JUVENILE JUSTICE ADMINISTRATION

TOPIC OF THE DAY

- CRIMINAL RESPONSIBILITY

- ARREST OR CUSTODY OF CHILDREN AND YOUNG PERSONS

- JUVENILE WELFARE COURTS

Criminal Responsibility

Criminal responsibility refers to the age and mental capacity at which a person can be held legally responsible for their actions under criminal law. In Nigeria, the key statutes governing criminal responsibility include the Criminal Code Act (for Southern Nigeria) which provides under section 30 that a person under the age of seven years is deemed incapable of committing an offense. Additionally, a child under twelve years old cannot be held criminally responsible unless it is proven that they had the capacity to know that they ought not to do the act or make the omission at the time and the Penal Code Act (for Northern Nigeria) which provides the same under section 50. See the case of Modupe v. The State (1988) 4 NWLR (Pt. 87) 130 where the court highlights the requirement of proving the capacity of a child aged between seven and twelve to know the nature and wrongfulness of their actions before they can be held criminally responsible.

Arrest or Custody of Children and Young Persons

The arrest or custody of children and young persons in Nigeria is governed by the Child Rights Act 2003 which provides comprehensive protection for children’s rights under section 221 which stipulates that the arrest, detention, or imprisonment of a child should be used only as a measure of last resort and for the shortest possible period, the Criminal Procedure Act (CPA) under section 368 states that no child shall be detained in a police cell unless it is impossible to avoid, and in such cases, the child should not associate with adult detainees, and the Administration of Criminal Justice Act (ACJA) 2015 under section 15 mandates that children in conflict with the law should be treated in a manner that promotes their sense of dignity and worth. It also requires the establishment of specialized police units to handle cases involving children. These statutes emphasize the protection and welfare of children and young persons during legal processes. See the case of Ozidi v. COP (1973) NNLR 33 where the court underscored the necessity of separating children from adult offenders in detention to protect their welfare and prevent undue influence.

Juvenile Welfare Courts

Juvenile Welfare Courts, also known as Family Courts, are specialized courts established to handle cases involving children and young persons. The courts are composed of judges and magistrates who have received special training in child psychology and welfare. The primary legislation guiding the operation of these courts in Nigeria is the Child Rights Act 2003 under sections 149-153 which detailed the establishment, jurisdiction, and procedures of Family Courts. These sections emphasize child-friendly approaches and the importance of rehabilitation over punishment and also the Lagos State Child Rights Law 2007. See the Family Courts Case (Re: Ijeoma (Minor)) (2008) 15 NWLR (Pt. 1110) 227 where the court illustrates the application of child-centric principles in Family Courts, where the court prioritized the best interests of the child in its judgment.