Nigeria Police Was Right On Arrest And Detention Of “Minor” -By Adewole Kehinde

“Section 4 of the Police Act gives the police the power to arrest people for a number of reasons, including to prevent crime, apprehend offenders, and protect life and property.”

I recently decided to refrain from discussing or writing more about the Nigeria Police. This choice arises from my intention to redirect my focus towards other interests. However, whenever I attempt to uphold this resolution, I find myself grappling with a dilemma.

The Black’s Law Dictionary 5th Edition, Page 779, defines a juvenile as “a young person who has not yet attained the age at which he or she should be treated as an adult for purposes of criminal law… A term which may be, though not commonly, applied to a person who has not reached his or her legal majority for purposes of contracting, marrying, etc. In law, the terms “juvenile” and “minor” are usually used in different contexts; the former is used when referring to young criminal offenders, the letter to legal capacity or majority.”

Section 2 of the Criminal Procedure Act 14 defines “juvenile offender” as an
offender who has not attained the age of seventeen years. Under the same section
of the Act, it is ascertained that the following set of offenders come under the same heading:

i. Infant: a person who has not attained the age of seven years.
ii. Child: any person who has not attained the age of fourteen years.
iii. Young Person: a person who has attained the age of fourteen and has not
attained the age of seventeen years.

Section 1(2) of the Child Rights Act also defines a child as a person who
has not attained the age of eighteen years

In 2003, Nigeria adopted the Child Rights Act to domesticate the Convention on the Rights of the Child. The Children’s Rights Act of 2003 expands the human rights bestowed on citizens in Nigeria’s 1999 constitution to children.

Nigeria ratified the Convention on the Rights of the Child (CRC) on 16 April 1991 and the African Charter on the Rights and Welfare of the Child (African Children’s Charter) on 12 July 2001. Additionally, Nigeria took steps to domesticate both instruments in the form of the Child Rights Act (CRA). However, irrespective of Nigeria’s passing of the CRA in 2003, any person who wilfully and unlawfully destroys or damages any property is guilty of an offence, which, unless otherwise stated, is a misdemeanour, and he is liable, if no other punishment is provided, to imprisonment for two years. (Section 451 of the Criminal Code Act in Nigeria).

I was happy that the Nigeria Police Force Public Relations Officer, ACP Olumuyiwa Adejobi, had clarified that anyone above seven years old can be charged in court.

He also pointed out that none of the individuals charged were below the age of seven, with the youngest being 13 years of age.

He added, “Even in the Children and Young Persons Act, you can be charged to court. They were charged on behalf of the federal government, with the Nigeria Police Force taking the bull by the horns.”

Adejobi explained further that those arrested were youths who had reportedly hijacked the #EndBadGovernance protest, an event initially aimed at highlighting governmental reforms but later marred by violent actions.

The police adhered to legal requirements, ensuring that the rights and privileges of the detainees were respected.

Under normal circumstances, those “minors” should face the law for vandalism as they were at the age of prosecution under the law. Children over the age of 14 could be charged with a crime and handled in the same manner as adults.

Maybe I need to remind some ignorants that over N300 billion was lost in the protests, consisting mainly of private property and loss of business.

I also want to correct the impression that the “minors” were detained in adult police cells, which is false.

I am happy the Nigeria Correctional Service 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 emphasised that these reports, which inaccurately suggest that minors involved in the protests were held in adult centres, are entirely baseless. Umar noted that the NCoS Act of 2019 provides explicit guidelines empowering controllers of corrections and superintendents in charge of custodial centres 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 Nigeria police under IGP Kayode Egbetokun will continue to play a protective role when it comes to juveniles, setting the tone for how the justice system treats young offenders or children in conflict with the law.

From the moment of apprehension, police officers will ensure the well-being of minors, treating them with care and safeguarding their rights.

We must unite now to protect the integrity of our legal system and withstand pressure to weaken our establishments. Together, let’s advance the rule of law, peace, and good governance.

Adewole Kehinde is a public affairs analyst based in Abuja. 08166240846, kennyadewole@gmail.com