Child’s Rights Law (CRL) was introduced in Lagos State in 2007. Six years after its domestication, it became imperative to assess the challenges in the application of the justice provisions by different child justice administrators such as social welfare officers, the police, non-governmental organization (NGO) workers, Nigerian Bar Association (NBA) lawyers, International Federation of Women Lawyers (FIDA), family court judges and magistrates. The focus of this paper is, therefore, to present the findings from social welfare officers working in family courts in Lagos State. As at the time of the study, there were six family courts but only four were functional. The study was an exploratory and qualitative survey. A focus group discussion (FGD) was organized among a purposive sample of six assessors and supervision officers. Results indicated that all the participants claimed that social workers were not invited to participate in the formulation of the CRL. The results revealed some.
See Full PDF See Full PDFThis paper analyses the development of child justice during three main periods in Nigeria. From 1914-1943, juvenile delinquency emerged as a distinct social problem; specific laws were enacted relating to children and Reformatory and Industrial Schools were established across the country. From 1943-2003, the colonial masters enacted the Children and Young Persons Ordinance for the treatment of young offenders. After independence in 1960, this remained the law regulating juvenile justice. However, most juvenile offenders were not granted bail by the police and the juvenile court structure and procedure were not protective. Offenders were sent to institutions but extensive research carried out across the country shows that the facilities for rehabilitation were non-existent at such institutions. This paper argues that the period, 20032014, has recorded positive improvement. The Child Rights Act 2003 introduces key reforms such as codified legal rights for children, diversion, Centrali.
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Objectives: There are three courts with different theoretical underpinning administering child justice in Nigeria. The Juvenile Court is premised on the rehabilitative ideal but researches have shown that the apparatus to fulfill this ideal is non-existent. The Sharia Court composition is radically different and the procedure used in such courts follow strict Islamic legal precepts. Invariably, child offenders are not given adequate protection guaranteeing justice. Prior Work: This article assesses child justice in these courts to determine the extent of protection of child offenders. They are young, immature and very vulnerable. Over the years, various studies have demonstrated the need for change in the above courts. Value: Based on law, the article examines the provisions creating the new Family Courts. These provisions accord with international juvenile justice standards established to grant justice to such offenders. The Family Court, just as it is being used for several purpos.
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BEING A THESIS SUBMITTED TO THE POST GRADUATE SCHOOL, AHMADU BELLO UNIVERSITY, ZARIA, NIGERIA
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Acta Universitatis Danubius. Juridica
There are three courts with different theoretical underpinning administering child justice in Nigeria. The Juvenile Court is premised on the rehabilitative ideal but researches have shown that the apparatus to fulfill this ideal is nonexistent. The Sharia Court composition is radically different and the procedure used in such courts follow strict Islamic legal precepts. Invariably, child offenders are not given adequate protection guaranteeing justice. Prior Work: This article assesses child justice in these courts to determine the extent of protection of child offenders. They are young, immature and very vulnerable. Over the years, various studies have demonstrated the need for change in the above courts. Value: Based on law, the article examines the provisions creating the new Family Courts. These provisions accord with international juvenile justice standards established to grant justice to such offenders. The Family Court, just as it is being used for several purposes in other jurisdictions, is a recent development in Nigeria. Implications: This article assesses the structure and procedure of this new court and proposes it as being best suited for child offenders.
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Justice Policy Journal
The legal and institutional frameworks for child offenders in Nigeria are punitive. The Children and Young Persons Law 1943 contains provisions with inadequate guidelines. Judges are granted wide discretionary powers in sentencing resulting in offenders being sent to custodial institutions with scarce infrastructure. Recognizing the need for a change, the Child Rights Act was enacted in 2003. It introduces the use of diversion, albeit for minor offences. This paper examines the challenges of using diversion. It proposes that diversion is workable against the backdrop of the nature of juvenile offending in Nigeria. There is also the issue of bifurcation, hence, apart from specified listed offences in the Act, all other offences can be deemed “minor”. Moreover, the paper canvasses the necessity of widening the use of other non custodial measures in the Act for any meaningful reform.
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Children's Legal Rights Journal
After dilly-dally for over ten years, Nigeria finally enacted the Child Rights Act (CRA) in 2003. Being a federal state, it is imperative for the various states to adopt and enact the CRA. However, sequel to the adoption of CRA by some states, the Supreme Council of Sharia asserted that “CRA will abolish the very basis and essence of the sharia and Islamic culture” and therefore called for its absolute rejection. In reality, there are fundamental differences in the philosophical underpinning and several provisions of the CRA and Sharia. For example, provisions of CRA in respect of adoption, marriage, custody, family court etc are fundamentally different from Islamic personal law. Moreover, the child oriented justice approach of CRA in respect of children in conflict with the law is contrary to the Sharia criminal law in which both adults and children can be subjected to stiff punishment and penalties including death penalty. Consequently, up till now, the CRA has been formally adopted by just one state out of the twelve Sharia implementing states. Meanwhile, opposition by the others is mounting by the day. This paper attempts a reconciliation of both legal regimes in order to ensure that even these Sharia states which constitute about one-third of the states in the country benefit from the lofty objectives of CRA. .
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African Human Rights Law Journal
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Children have been described as man’s most valuable natural resource, without which the human race will be extinct on the death of the last adult; hence, children signify perpetuity of human life on earth . To this end, the interest of the child needs to be protected by law, government, parents and the society at large. It sometimes happen however that the role of protecting the child may be neglected by one or all of the stakeholders which further leads to the child coming in conflict with the law, hence the phrase “juvenile delinquent”. These delinquents are usually made to face designated laws by being charged to juvenile courts, tried and sometimes remanded in homes such as the borstal homes. The concern of this study is to unearth the dynamics involved in running the affairs of the juvenile justice system in Nigeria with reference to the Borstal Institutions and Remand Centres Act. This study examines the history, structure as well as practice and procedure of the justice system in Nigeria; juvenile and delinquencies, as well as juvenile justice system in Nigeria through the mirror of stakeholders in the juvenile justice system in Nigeria. It also discusses the full appraisal of the Borstal Institutions and Remand Centres Act; history of juvenile correctional institutions in Nigeria and an example from one of the Borstal Homes in Nigeria today. In order to get an international view point on juvenile justice, Borstal institutions in Nigeria were considered viz-a-viz universal standards and principles in various international conventions serving the interest of the child. There is also an attempt to comparatively analyse the Borstal institutions in Nigeria and selected jurisdictions (Ghana and United States of America) which further helped to identify the challenges bedevilling the Nigerian system with a view to proffering credible recommendations. In all, finding improvements to juvenile justice administration in Nigeria is paramount in this study.
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