CRA in Nigeria include:
- Community-Based Programs: These focus on rehabilitation rather than punishment, utilizing local resources and support systems.
- Foster Care: Specialized foster care programs provide therapeutic support and supervision for minors, aiming to address behavioural issues while keeping them in a family setting.
- Restorative Justice: This approach emphasizes repairing harm through community involvement and dialogue, allowing minors to make amends without formal incarceration.
- Supervision and Guidance: Courts can mandate community service or probation, ensuring minors remain engaged in education and family life while under supervision.
Section 14 of the CYPA also states that, where a child or young person is found guilty in a court, the court is given a considerable range of options for dealing favourably with such offender namely:
(i) by dismissing the charge or
(ii) by discharging the offender on his entering into recognizance or
(iii) by committing the offender and placing him under the supervision of a probation officer; or
(iv) by committing the offender by means of a corrective order to the care of a relative or other fit person; or
(v) by sending the offender by means of a corrective order to an approved institution; or
(vi) by ordering the offender to be caned; or
(vii) by ordering the offender to pay fine, damages or costs; or
(viii) by ordering the parent or guardian of the offender to pay a fine, damages or cost; or
(ix) by ordering the parent or guardian of the offender to give security for his good behaviour; or
(x) by committing the offender to custody in a place of detention provided under the law; or
(xi) where the offender is a young person, by dealing with the case in any other manner in which it may be legally dealt with.
Reactions from Prominent Persons and Organisations
Civil Society Legislative Advocacy Centre (CISLAC) condemned the detention, highlighting reports of maltreatment and malnutrition among the minors, and called for intervention from First Lady Senator Oluremi Tinubu and President Bola Tinubu to ensure their release
Human Rights Writers Association of Nigeria (HURIWA) has also voiced strong opposition to the treatment of these minors, emphasizing the need for compassion and justice, and urging an investigation into their detention conditions.
Senator Sani Musa called it inhumane and unjust, and emphasized the need for compassion towards these children.
SERAP (Socio-Economic Rights and Accountability Project) condemned the detention of minors involved in the #EndBadGovernance protests, stating that the Nigerian government must “immediately release the 76 #EndBadGovernance protesters and drop all charges of ‘treasonable felony’ against them.”
The Nigerian Bar Association (NBA) condemned the detention of minors involved in protests, emphasizing that it violates both domestic and international laws.
In her post on X, Dr Oby Ezekwesili also denounces the disturbing act of the Federal High Court by asking a series of questions and emphasizing the immediate need to release the minors.
She wrote “How did the Nigerian Constitution become so useless that the Nigerian Judiciary @njcNig could allow such violations of the rights of these minors to happen at such egregious levels? The NBA @NigBarAssoc , where are you?
“What exactly is this, our dear Chief Justice of Nigeria? Can we the Citizens of Nigeria count on you for a clean sweep of this version of our Judiciary?
“These children must be swiftly released to their parents and guardians, and adequately compensated for the damages done them by the Nigerian State.”
Co-Authored by Samuel Sodunke