Nigeria's Correctional System Fails Minors and Vulnerable Citizens, Experts Warn
Nigeria's correctional system is facing severe criticism for its failure to protect minors and vulnerable citizens, with alarming statistics revealing systemic issues that violate child protection laws. With an estimated 26,000 children held in correctional facilities annually, constituting nearly 30 percent of the total inmate population, stakeholders are urgently calling for reforms to end this troubling practice.
Minister of Interior Declares Situation a Gross Violation
The Minister of Interior, Dr. Olubunmi Tunji-Ojo, made this declaration during a meeting with correctional sector stakeholders in Abuja, coinciding with the official launch of the "Report on the National Assessment of the Situation of Children and Young Adults Deprived of Liberty." According to Dr. Tunji-Ojo, this assessment represents an inter-agency collaboration specifically aimed at addressing the critical issue of children deprived of liberty within correctional centers across Nigeria.
Dr. Tunji-Ojo described the current situation as a "gross violation of child protection laws," promising thorough investigations and comprehensive reforms. These reforms include retraining correctional officers and promoting greater use of non-custodial sentences for minor offenses involving children.
Children Locked Away in Delayed Justice System
Despite being among society's most vulnerable groups, these children are locked away in a system where justice is frequently delayed and sometimes denied outright. At just 14 years old, Efosa (not his real name) should have been in a classroom or playing football with friends. Instead, he spent over a year in a juvenile correctional facility in Edo State, accused of theft without legal representation, trial, or even a hearing date.
Efosa's story is not isolated but reflects the reality of numerous children languishing in correctional centers nationwide. Nigeria currently operates 256 correctional facilities, but they are critically overcrowded. With a design capacity for 50,153 inmates, these centers hold more than 81,000 people, resulting in occupancy rates exceeding 136 percent according to the World Prison Brief (2025).
Public Health Emergency and Legal Crisis
In this chaotic environment, children—many still awaiting trial—are shuffled through a system ill-equipped to protect them. Consultant paediatrician Dr. Simi Abah warns that this situation represents not just a legal crisis but a public health emergency. Children kept in adult facilities face exposure to sexual abuse, trauma, and infectious diseases including tuberculosis, cholera, and typhoid. Dr. Abah emphasizes that the emotional and psychological wounds inflicted on these children often last a lifetime.
According to UNICEF's Nigerian representative, Nkiru Maduechesi, a staggering 74 percent of detained minors remain awaiting trial—some for months, others for years. "These children are not only being denied justice but also education, healthcare, and basic human dignity," she stated.
Child Rights Act Implementation Inconsistent
These violations occur despite the Child Rights Act (2003), which explicitly prohibits incarcerating children with adults. The law mandates placement in specialized juvenile centers focused on rehabilitation. However, implementation remains inconsistent across states, with the law often serving as mere ink on paper in many regions.
Civil Society Organizations Provide Hope
While government response has been slow, civil society organizations like Restorative Justice for Africa (REJA Initiative) are quietly rewriting stories for children like Efosa. After learning of his case, REJA provided legal representation, secured his release, and facilitated a reconciliation process with the complainant. Today, Efosa is undergoing vocational training to become a barber with REJA's ongoing support.
Another case involves Adam (name changed), held in Oko Correctional Centre, Edo State, for allegedly stealing an air conditioner compressor from his employer. Like many others, Adam had no lawyer and no court date until REJA intervened, organized restorative dialogue, and represented him in court. Adam apologized for the misdemeanor, was released, and is now rebuilding his life with post-incarceration support.
"These kids are not criminals. They are victims of poverty, broken families, and a failed justice system. What they need is guidance, not imprisonment," stated Edo State Coordinator of REJA, Osahenrunmwen Gloria Ehinor. The organization advocates for complete separation of minors from adult inmates and system-wide investment in rehabilitative juvenile justice.
Government Initiatives and Legal Reforms
In a significant move toward reform, the Attorney General of the Federation (AGF), Prince Lateef Fagbemi (SAN), unveiled two national instruments: the Prosecution Guidelines for Cases Involving Children and the Legal Aid Guidelines for Children in Conflict with the Law and Child Victims. Described as "timely and imperative," these documents aim to bridge implementation gaps in the Child Rights Act.
"These guidelines promote discretion, dignity, and non-custodial measures like diversion and restorative justice. They represent a major stride in institutionalizing a child-sensitive justice system," Fagbemi declared during the launch. Developed in partnership with UNICEF, the Legal Aid Council of Nigeria, and the Nigerian Bar Association (NBA), these policies promote an integrated approach involving prosecutors, social workers, and law enforcement to protect children's best interests.
Legal Experts Highlight Systemic Failures
Lawyer Okwudiri Joequine Thompson notes that continuous detention of thousands of children without trial exposes troubling gaps between law and enforcement. Since its 2003 enactment, the Child Rights Act has not been fully domesticated in all states, particularly in Northern Nigeria where Sharia or customary laws often lack adequate child protection measures. This legal inconsistency leaves children vulnerable to abuse within the justice system.
Thompson emphasizes that weak institutional capacity and corruption further hinder child rights protection. Many police officers, judges, and welfare officials receive poor training in juvenile justice, resulting in detention misuse rather than diversion or rehabilitation. Limited legal aid access, especially in rural areas, leaves children unaware of their rights and without representation. The absence of reliable data and oversight mechanisms makes monitoring detention conditions and holding institutions accountable difficult.
To address these failures, Thompson recommends nationwide CRA implementation, training for all justice sector actors on child rights and juvenile procedures, development and funding of rehabilitation programs across states, strengthened legal aid through government-NGO partnerships, and establishment of a national database to track children in detention alongside public awareness campaigns.
Human Rights Lawyer Identifies Enforcement Problems
Human rights lawyer Deji Ajare identifies law enforcement as the core problem. In many states, CRA's child-justice provisions remain unimplemented, with Family Courts dormant or non-existent and a "detention-first" culture persisting even for petty offenses. Poor birth registration and absent standard age-assessment protocols mean children are misclassified as adults and remanded.
Ajare notes that police and prosecutors frequently fail to notify parents or produce child-sensitive case files promptly, while non-custodial options under ACJA/ACJL remain underused. Paper-based case management, limited court transport, and thin legal aid at arrest points contribute to prolonged detention for minor cases.
Ajare proposes urgent fixes within months: Attorneys-General should issue a presumption of non-custodial measures for all minor non-violent offenses involving children; the Inspector General of Police should mandate two-hour parent/guardian notification, child-appropriate interviewing, and presumption of childhood when age is doubtful pending assessment; Chief Judges should conduct weekly child-remand audits to verify age, check charge status, and release improperly held children while designating active Family Courts to prioritize bail, diversion, and social inquiry reports.
Nigerian Correctional Service Response
National Public Relations Officer of the Nigerian Correctional Service, Chief Superintendent of Corrections Jane Osuji, explained that while the Service operates Borstal Training Institutions for young offenders, many children in conflict with the law are held in juvenile remand homes and custodial centers managed by state governments and agencies outside NCoS control.
Addressing safety concerns, Osuji outlined multiple safeguards under the Nigerian Correctional Service Act, 2019 and other legal frameworks. Key measures include separating juveniles from adult inmates through dedicated Borstal institutions designed to shield young offenders from abuse and negative influences. The Service claims all juveniles are managed according to the Child Rights Act (where applicable) and relevant international juvenile justice standards.
NCoS highlights structured rehabilitation programs within Borstal facilities focusing on formal education, vocational and technical training, psychological and behavioral counseling, with emphasis on reintegration rather than punishment. Osuji stated that oversight mechanisms including internal supervision and external monitoring by government and independent bodies address welfare concerns through established complaint channels. Officers assigned to juvenile facilities receive specialized training, with misconduct handled under strict disciplinary procedures.
Recent Improvements and Ongoing Challenges
On recent improvements, Osuji pointed to institutional and policy reforms strengthening juvenile justice administration. Borstal facilities have expanded from three locations (Kaduna, Abeokuta, Ilorin) to seven, with new centers in Kano, Enugu, Yola, and Abuja intended to ease overcrowding and improve access to age-appropriate rehabilitation services.
Controller-General of Corrections Sylvester Ndidi Nwakuche has inaugurated a high-level committee to review Borstal institution structure and operations nationwide and enhance service delivery standards. NCoS contributed to developing the proposed Juvenile and Remand Home Bill expected to improve coordination across institutions and standardize care for children in conflict with the law.
The Service reports increased focus on rehabilitation outcomes, with many young persons leaving custodial facilities equipped with certifiable educational qualifications and vocational skills supporting reintegration. Despite these gains, NCoS acknowledges ongoing challenges, particularly the need for stronger multi-agency collaboration and increased state government involvement in establishing and managing juvenile remand facilities. The Service reaffirmed commitment to safeguarding minors' rights and welfare through continued reforms, improved infrastructure, and stakeholder engagement.
