Synthesis of the data concerning the determinants of sedentary

69 children.

70 2. ―the police officer has reason to believe‖ to leave such a decision to the whim of one man who‘s reasonableness has not been proved is counter-progressive to say the least. As it is, any flimsy excuse can be used to detain a young offender who should not be detained.

A young offender is released on self-recognition or to his parents or guardian with or without surety.

Where a young offender is not released on bail, he shall be detained in a place of detention provided under the Act until he can be brought before a court except where:

a, it is impractical to do so, or

b, he is so unruly or depraved of character that he cannot be safely so detained; or

c, by reason of his state of health or his mental or bodily condition it is inadvisable to so detain him.²⁰⁰

The Inspector-General of Police shall make arrangements to prevent so far as practicable, a child or young person while in custody from associating with an adult charged with an offence. ²⁰¹ The aim of this provision is to prevent the criminal contamination of young offenders by adult criminals. This provision is seldom enforced especially in police cells.

Young offenders are not to be tried in regular courts but in juvenile courts. While hearing charges against a child or young person, a juvenile court shall sit either in a different building or room from that in which the ordinary sittings of the court are held, or on different days or at different times from those at which the ordinary sittings of the court are held except in cases where the young offender is being charged jointly with an adult.²⁰² A juvenile court is presided over by a magistrate with such other persons as the chief Justice of the state shall appoint. Except for the press which cannot be excluded except by special order of the court, juvenile court sessions are not open to the public.²⁰³ This is in a bid to ensure that the identity of a young offender before the court is not revealed. Under the Child‘s Rights Act, even the press is excluded from attending a family court session. Only the parents or guardian of the young offender are mandated to attend, except where they are excluded from attending by order of the court.²⁰⁴

The CYPA made provisions for the right of juvenile offenders to due process of the law at all stages of proceedings. This is in conformity with S.36 of the 1999 Constitution of the Federal Republic of

200ibid, S.4.

201 ibid, S. 5.

202Ibid, S. 6.

203ibid S. 6(5).

204op cit, S. 216.

71 Nigeria, United Nations Convention on the Rights of the Child and OAU Charter on the Rights and Welfare of the Child.

Under the CYPA, three categories of children may be brought before the juvenile court and they are:

(1) children alleged to have committed offences;

(2) children in need of care and protection; and (3) children beyond parental control.

When the delinquency of a child is proved, the court shall, before deciding how to deal with him obtain such information as to his general conduct, home surroundings, school record and medical history as may enable it to deal with the case in the best interest of the child or young person, and may put to him any question arising out of such information. Where the court is satisfied of the guilt of a child or young person, the court shall make an order

a. dismissing the charge; or

b. discharging the offender on his entering into a recognizance; or

c. discharging the offender and placing him under the supervision of a probation officer;

or

d. committing the offender by means of a corrective order to the care of a relative, or other fit person; or

e. sending the offender by means of a corrective order to an approved institution; or f. ordering the offender to be whipped;²⁰⁵ or

g. ordering the offender to pay fine, damages, costs; or

h. ordering the parents or guardian of the offender to pay fine, damages or costs; or i. by ordering the parents or guardian of the offender to give security for his good behavior; or

205 Section 221 of the CRA prohibits whipping as a sentence for juvenile offences.

72 j. committing the offender to custody in a place of detention under the law; or

k. where the offender is a young person, ordering him to be imprisoned;²⁰⁶ or l. by dealing with the case in any other manner in which it may be legally dealt with

S. 29 of the CYPA provides that where a person is brought before any court otherwise than for the purpose of giving evidence and it appears to the court that he is a child or a young person, the court shall make inquiry as to the age of that person. This provision is presumably geared towards ensuring that only juvenile courts deal with children and young persons. That presumption is however negated by another provision of the Act which states that ―… where in the course of any proceedings in any court other than a juvenile court, it appears that the person charged or to whom the proceeding relates is under the age of seventeen years, nothing in this section shall be construed as preventing the court if it thinks it undesirable to adjourn the case, from proceeding with the hearing and determination of the case.‖²⁰⁷

The places of detention referred to in the CYPA are remand homes and approved institutions including Borstal Institutions and prisons. A native or local authority or a local government council with prior approval of competent authority may establish remand homes and may make rules for the management, upkeep and inspection of such homes. Where no remand home is conveniently situated, a child or young person ordered to be detained in a custody may in the discretion of the officer or the court, as the case may be, be detained in an approved institution or in a prison provided that if a child or young person is detained in a prison he shall not be allowed to associate with adult prisoners. The provision that no child shall be sent to prison has again been shot through with a contradiction under the guise of discretion. Although the relevance of the CYPA has waned, yet it continues to be applicable especially in states that have not adopted the CRA.