• 74% of juvenile inmates awaiting trial
• NCos: Children are remanded in juvenile homes, other state-managed custodial centres.
With an estimated 26,000 children held in correctional facilities yearly, constituting nearly 30 per cent of the total inmate population, there are concerns about the trend, as stakeholders seek an end to such practice.
The Minister of Interior, Dr Olubunmi Tunji-Ojo, at a meeting with correctional sector stakeholders in Abuja during the official launch of the “Report on the National Assessment of the Situation of Children and Young Adults Deprived of Liberty”, made the declaration.
According to him, the assessment was an inter-agency collaboration aimed at addressing the issue of children deprived of liberty in the correctional centres.
Dr Tunji-Ojo described the situation as a “gross violation of child protection laws,” promising investigations and reforms, including retraining of Correctional officers and greater use of non-custodial sentences.
Despite being one of the most vulnerable groups in society, these children are locked away in a system where justice is delayed and sometimes denied outright.
At just 14, Efosa (not his real name) should have been in a classroom or playing football with his friends. Instead, he spent over a year in a juvenile correctional facility in Edo State, accused of theft. He had no lawyer, no trial, no hearing date – just silence behind the bars.
Efosa’s story is not an isolated case. It reflects the story of other children languishing in correctional centres across the country.
Nigeria currently operates 256 Correctional facilities, but they are critically overcrowded.
With a design capacity for 50,153 inmates, these centres hold more than 81,000 people, putting occupancy at over 136 percent, according to the World Prison Brief (2025).
In this chaos, children, many still awaiting trial, are shuffled through a system ill-equipped to protect them.
“It’s not just a legal crisis; it’s a public health emergency. Children kept in adult facilities are exposed to sexual abuse, trauma, and infectious diseases like tuberculosis, cholera, and typhoid,” warns a consultant paediatrician, Dr Simi Abah, who added that emotional and psychological wounds on the children often last a lifetime.
According to UNICEF’s Nigerian representative, Nkiru Maduechesi, 74 per cent of detained minors are still 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 said.
All these happen amidst the Child Rights Act (2003), which clearly prohibits the incarceration of children with adults.
The law provides for their placement in specialised juvenile centres focused on rehabilitation.
However, implementation is inconsistent across states, and in many regions, the law is nothing more than ink on paper.
While government response has been slow, civil society organisations like Restorative Justice for Africa (REJA Initiative) are quietly rewriting the stories of children like Efosa.
After learning of his case, REJA offered 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 supporting him every step of the way.
Another young boy, Adam (name changed), was held in the Oko Correctional Edo State, for allegedly stealing an air conditioner’s compressor from his employer.
Like many others, Adam had no lawyer and no court date.
REJA intervened, organised a restorative dialogue, and represented him in court.
Adam apologised for the misdemeanour, was released, and is now rebuilding his life with the help of 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,” Edo State Coordinator of REJA, Osahenrunmwen Gloria Ehinor, said.
The organisation is also at the forefront of advocacy, calling for the complete separation of minors from adult inmates and a system-wide investment in rehabilitative juvenile justice.
In a significant move to reform the system, 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,” the AGF said the documents aim to bridge the long-standing 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 institutionalising a child-sensitive justice system,” Fagbemi said during the launch.
Developed in partnership with UNICEF, the Legal Aid Council of Nigeria, and the Nigerian Bar Association (NBA), the new policies promote an integrated approach, bringing together prosecutors, social workers, and law enforcement to protect the best interests of the child.
According to a lawyer, Okwudiri Joequine Thompson, the continuous detention of thousands of children in Nigeria, often without trial, despite the provisions of the Child Rights Act (CRA), exposes the troubling gap between the law and its enforcement.
He noted that since its enactment in 2003, the CRA 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, he said, leaves many children vulnerable to abuse within the justice system, where they may be arrested arbitrarily, held for long periods without trial, and denied appropriate rehabilitation.
He stressed that weak institutional capacity and corruption further hinder the protection of children’s rights.
“Many police officers, judges, and welfare officials are poorly trained in juvenile justice, resulting in the misuse of detention rather than diversion or rehabilitation.
“Access to legal aid is limited, especially in rural areas, leaving many children unaware of their rights and without representation.
“Moreover, the absence of reliable data and oversight mechanisms makes it difficult to monitor detention conditions or hold institutions accountable,” he said.
To address these failures, Okwudiri said the CRA must be fully implemented nationwide, and all justice sector actors must receive training on child rights and juvenile procedures.
He suggested the development and funding of rehabilitation programmes across all states, adding that legal aid for children must be strengthened through government and NGO partnerships.
“Establishing a national database to track children in detention, alongside public awareness campaigns, can shift societal attitudes toward more humane and restorative approaches,” he said.
Human rights lawyer Deji Ajare said the enforcement of laws is where the problem starts.
According to him, in too many states, the CRA’s child-justice provisions have not been fully implemented.
Family Courts, he said, are dormant or non-existent, and a “detention-first” culture persists even for petty, non-violent offences.
“Poor birth registration and the absence of a standard age-assessment protocol mean children are misclassified as adults and remanded.
“Police and prosecutors don’t consistently notify parents or produce child-sensitive case files on time, while non-custodial options available under the ACJA/ACJL are underused.
Add paper-based case management, limited transport to court, and thin legal aid at the point of arrest, then minor cases drift into prolonged detention,” he said.
For Ajare, most urgent fixes can be done within months. According to him, the Attorneys-General should issue a presumption of non-custodial measures for all minor non-violent offences involving children, and the IGP should mandate two-hour parent/guardian notification, child-appropriate interviewing, and a presumption of childhood whenever age is in doubt pending assessment.
He added that the Chief Judges should run weekly child-remand audits to verify age, check charge status, and release any child who shouldn’t be in custody, while designating active Family Courts (or court days) to prioritise bail, diversion and social inquiry reports.
National Public Relations Officer of the Nigerian Correctional Service, Chief Superintendent of Corrections Jane Osuji, in response, explained that while it operates Borstal Training Institutions for young offenders, a significant number of children in conflict with the law are held in juvenile remand homes and other custodial centres managed by state governments and agencies outside its control.
Addressing concerns over the safety and protection of minors in custody, Osuji outlined multiple safeguards embedded in their operations under the Nigerian Correctional Service Act, 2019 and other legal frameworks.
According to her, key measures include the separation of juveniles from adult inmates through dedicated Borstal institutions designed to shield young offenders from abuse and negative influences.
The Service also claimed that all juveniles are managed in line with the Child Rights Act (where applicable) and relevant international standards on juvenile justice.
The NCoS further highlighted structured rehabilitation programmes within Borstal facilities, focusing on formal education, vocational and technical training, as well as psychological and behavioural counselling, with an emphasis on reintegration rather than punishment.
Osuji said oversight mechanisms, including internal supervision and external monitoring by government and independent bodies, are in place to address welfare concerns through established complaint channels.
In addition, she said officers assigned to juvenile facilities receive specialised training, while misconduct is handled under strict disciplinary procedures.
On recent improvements, she pointed to a series of institutional and policy reforms aimed at strengthening juvenile justice administration.
Notably, she said borstal facilities have expanded from three locations, Kaduna, Abeokuta, and Ilorin, to seven, with new centres in Kano, Enugu, Yola and Abuja.
The expansion, she said, is intended to ease overcrowding and improve access to age-appropriate rehabilitation services.
She added that the Controller-General of Corrections, Sylvester Ndidi Nwakuche, has also inaugurated a high-level committee to review the structure and operations of Borstal institutions nationwide and enhance service delivery standards.
In addition, the NCoS said it contributed to the development of the proposed Juvenile and Remand Home Bill, expected to improve coordination across institutions and standardise care for children in conflict with the law.
The Service reported increased focus on rehabilitation outcomes, with many young persons leaving custodial facilities equipped with certifiable educational qualifications and vocational skills to support reintegration.
“Despite these gains, the NCoS acknowledged ongoing challenges, particularly the need for stronger multimulti-agency collaboration and increased involvement of state governments in establishing and managing juvenile remand facilities.
“The Service reaffirmed its commitment to safeguarding the rights and welfare of minors in custody through continued reforms, improved infrastructure, and stakeholder engagement,” she declared.
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