A SOCIOLOGICAL ANALYSIS OF THE LAW AND PRACTICE OF JUVENILE JUSTICE IN NIGER STATE, NIGERIA

A SOCIOLOGICAL ANALYSIS OF THE LAW AND PRACTICE OF JUVENILE JUSTICE IN NIGER STATE, NIGERIA

Abstract:

The administration of juvenile justice in Nigeria, Niger State inclusive has often generated criticisms from the public because of the discrepancies between the laws and their implementation at various stages. In Niger State the simultaneous application of the world acclaimed CRA and the old CYPL has been criticized for not furthering the interest of juveniles. This study entitled „A Sociological Analysis of the Law and Practice of Juvenile Justice in Niger State, Nigeria‟, examined the existing laws guiding the practice of juvenile justice at every stage of the juvenile justice administration. The study was designed and guided by the following objectives: one, examine the legal framework of juvenile justice administration at every stage in Niger State; two, analyze the process and application of laws to juvenile justice administration at the stages of arrest, pre-trial detention, adjudication and disposal; three, examine the facilities for the administration of juvenile justice in Niger State; four, determine the adequacy and capability of personnel responsible for the administration of juvenile justice in Niger State; five analyze the perception of juvenile justice by juvenile offenders in custody in Niger State; and lastly, make recommendations of possible ways to improving the practice of juvenile justice administration in Niger State. Relevant literature materials were reviewed and the conflict theory was adopted as the theoretical frame-work for the study. Quantitative and qualitative methods of data collection were used. The survey method was used to gather quantitative data while IDI, documentary and observation techniques were used to generate qualitative data. Questionnaires were administered to one hundred and twenty-eight (128) personnel engaged in the administration of juvenile justice in Niger State. Similarly, sixty-seven (67) juvenile offenders in custody in the three Remand Homes in Niger State also completed the questionnaires during the study. IDIs were conducted for 6 police officers, 3 court officials, 2 prison officers, 1 rehabilitation officer, 7 social welfare officers and 5 juvenile offenders in custody totaling 24 IDIs in all. In addition, documentary records were content analyzed and non-participant method of observation was done guided by a checklist. Key findings of the study include one, the confirmation that the juvenile justice system is not yet in tandem with the CRA adopted in 2010 because the personnel still apply the CYPL which is supposed to have been repealed; two, disparity between Child Rights Act (CRA) and Niger State Child Right Laws (NSCRL); three, the non-familiarity of personnel with laws guiding juvenile justice as well as non-specialized training in matters affecting children; four, use of CYPL and other adult laws (CPC and PC) in the administration of juvenile justice in Niger State despite the adoption of CRA in 2010; five, facilities for full take-off of the CRA are not yet in place; and six custodial facilities meant for juvenile offenders in the State were still at their temporary sites and therefore the structures were not serving their purpose (of custody). In conclusion, it has become evident that there are glaring discrepancies between the laws (CYPL, NSCRL) and the practice of juvenile justice administration because of action or inaction of the agencies and personnel involved. In this regard, the study calls for a reform of laws governing the administration of juvenile justice; capacity building and general orientation and awareness for stakeholders particularly the Police, Court officials, Prison Officers, Rehabilitation and Social Workers in Niger State, to ensure effective adherence to local as well as international standards on administration of juvenile justice as well as the observation and adherence to the rule of law and due process.

A SOCIOLOGICAL ANALYSIS OF THE LAW AND PRACTICE OF JUVENILE JUSTICE IN NIGER STATE, NIGERIA

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