Historical Reflection on the Legislation and Policies of the Juvenile Justice System

Abstract

This paper discusses the legislation and policies of the juvenile justice system in Nigeria and some other African countries. The main objective here is to assess the feasibility of observing the provisions of Articles 37 and 40 of the UNCRC in Africa. There are many policies and laws protecting children in Nigeria, but the Children and Young Persons Act, which is now enacted in the states as the Children and Young Persons Law, is the major legislation on the administration of juvenile justice in the country.
The enactment of the Children and Young Persons Act and the application of special codes (Penal Code and Criminal Code) and procedures in matters involving juveniles are meant to protect the child from the highly technical, cumbersome, and harsh nature of procedures applied in ordinary courts. Recently, Sharia law was extended to criminal matters in some states of the federation, and this has implications for the administration of the juvenile justice system. Before discussing the laws and policies of the juvenile justice system, it becomes pertinent to briefly discuss the historical perspective of the system.