The detention of scores of minors for participating in the protests against bad governance underscores a disturbing trend within the country’s criminal justice system and poses serious questions about the balance between maintaining order and upholding citizens’ constitutional rights.
The arrest of the children in Kano, Kaduna, Borno and other parts of the country for exercising their right to protest—particularly on issues as fundamental as governance exposes all that is hideous about our criminal justice system. Minors in Nigeria are entitled to freedom of expression and peaceful assembly under the Constitution, and they should not be silenced or prevented from exercising their rights.
The development signals a troubling shift toward the suppression of dissent, even at the cost of violating children’s rights. The decision by President Bola Tinubu to withdraw the treasonable charges preferred against them is a welcome development. Beyond this, the operatives involved in the arrest and detention of the children should be sanctioned.
The incident has cast a harsh spotlight on the state of the country’s criminal justice system, exposing systemic flaws and deep-rooted inefficiencies that disproportionately affect the most vulnerable. Across the nation, hundreds of children languish in overcrowded detention facilities, often for minor or nonviolent offences, and without access to fair and timely trials. This state of affairs is both a humanitarian and a legal failure, raising urgent questions about the priorities and mechanisms within Nigeria’s justice framework.
Moreover, Nigeria’s juvenile detention centres, where available, are notoriously overcrowded and under-resourced. Children in these facilities frequently lack access to basic necessities, education, and mental health support, creating environments that do more harm than rehabilitate. Instead of offering a second chance, these detention centres often act as breeding grounds for trauma and recidivism.
Nigeria has a rich history of youth-led activism, with young people often taking to the streets to demand accountability, transparency, and reform. The 2020 #EndSARS movement and subsequent calls to #EndBadGovernance in Nigeria underscored the frustration of young Nigerians with systemic corruption, police brutality, and ineffective governance.
While these protests drew global attention and support, they also led to government crackdowns, with police dispersing crowds, arresting demonstrators, and, alarmingly, detaining minors in the process. These young protesters, many of whom were under 18, were subjected to prolonged detention, intimidation, and in some cases, violence. Such actions not only contravene Nigeria’s Child Rights Act but also violate international conventions, including the United Nations Convention on the Rights of the Child, to which Nigeria is a signatory.
Under Nigerian law, specifically the Child Rights Act of 2003, the detention of minors should be a last resort, and alternatives to imprisonment are encouraged. Yet, the criminal justice system frequently fails to protect these rights in politically sensitive situations. However, only about two-thirds of Nigeria’s states have domesticated this law, and even where it is enacted, enforcement remains inconsistent. Due to inadequate legal representation and lengthy court processes, minors are often detained for extended periods before their cases are even heard. Many of these children come from marginalised communities, where poverty and lack of access to education and healthcare exacerbate their vulnerability to encounters with the law.
In cases involving protests, detained minors are often denied timely access to legal representation and subjected to protracted legal processes, despite the nonviolent nature of their alleged “offences.” This treatment not only disrupts their education and emotional well-being but also fosters a sense of alienation from the very institutions that are supposed to protect them.
The detention of minors for participating in protests also has chilling implications for Nigeria’s democratic landscape. By penalising youth for engaging in civil discourse, authorities risk instilling fear and discouraging future generations from participating in democratic processes. In a society where over half the population is under the age of 19, silencing young voices undermines both the present and the future of Nigerian democracy. A resilient society thrives when its youth are encouraged to be informed, vocal, and involved in governance—not when they are criminalised for caring about their country’s trajectory.
The young people protesting against bad governance are not threats to society but vital stakeholders in Nigeria’s future. As such, detaining minors for peaceful political expression is not only a breach of their rights but also a step backwards for Nigeria’s democratic principles. By embracing these young voices and protecting their rights to express grievances, Nigeria can strengthen its democratic foundation and ensure a more equitable, just future for all.
The criminal justice system’s challenges extend beyond juvenile detention. Nigeria grapples with a backlog of cases, due in part to limited infrastructure, a shortage of judges, and inadequate funding for the judiciary. These issues create delays that reverberate throughout the system, further perpetuating injustices like the detention of minors. A significant overhaul is necessary to address these systemic issues. Investment in infrastructure, staff training, and reforms prioritising rehabilitation over punishment would go a long way in restoring confidence in Nigeria’s criminal justice system.
Reforming this approach requires a recalibration of Nigeria’s criminal justice system to reflect the spirit of democracy and respect for fundamental rights. There must be stricter adherence to the Child Rights Act, especially regarding the protection of minors in politically charged cases. The judiciary, in collaboration with civil society and human rights advocates, must ensure that minors are not subject to arbitrary detention and that alternatives, such as counselling and community service, are explored. Additionally, law enforcement agencies need training on handling protests involving young people to avoid unnecessary confrontations and unlawful detentions.
There is a need to update the Child Rights Act to align fully with global standards for protecting minors, ensuring consistent enforcement across all states. States that have yet to adopt the law should be encouraged to do so, providing a uniform legal framework across the country. Importantly, there should be specific, mandatory sentencing for crimes against minors, especially in cases of abuse, trafficking, and exploitation.
The existing juvenile courts should be expanded with trained personnel to handle cases involving minors, ensuring that underage citizens are dealt with in a way that is sensitive to their age and vulnerability. Instead of criminalising minors involved in minor offences, diversion programmes focused on rehabilitation and reintegration should be implemented.
Also, the police and other law enforcement officials require training in child protection, recognising signs of abuse, and responding sensitively to minors; dedicated child protection units within police departments to handle cases involving minors should be established. Safe spaces and rehabilitation centres for minors who come in conflict with the law should be set up with a focus on their social reintegration rather than punishment.
For Nigeria to uphold the basic rights of minors and ensure that its justice system functions equitably, more needs to be done at both the legislative and practical levels. By strengthening legal protections, improving detention conditions, and accelerating judicial processes, the nation can make meaningful strides toward a fairer and more humane justice system for all its citizens—starting with its most vulnerable.
Reforming the criminal justice system to better protect minors requires a comprehensive approach involving legislative amendments, better law enforcement, judicial reforms, and community-based support systems.
