THE 1999 CONSTITUTION AND JUVENILE JUSTICE SYSTEM IN NIGERIA

Abstract

The 1999 Constitution of the Federal Republic of Nigeria (as amended) forms the legal foundation for the protection of human rights, including the rights of children in conflict with the law. Although it does not specifically establish a juvenile justice system, its provisions on human dignity, fair hearing, liberty, and equality before the law provide the constitutional basis for juvenile justice administration. Sections 33–42 guarantee fundamental rights applicable to all persons, while Section 17(3)(f) mandates state protection of children against exploitation and neglect. These constitutional principles are operationalised through the Child Rights Act 2003, which establishes Family Courts and promotes a child-centered justice process emphasising rehabilitation over punishment. However, non-justiciablility of sections 17(3)(f) under chapter II of the constitution, non-recognition of family court as court of record, weak institutional implementation of Child’s Rights Act, lack of funding, dilapidation of remand facilities, lack of adequate training of stakeholders involved in juvenile justice administration and the continued detention of minors in adult’s facilities erode constitutional ideals. The Constitution’s collaboration with national and international instruments such as the Child’s Rights Act, Administration of Criminal Justice Act, UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child underscores Nigeria’s commitment to a reformative, rehabilitative and rights-based juvenile justice framework. Effective realisation of this vision requires stronger enforcement mechanisms, inter-agency coordination, and a sustained focus on the best interests of the child within the constitutional order.