Justice on trial when children remain in cage, Law Professor alerts

Associate Professor of Law at the University of Ilorin (UNILORIN), Mariam Abdulraheem-Mustapha

Justice remains on trial when children in conflict with the law are treated as adults, unnecessarily detained and, or denied rehabilitation, a Professor of law, Mariam Abdulraheem-Mustapha has said.

Abdulraheem-Mustapha of the University of Ilorin (UNILORIN), said this on Thursday while delivering the varsity’s 305th inaugural lecture titled: “Children in the Cage, Justice on Trial.”

Mariam said many children, who come in contact with the justice system are already affected by poverty, neglect, broken homes, school exclusion and weak family support before their arrest.

According to her, the “cage” is not limited to police stations or custodial centres but also includes social conditions that restrict children’s opportunities and expose them to offending.

According to her, focusing only on the offence without considering the circumstances surrounding the child could result in punishment without addressing the root problem.

“Justice is on trial when a child is processed as an adult, detained unnecessarily, denied access to a functional Family Court or handled by untrained personnel,” she said, stressing that protecting children must not mean ignoring victims or public safety.

“The purpose of child justice is not to deny wrongdoing, but to correct without crushing, to protect without becoming permissive, and to recover the child without disregarding the victim,” she said.

She called for diversion to be used for suitable minor cases through counselling, education, restitution, community service and family conferencing.

She also urged authorities to ensure that children are not detained with adults and that custodial centres provide education, healthcare, psychosocial support and reintegration programmes.

Abdulraheem-Mustapha called for the harmonisation and implementation of the Child Rights Act across all states, saying every Nigerian child should receive the same basic protection regardless of location.

She recommended functional Family Courts with trained personnel and child-friendly facilities, as well as trained Child Police Units to handle children’s arrest, interviews, referrals and diversion.

She also stressed the importance of birth registration and reliable age determination in ensuring that children receive appropriate legal protection.

The professor recommended a national child justice database to track arrests, detention, diversion, trial delays, release and reoffending.

On restorative justice, she said it could help children, victims, families and communities acknowledge and repair harm, but warned that it should be carefully assessed in cases involving serious offences, trauma, intimidation or safety concerns.

She said child justice reform must begin before arrest through family support, education and child protection, and continue through police contact, legal assistance, diversion and reintegration.

Abdulraheem-Mustapha also highlighted her contributions to the University of Ilorin and the wider society through teaching, research, legal education and community service.

She said she serves as Legal Adviser to the Molaba Ago-Igi Isubu Association in Igboho, Oyo State, and as Deputy General Secretary of the Irepo Grammar School, Igboho Old Students Association.

She also founded the Network for Vulnerable Persons in Nigeria, which supports vulnerable people through pro bono services, legal awareness and empowerment programmes.

Concluding, she urged the society to look beyond the offence when a child appears before the law.

According to her, “behind a child, before the justice system could be poverty, neglect, a broken home, the death of a parent, exploitation or peer pressure,” warning that a society that neglects children and later responds only with punishment risks its own future.

“Children in conflict with the law are citizens in formation. They are not beyond accountability, but neither are they beyond redemption,” she said.

“When children remain in the cage, justice remains on trial,” the University of Ilorin (UNILORIN) professor added.

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