Nigeria operates as a federation with quasi-independent states. While the Federal Government has jurisdiction over specific matters, issues related to family and children fall under the authority of state governments, as outlined in the Constitution of the Federal Republic of Nigeria 1999 (As Amended). This federal structure allows the federal government to enact laws that are only applicable in areas under its jurisdiction while encouraging their replication at the state level.
The Child Rights Act of 2003 (CRA) is one such law, modelled after the UN Convention on the Rights of the Child. Since its enactment, 34 out of Nigeria’s 36 states have adopted the CRA as their respective Child Rights Law. However, states yet to adopt the CRA continue to rely on the outdated Children and Young Persons Laws (CYPL), which are derived from the Children and Young Persons Act of 1943.
Similarly, each state operates distinct criminal laws, typically referred to as Criminal Codes in southern states and Penal Codes in northern states, further contributing to variations in child protection and juvenile justice laws. Although legal frameworks exist, gaps in data availability and inconsistent implementation remain significant barriers to creating an equitable juvenile justice system across the country.
Age of Criminal Responsibility
In Nigeria, the age of criminal responsibility is set at seven years, as stipulated in the respective Criminal Codes and Penal Codes of the states. Children under seven are considered incapable of committing a crime. For children aged seven to twelve, criminal responsibility can only be established if it is proven that the child understood that their actions were wrong and could appreciate their consequences at the time of the offence.
Child Incarceration Rate and Number of Children Incarcerated
Accurate and current data on the child incarceration rate and the total number of children incarcerated in Nigeria is unavailable. However, reports from 2013 and 2022 estimate that approximately 6,000 children and adolescents were incarcerated during those periods.
Recidivism Rate
There is no publicly available data on the recidivism rate among juvenile offenders in Nigeria.
Detention Centres and Overall Capacity
Information on the number, capacity, and distribution of juvenile detention centres across Nigeria is scarce.
In Lagos State, there are three juvenile detention centres:
1. Special Correctional Centre for Boys (SCCB)
2. Special Correctional Centre for Girls (SCCG)
3. Borstal Training Institute, Nigerian Correctional Service, Adigbe
Estimates suggest that 100 to 120 boys and 40 to 60 girls are detained in the SCCB and SCCG, respectively.
Hours of Youth Justice-Specific Training Provided to Police Graduates
No publicly available information details the number of hours dedicated to youth justice-specific training for police graduates in Nigeria.
Diversion Pathways
The Child Rights Act of 2003 includes provisions for diversion programs, which aim to redirect juvenile offenders away from formal judicial proceedings. However, the implementation of these programs varies significantly across states, resulting in inconsistencies in their availability and effectiveness.
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