EXAMINATION OF THE APPLICATION OF THE THEORIES OF PUNISHMENT IN NIGERIA’S JUVENILE JUSTICE SYSTEM

Student: Efosa Joyce Oyemwense
Supervisor: Prof Alphonsus Okoh Alubo
HOD: Dr Dindi Nuraen Taiwo
Department of Law
Law
Baze University, Abuja, Fct

Abstract

This study critically examined the application of punishment theories within Nigeria’s juvenile justice system. It investigated how classical and contemporary punishment theories such as, retribution, deterrence, rehabilitation, incapacitation, and restorative justice influenced judicial decisions, legal frameworks, and correctional practices concerning juvenile offenders. Using a doctrinal research methodology, it analyzed statutory provisions, case law, and international instruments such as the United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990), and the Child Rights Act 2003.The findings revealed a significant gap between the theoretical ideals embedded in law and their practical implementation. Although rehabilitative and restorative justice approaches were legally preferred, juveniles were frequently subjected to punitive measures, including detention and harsh sentencing. This gap stemmed from factors such as inadequate facilities, the absence of specialized juvenile courts, insufficient funding, and weak enforcement mechanisms. The study concluded that without meaningful reforms, including increased investment in child-centered justice, the expansion of non-custodial measures, and the training of judicial and correctional personnel, Nigeria’s juvenile justice system would continue to fall short of its rehabilitative mandate. It offered recommendations to better align legal practice with international standards and to ensure that the best interests of the child remained the primary consideration in the administration of juvenile justice.

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