Remand Of Minors

Many Nigerian children face a life of poverty, inadequate educational opportunities and poor physical and mental health, which hinder their ability to develop to healthy adults. The aim of the criminal justice system in respect to child offender is rehabilitatory and reformatory. There are three categories of children who may become involved with the juvenile justice system;
1.Children in conflict with law i.e, those who commit crimes similar to adults.
2.Children in need of case and protection, i.e, those who have been abandoned or left destitute by their parents.
3.Those beyond parental control, i.e those brought to the authorities by their parents and are alleged to have engaged in minor criminal activities as well as truancy and running away from home.
These categories of children are to be in remand homes and not locked up in adult prison facilities. It is quite traumatising to keep a child in prison for more than 24 hours.
A lot of minors are kept in inhuman conditions in prisons across the country. This of course is a contravention of the United Nations Convention on the Right of the Child which was adopted and opened for signature, ratification and accession by the General Assembly resolution 44/25 of 20th November 1989 and came into effect on the 2nd of September, 1990. In Lagos State for instance, many of the underage children in prison custody were hauled into prison by the police in the guise of ridding the state of hawking. The Nigerian police must know that no child is born a failure or an offender, but should be corrected and shown love. The prevailing had condition in the country has subjected most of them to street trading and hawking.
Very recently, the Attorney-General of Lagos State, Mr Adeniji Kazeem noted that it was condemnable for magistrates to order the remand of children in adult prison. He ensured that minors from the Badagry prison were relocated to remand centres and many amongst them had their fines paid by the state government and are reunited with their families, commendable action by the Attorney-General of Lagos State.
It is important to note here, that its this same Badagry prison that the former Chief Judge of Lagos State, Justice Funmilayo Alilada released about 80 children last August. My question now is, who are the magistrates who issue these remand orders? Are they not aware of the welfare institutions? No one is permitted to do that to children at all when children are taken into custody, it is for purpose of safe keeping or protection.
However, there are courts meant for children and the duty of that court is to find out exactly what their status are and identify their parents so they could be called to questioning regarding the children’s misconduct.
A situation where they do not have parents or the offence is serious, they could be taken to special homes for rehabilitation. The issue of arrest and putting in prison is illegal.
Child discipline and parental skills need to be invested in and the law protecting children also need to be implemented. This will protect the children’s rights both within the family and whenever they come in contact with the law.
In conclusion, I will like to ask the prison authority why they do not write to magistrates who send children to prison, informing them that the children ought not to be in prison. The Nigerian factor I guess!

Nkechi Bright Ewere