The Detention and Arraignment of 125 Nigerian Children Before Federal High Court, Abuja: Snapshot of Legal and Procedural Breaches-A Press Release

First, I refuse to concede that these precious children are “child offenders” or “children in conflict with the law.” This is not only because they are innocent until proven guilty but because it is the state that should be on trial, not these innocent souls. A state that denies its children education, healthcare, shelter, sanitation, and hygiene; that detains them for 93 days without adequate food, clothing, or medical attention; and that now imposes an unattainable bail condition of 10 million Naira and two sureties of like sum, conditions that these impoverished yet precious souls cannot meet until January 25, 2025, should be answering for its failures, not casting blame upon its children.

In this post, I choose not to rely on my own words but instead to let Nigeria’s laws, specifically, the Child’s Rights Act, 2003 speak to the grave breaches of the rights of Nigerian children in this matter. I have only provided headings for clarity. Now, judge for yourself whether the Nigerian government and its legal system have upheld or violated the protections afforded to children in this situation.

1. The Federal High Court Lacks Jurisdiction

Section 149 of the Child’s Rights Act, 2003, states:

"There shall be established for each State of the Federation and the Federal Capital Territory, Abuja, a Court to be known as the Family Court (in this Act referred to as 'the Court') for the purposes of hearing and determining matters relating to children."

Section 151(1)(b) further asserts:

"Subject to the provisions of this Act and in addition to such other jurisdiction as may be conferred on it by any other law, the Court shall have unlimited jurisdiction to hear and determine...any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by a child, against a child, or against the interest of a child."

2. Children Shall Not Be Subjected to the Criminal Justice Process

Section 204 of the Child’s Rights Act, 2003, declares:

"No child shall be subjected to the criminal justice process or to criminal sanctions, but a child alleged to have committed an act which would constitute a criminal offence if he were an adult shall be subjected only to the child justice system and processes set out in this Act."

3. The Privacy of Children in Conflict with the Law

Section 205 of the Act outlines:

(1) The right of the child to privacy specified in Section 8 of this Act shall be respected at all stages of child justice administration to avoid harm caused to the child by undue publicity or by the process of labeling.

(2) Accordingly, no information that may lead to the identification of a child offender shall be published.

4. Parents or Guardians Must Attend Court

Section 216(1) states:

"The parents or guardian of a child offender who is charged before the Court for an act which constitutes a criminal offence shall attend all stages of the proceedings and shall be entitled to participate in the proceedings."

5. Specialization Within the Nigeria Police Force

Section 207(1) provides for a specialized unit, the Specialized Children Police Unit: "There shall be established, in the Nigeria Police Force, a specialized unit...which shall consist of police officers who frequently or exclusively deal with children."

6. Detention Pending Trial as a Last Resort

Section 212 stipulates: (1) Detention pending trial shall (a) be used only as a measure of last resort and for the shortest possible period of time;

(b) wherever possible, be replaced by alternative measures, including close supervision, care by and placement with a family or in an educational setting or home.

(2) While in detention, a child shall be given care, protection, and all necessary individual assistance, including social, educational, vocational, psychological, medical, and physical assistance, that he may require, having regard to his age, sex, and personality.

In light of these clear mandates, it is left to you to judge whether the Nigerian government and its legal system have honored or neglected the protections and rights of these children.

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