THE ETHICAL ROLE OF LAWYERS AND THE RIGHTS OF JUVENILE OFFENDERS UNDER NIGERIAN LAW

Abstract

This paper reviews the legal professionals' responsibility to ensure, through the application of law, that the rights of juvenile offenders are adequately protected in Nigeria. It outlines the legal regime relating to juveniles, with particular focus on the Child Rights Act (CRA) 2003, guaranteeing international and domestic protection of rights through the United Nations Convention on the Rights of the Child. The existence of these provisions notwithstanding, juveniles still suffer systematic hindrances to trial in adult courts, inappropriate detentions, and lack of adequate legal representation in Nigeria. A case study methodology is employed focusing on juvenile offenders in Kano State in order to bring to light the challenges they face, with a view to emphasizing ethical dilemmas faced by lawyers who fail to advocate for the rights of juveniles. The study shows systemic failures within the legal profession, such as ineffective legal representation and ethical breaks by lawyers, which constitute violations of juvenile rights. The paper exposes these ethical lapses and expresses the need for specialized training of lawyers, uniform application of the CRA across Nigeria, establishment of courts and detention facilities specifically for juveniles, better ethical standards, closer monitoring, and increased access to legal representation for juveniles. The recommendations ensure a non-punitive yet rehabilitative juvenile justice system where there is equal treatment and opportunity for rehabilitation of the young offender, while at the same time protecting the legal and ethical duties of lawyers within the justice system in Nigeria.