Nigeria’s criminal justice system outrightly failing the youths

By Matthew Ma

“The Criminal Justice System in Nigeria has markedly failed the youth, leaving them vulnerable to various forms of violence, exploitation, and injustice. Many young individuals find themselves trapped in a system that is often devoid of fairness and transparency, leading to harsh consequences for minors. Issues such as prolonged detention without trial, inadequate legal representation, and a lack of rehabilitation programs further exacerbate the situation.”

I recently decided to refrain from discussing or writing more about VeryDarkMan (VDM). This choice arises from my intention to redirect my focus toward other interests. However, whenever I attempt to uphold this resolution, I find myself grappling with a dilemma. For example, when VDM unveils a shocking incident regarding Nigeria, I feel an urge to break my silence. The complexities surrounding VDM’s discoveries frequently challenge my commitment to this pledge. As a result, I find myself torn between my resolution and my desire to share my thoughts and insights on VDM. Last week, VDM released a provocative new video that centered around minors being incarcerated by the Nigerian government. The video highlights the experiences of children who were detained and treated like animals in the adult correctional center. It also features the interface between minors and law enforcement, raising critical questions about juvenile justice policies and practices in Nigeria. The crucial question that requires answers is whether or not the criminal justice system has failed Nigerian youths. The Criminal Justice System in Nigeria has markedly failed the youth, leaving them vulnerable to various forms of violence, exploitation, and injustice. Many young individuals find themselves trapped in a system that is often devoid of fairness and transparency, leading to harsh consequences for minors. Issues such as prolonged detention without trial, inadequate legal representation, and a lack of rehabilitation programs further exacerbate the situation. For example, a few days ago, VDM released a new video footage that revealed the stark realities faced by children arrested during protests advocating for #EndBadGovernance. In the video, VDM emphasizes that many of these children, some of whom are under 14 years old, were incarcerated for over 90 days merely for waving the Russian flag during the demonstrations. VDM points out that the judge-imposed bail conditions on these minors, requiring them to pay 10 million Naira and provide two sureties. One of the sureties must be a civil servant, who must present an employment letter, the latest promotion letter, two passport photographs, and a valid ID. The minors were to be placed in a borstal home, while the adults were to remain detained at Kuje Correctional Center until their bail conditions were met.
Several stakeholders expressed strong disapproval regarding this arrest, labeling it as inhumane and unjust. Senator Shehu Sani, a former Nigerian lawmaker representing the Kaduna Central Senatorial District, was particularly vocal in his opposition to the judicial proceedings against these young individuals. In a statement shared on his X account, Senator Sani articulated his concerns, labeling the arraignment of minors as deeply unfortunate. He viewed this action as a stark and shameful reflection of the current state of democracy in Nigeria. Sani called on the federal government to withdraw all charges against these minors promptly and to ensure their safe return to their respective states, emphasizing that their treatment is not just a legal issue but a moral one that reflects poor governance. Adding to the chorus of criticism, several lawyers have condemned the detention of these minors, describing it as a blatant violation of human rights. Deji Adeyanju, one of the critical attorneys representing the detained minors from the #EndBadGovernance movement, strongly denounced the actions taken by the Nigerian government. He expressed doubt over the fact that the government could detain children for an astonishing 93 days without cause while simultaneously neglecting to take any punitive measures against former Kogi State governor Yahaya Bello, who was faced with accusations of serious wrongdoing.
In a related discussion, VDM expressed a deep sadness over the stark inequality in bail treatment in Nigerians. He highlighted a troubling instance where a member of the House of Representatives, who was charged with assaulting a Bolt driver, was granted bail amounting to N500,000, while the minors were subjected to an excessive bail condition of 10 million Naira. This discrepancy raises essential questions about the fairness of the legal system and the criteria used to determine bail amounts, particularly when comparing high-profile individuals to minors. The Nigerian Bar Association (NBA) issued a strong statement condemning the treatment of minors within the country’s legal and correctional systems. They highlighted that such practices not only violate domestic laws and international human rights standards but also significantly damage Nigeria’s reputation on a global scale. The National President of the NBA, Afam Osigwe, expressed deep concern over what he described as the inhumane treatment of these minors, stressing that it constitutes a serious infringement on their fundamental human rights. Osigwe pointed out that the situation presents a troubling reflection of Nigeria’s correctional facilities, drawing attention to the inadequate conditions that exist within these environments and the concerning circumstances surrounding pre-trial detention. He emphasized that this detention creates skepticism among the international community about the country’s commitment to upholding human rights and the rule of law. In light of this troubling scenario, Osigwe proposed two potential courses of action: first, the immediate release of the minors currently held in prolonged detention, allowing them to reunite with their families; second, if the Federal Government insists on proceeding with their trials, he urged that these minors be returned to their places of arrest. This would ensure they remain close to their families, which is crucial for providing them better access to legal representation and emotional support during the trial process. The president’s remarks underscore the necessity for immediate reforms and a humanitarian approach to treating minors in the justice system.
Former Vice President Atiku Abubakar has voiced profound criticism regarding the ongoing detention and prosecution of minors, labeling this distressing trend as a stark manifestation of the inhumanity that characterizes the current administration under President Tinubu. In a comprehensive statement released by his media team, Atiku expressed his deep sorrow over the heart-wrenching sight of young children being paraded in courtroom settings—an image that he powerfully likened to the infamous Nazi concentration camps, where the innocence of youth was tragically shattered. Atiku elaborated on the psychological and emotional ramifications that such traumatic experiences can impose on children, who should inherently be nurtured and protected within a safe environment. He emphasized that subjecting minors to the rigors of the judicial system represents a grave violation of their fundamental rights and humanity. In his statement, he drew specific attention to Section 11 of the Child’s Rights Act, which was instituted to protect children from physical, mental, or emotional harm, including torture and inhumane treatment. The former Vice President’s remarks also called for an urgent reevaluation of existing policies that facilitate the institutionalization of minors, urging the government to reassess its priorities fundamentally. Atiku’s remarks underscore the pressing necessity for implementing more impactful and focused policies aimed at supporting and empowering the younger generation.
Peter Obi, the presidential candidate representing the Labour Party, also expressed deep concern regarding the alarming treatment of minors within the correctional facility system. His statements were prompted by shocking reports that have surfaced, detailing the vulnerabilities that children arrested during the #EndBadGovernance protests have faced, which include neglect and various forms of abuse while in custody. Obi directly appealed to high-profile authorities, urging them to respond with immediate and decisive actions to address these issues. In his statement, Obi identified several key figures crucial to resolving this matter, including the Minister of Justice, the Attorney General of the Federation, the Inspector General of Police, officials from the Department of State Services (DSS), and representatives from the National Human Rights Commission. He called upon these leaders to undertake a thorough and impartial investigation into the documented instances of inhumane treatment directed at minors. Beyond merely investigating these troubling incidents, Obi emphasized the necessity of exploring the root causes of such violations against children. He asserted that a comprehensive understanding of these underlying factors is vital to formulating effective strategies to prevent similar abuses in the future. Obi’s plea draws attention to the urgent need to safeguard children’s rights and dignity in the justice system.

Rev. Ma, S.J., is a Jesuit Catholic priest of the North West Africa Province of the Society of Jesus. He currently writes from the Kukah Center in Abuja, Nigeria.