Maroc - VERACITY.COM.NG - A La Une - Hier 14:44

Child Rights Act: Legal practitioner seeks better enforcement

By Chidinma Ewunonu-AlukoA legal practitioner, Mrs Oluwaseun Folajuwon-Banjo, has emphasised the need for Nigeria to strive for better enforcement of the Child Rights Act (CRA).Folajuwon-Banjo, also a Child Rights advocate, made the call in an interview with the News Agency of Nigeria (NAN) in Ibadan on Friday.She underscored the importance of key stakeholders across the justice system to consistently advocate for reforms and adopt approaches that prioritise the well-being, dignity and rehabilitation of every child.According to her, the focus should be on the child’s well-being rather than on punishment.Folajuwon-Banjo, Founder, Savingcross Justicepoint Foundation, said a child with conflict with the law must be dealt with according to the Child Justice System and not the regular criminal justice process.She added that consideration should be given to the child’s right to protection of privacy at all stages of the child justice administration.This, she said, would prevent the child from being harmed as a result of undue publicity or by the process of labelling.“On arrest of a child, the CRA instructs the giving of immediate notification of the apprehension of a child, alleged of a crime, to the parents or guardians, and the police or the court must promptly consider the issue of release.“Additionally, children have the right to a lawyer or a representative present to ensure their interests are safeguarded throughout any proceedings.“The CRA mandates that the detention of a child should be a last resort and only applied when necessary.“Law enforcement is encouraged to explore alternatives such as warning, counselling, or informal resolution, especially for minor offences,” she said.Folajuwon-Banjo highlights that the CRA emphasises that detention should be for the shortest possible period.While a child awaits trial, the child advocate said bail should be prioritised unless there were substantial reasons to deny it.“This supports the CRA’s emphasis on detention only when it is absolutely necessary except by Section 222(1), where a child is found to have attempted to commit treason, murder, robbery, manslaughter, or wounded another person with intent to do grievous harm.“In this instance, the court may order the child to be detained for such period as may be specified in the order.“Proceedings involving children should be held in private to protect their identity and limit the social stigma associated with legal processes.“The CRA places a strong emphasis on the rehabilitation and reintegration of children who come into conflict with the law.“Where a child is found guilty, the CRA suggests non-custodial sentences, such as probation, counselling and educational support,” she said.The legal practitioner further explained that the law prioritised restorative justice, aiming to provide children with a pathway to reform, responsibility, and reintegration into their communities.Folajuwon-Banjo identified inconsistent adoption of the act across states as a challenge, thus creating a lack of uniformity.She said while CRA was federally enacted, some states were yet to pass compatible legislation, leading to disparities in children’s rights protections.“Insufficient facilities hinder child-focused detention and rehabilitation, with some children still placed in adult centres, exposing them to harmful environments.“Also, limited training for law enforcement remains a concern; not all officers are equipped with child-sensitive skills, increasing the risk of rights violations due to lack of awareness or resources.“Strengthening these areas is crucial for effective child protection under the CRA across Nigeria.“By establishing standards for arrest, detention, and judicial proceedings, the CRA demonstrates a commitment to child-centred justice and rehabilitation,” she said.These standards, she adds, are essential for maintaining best practices when dealing with children involved in legal conflicts.“The standards should also be upheld in all cases, including the recent arrests of children during the #endbadgovernance protest,” she said. (NAN)