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.

Amnesty International also strongly condemned the continued detention of minors who were arrested in August during the #EndBadGovernance protests. In a recent statement disseminated on platform X, the organization described the ongoing trial of these young individuals on charges of treason as a “sham,” criticizing the legal proceedings as lacking legitimacy and fairness. Amnesty International pointed out that subjecting minors to such severe allegations not only raises serious ethical questions but also signifies a profound disregard for the rule of law and the rights of children. They highlighted how the government’s actions appear to be an attempt to suppress dissent and intimidate young activists who are exercising their fundamental rights to free expression and assembly. The organization called for the immediate and unconditional release of these minors, urging authorities to recognize their age, vulnerability, and the right to a fair trial. Amnesty International’s stance emphasizes that the prosecution of young protesters for participating in peaceful demonstrations is an alarming trend that threatens civil liberties and the future of democratic engagement in the country.

The Nigeria Correctional Service (NCoS) has firmly denied allegations regarding the detention of minors arrested during the #EndBadGovernance protests in adult custodial facilities in Abuja. Abubakar Umar, the NCoS’s Public Relations Officer, issued a statement refuting claims propagated by various media outlets. He emphasized that these reports, which inaccurately suggest that minors involved in the protests were held in adult centers, are entirely baseless. Umar noted that the NCoS Act of 2019 provides explicit guidelines empowering Controllers of Corrections and Superintendents in charge of Custodial Centers to ensure the separation of juvenile and adult offenders. Additionally, he pointed out that the same Act requires the Service to deny the admission of any new inmates if a facility has reached its maximum capacity. Reassuring the public, Umar reiterated that no minors connected with the protests were housed in adult custodial facilities, discrediting the media reports. The attorney representing the police raised substantial questions regarding the assertions made by those claiming that the individuals arrested were minors. The police lawyer contended that, contrary to earlier reports suggesting that several of the detained individuals were indeed minors, all those apprehended during the protest were, in fact, adults. Furthermore, the attorney indicated that each of these individuals was not only an adult but also married with children, which adds a layer of complexity to the narrative surrounding the protesters’ demographics. This assertion directly contradicts prior reports that indicated the presence of minors among the arrested. Kayode Egbetokun, the Inspector-General of Police, addressed the media, stating that the claims concerning minors were a calculated attempt to attract negative media attention and public scrutiny. He emphasized that the actions purportedly involving these minors were not genuine medical emergencies but rather a strategic effort to undermine the judicial process. Egbetokun emphasized the police force’s quick action in providing medical assistance to the detainees underscores their dedication to the health and well-being of everyone in their custody, irrespective of the circumstances that led to their detention. The Inspector-General urged the public to maintain an unbiased perspective on the ongoing case, assuring citizens that the police would uphold transparency throughout the legal proceedings.

For many years, there has been an increasing call for comprehensive reform and enhanced accountability within Nigeria’s justice system, fueled by deep concerns regarding the country’s approach to criminal justice. CURE Nigeria stands out as a leading advocate in this movement, consistently pushing for significant reforms in criminal procedures and the prison system. The organization’s efforts are primarily focused on reducing prison populations, with particular attention given to vulnerable groups such as juveniles and women. CURE Nigeria emphasizes the necessity of providing adequate training, rehabilitation, and reintegration programs for incarcerated individuals, arguing that these measures are vital for facilitating a successful re-entry into society. Despite CURE Nigeria’s continuous advocacy for essential reforms within the prison system, meaningful improvements remain elusive. Nigeria continues to grapple with an alarmingly high incarceration rate, holding the highest number of inmates in its prison system globally. This situation is particularly concerning for the youth, as statistics indicate they are more likely to find themselves in prison than to have access to a proper education. The lack of effective reform measures and socio-economic opportunities significantly contributes to this disturbing trend, underscoring the urgent need for comprehensive changes in the nation’s criminal justice system and youth empowerment initiatives.

The arraignment of children for waving Russian flags raises significant questions about the intentions and motivations of those in power. First and foremost, one must examine the circumstances surrounding these events: how did the children come to possess the flags initially? It is improbable that minors obtained such symbols of political expression without outside influence or support. This raises a deeper inquiry into who orchestrated the distribution of these flags and shaped the narratives accompanying them. Furthermore, the involvement of children in protests against hunger and corruption suggests a troubling exploitation of their innocence. It is hard to overlook the possibility that these young individuals are being used as scapegoats in a giant political game. By targeting minors for their participation—arresting them during demonstrations expressing their frustrations and grievances—the government seems to convey a powerful message meant to deter any form of dissent. This situation reflects a severe infringement on the right to freedom of assembly. Subjecting minors, who often lack a complete understanding of the ramifications of their actions, to harsh detentions not only vilifies their voices but also stifles meaningful discourse on pressing social issues. The implications of such actions extend beyond the arrests themselves; they suggest a systemic effort to criminalize youth amid political turmoil.

During the #EndSARS protests in Nigeria, countless young individuals bravely took to the streets to demand an end to police brutality and systemic corruption. Tragically, many made the ultimate sacrifice for their convictions, losing their lives while proudly waving the Nigerian flag. Fast forward to 2024, and we observe a troubling shift in the landscape of protest and expression among Nigerian youth. In stark contrast to the vibrant demonstrations that characterized the #EndSARS movement, we now confront an alarming trend where Nigerian minors are being apprehended, not for displaying their national pride, but for publicly waving Russian flags. This disturbing development reflects a deepening sense of desperation among these teenagers, who resort to such gestures as a form of expression in dire circumstances. Waving a Russian flag symbolizes far more than mere support for another nation; it underscores their disillusionment with Nigeria’s current state of affairs, where many are grappling with extreme food insecurity and economic hardship. Instead of recognizing these minors for their courageous attempts to advocate for change, the government is incarcerating them for their desperate plea for sustenance.The circumstances surrounding the arrest of these minors present serious concerns that reflect deeply on our society’s priorities and values. Instead of being given opportunities to receive a proper education that could nurture their intellect and develop valuable skills, these young individuals find themselves confined in detention centers. This situation not only signifies a profound loss for these youth, who are at a critical stage of personal development, but it also represents a considerable loss for the nation. When society fails to invest in the potential of its young minds, we squander the chance for innovation, creativity, and positive contributions to our communities. By choosing detention over education, we hinder the growth of individuals who could otherwise become tomorrow’s leaders, thinkers, and innovators. It is sad to notice that the current system seems to prioritize punishment over rehabilitation, which is a troubling stance given that these minors are still impressionable and capable of change. We must question the long-term implications of such actions on their futures and the future of our society. Given these concerns, we strongly urge the government to reconsider its approach. Rather than subjecting minors to the harsh realities of detention, we advocate for their release and call on the government to provide educational programs that can redirect their energies toward constructive pursuits. By investing in their education and fostering an environment that encourages learning and community engagement, we can help shape a brighter future not only for these young individuals but for our society as a whole.

When VDM was accused of donning a police uniform, the authorities thought that arresting him was a pivotal step in holding him accountable for his alleged misconduct. However, they overlooked the fact that, in their quest for justice, they were inadvertently allowing him to expose their own questionable practices aimed at vulnerable minors in the community. VDM’s steadfast dedication to revealing these injustices has proven invaluable, and society owes him a significant debt of gratitude for his extraordinary courage and resilience in the face of adversity. His relentless efforts have not only illuminated systemic wrongs but have also sparked vital discussions about the necessity for accountability and reform within the system. VDM’s courageous actions have catalyzed meaningful change, inspiring others to scrutinize and confront the deficiencies of the institutions designed to protect our youth. Imagine finding just five more individuals who embody the same courage, integrity, and determination as VDM; the progress we could achieve toward creating an indeed just society, free from corruption and injustice, would be monumental. The path ahead may be daunting, but if more voices are willing to speak out, we can cultivate an environment where accountability is not merely an aspiration but a tangible reality.

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.