“One day, we were at home, and the next day, the bailiff came in with four un-uniformed police officers and carried my sister to the police station. Everything happened so fast.” – Remi Odesola, sister to Deborah Oshinowo.
On October 19, 2024, a filmmaker and Programs Manager for a women’s non-profit organisation, Dorothy Njemanze Foundation, Priye Diri, took to Twitter (X) and Instagram to shed light on the unlawful arrest and detainment of 17-year-old Deborah Oshinowo by police in the Federal Capital Territory (FCT) of Abuja.
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I contacted Priye, who shared the contact information for Deborah’s sister, Remi. With some help from Deborah’s mother, she shared a detailed timeline and account of what had happened.
What happened on September 23?
According to Deborah’s mother, it all started a month ago with a dispute between Deborah’s mother and her landlady’s brother regarding some tenant issues, which led to an altercation, which led to physical assault.
“This man/caretaker slapped my mother. My mother has the photos of this incident because he injured her,” she explained.
Her mother later went to the Kubwa Police Station to report her case and was warned by police officials that the landlady had ‘certain connections higher up.’ And two weeks later, events unfolded.
October 15, 2024
A court bailiff named Adams, sent by the court, came to deliver legal court orders regarding the tenant issues. Her mother asked the bailiff to help her read what was in the documents, for she was unschooled. The bailiff refused and instead “flung the papers” at her, which hit her eyes.
According to Remi, Deborah’s actions were one of shock. “When Deborah saw that the bailiff flung papers at her, she defended her mother and asked the bailiff why he would do that to an older woman,” she said.
The bailiff walked out silently, but this wouldn’t be the last time Deborah’s family saw him.
October 16, 2024
Remi shared that ununiformed police officers visited the home on this day to arrest Deborah for a warrant under a deceptive pretext of Kubwa’s Divisional Police Officer (DPO) wanting to “question her.”
Here’s how Remi remembers that day in her words:
“The bailiff on this day accused Deborah of beating him to stupor. My mother told them she was a minor and requested for her to accompany Deborah. They refused at first, but later agreed. It was only when my mother and Deborah got to the police station the police then told her they had a warrant for her arrest.”
At this stage, her mother called Remi for guidance. Remi recounts instructing her mother not to say anything until a lawyer comes. The situation became violent when, as Remi reports, “they were slapping her and trying to push her into a cell.” This occurred after the police changed their position from having a warrant to claiming “it was a court order and not an arrest warrant.”
Remi then intervened at the police station, where she attempted to assert her position as a legal guardian. The officers refused to let her photograph the warrant, claiming it was “their copy,” thus blocking her efforts to document the situation.
Remi’s most troubling concern was her interaction with the Kubwa DPO, asking to see the warrant documents with concerns about her sister’s minor status. But his corresponding statements turned out to be dismissive.
“So what if she is a minor? Don’t minors commit offences?”
Remi reported that the DPO told her he would keep her sister in the cell until tomorrow, when he took her to court and scolded her for giving the situation “unnecessary attention.”
She desperately sought legal help by calling multiple people. A lawyer at the station attempted to assist but made little progress. Even when their legal representative arrived, they were blocked from viewing court documents. Remi got a contact for the founder of the Dorothy Njemanze Foundation, who also goes by the same name.
They, together with Deborah’s aunt, headed to the station together when the officers aggressively informed them that “visitors are not allowed,” forcing them to wait outside. They learned later that the police had also attempted to deceive her aunt, telling her that the family wanted her to come outside. Her mother, however, saw through this manipulation and refused to comply with their request. Remi reported that they finally had to leave “around 3 am when it started to rain,” having made no progress.
October 17, 2024
That Thursday was a shocking day for Deborah’s family in court. Remi says, “There was no trial, not even a hearing.”
The bailiff revised his statement, claiming it was a verbal rather than physical assault. The judge supported the bailiff, stating he had known him for seven years and trusted his honesty. Despite observing the defendant crying, the judge declared that he found “no remorse” and announced he would use Deborah as an example to other erring teenagers by sending her to Kuje Prison until further notice on October 22. The defense lawyer’s plea for leniency on account of Deborah’s minor status was rejected. The judge, according to Remi, said,
“So what if she is a minor? Does that give her the right to assault a court staff?”
According to Remi, the officials diverted to Suleja Prison instead of Kuje. At Suleja, prison staff instructed the family to purchase basic supplies. After two hours, a staff member emerged with the sister, inquired about her minor status, and later rejected her entry at the Suleja prison. With that, the police officer took Deborah back to the court, with Remi following closely behind.
Upon returning to court for her release, Remi shared that she didn’t know what to expect when they returned to court. “We just knew she would spend the night in the cell and be released the next day (Friday). So we sat there waiting when the whole commotion started. The staff there were shouting that ‘anyone could assault them and get away with it.’” This caused the Chief Magistrate to emerge and reiterate the assault charge.
Deborah was then transferred from Suleja to Dutse Police Station. The family hoped to bail Deborah out in court the next day, but this didn’t happen, as the magistrate was not around to oversee the court proceedings.
October 21, 2024
The following Monday, Deborah, her mother, and her aunt were all remanded for the previous assault on the bailiff by the Magistrate Court, even though the bailiff confirmed earlier that Deborah’s mum did not assault him. All three were ordered to be held in a Suleja Prison cell, but the prison again rejected Deborah due to her minor status, and thus she was sent back to Dutse Police Station. The trio was only released yesterday, October 22, 2024. Deborah’s family is set to have another day in court on November 11, 2024.
What the police have said about the Deborah incident
It has turned out to be a flat-out denial from the Federal Capital Territory Police Command. A statement by the Police Public Relations Officer, SP Josephine Adeh, on behalf of the Commissioner of Police, FCT, Abuja, noted that reports circulating on social media that officers of the command arrested and unlawfully detained a minor are misleading.
According to the spokesperson, the command only obeyed a court order and acted within the ambit of the law. She said all actions strictly complied with legal procedures and court directives.
Was Deborah’s act towards the bailiff a crime?
While Deborah’s behaviour towards the bailiff may not constitute a conventional crime, specific legal provisions could be exploited in a court of law. Section 14(1) of the Violence Against Persons (Prohibition) Act 2015 addresses explicitly psychological harm. The Act states:
“A person who causes emotional, verbal and psychological abuse on another commits an offence and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N200,000.00 or both.”
This legal framework means that even actions that might seem minor could have legal consequences if they cause emotional or psychological distress to another person. The law recognizes that harm isn’t always physical and provides remedies for victims of emotional and psychological abuse.
What Nigerian law says about ‘juvenile offenders’
In Nigeria, the law treats young offenders differently from adults. According to the Child Rights Act of 2003, anyone under 18 is considered a child or juvenile. The Criminal Procedure Code of Nigeria and Penal Code define juveniles as “A special category of offenders; all persons under the age of 17 or 18.”
Age of criminal responsibility
- Children Under Seven: Legally, children under seven are not considered criminally responsible for their actions. This means they cannot be charged with a crime or held liable for any unlawful acts they commit.
- Children Aged Seven to Twelve: For children between seven and twelve years old, criminal liability can only be established if it is proven that they understand that their actions were wrong at the time of committing them. If this capacity is not demonstrated, they are not held criminally responsible.
- Children Aged Twelve and Above: Once a child reaches the age of twelve, they can be held criminally responsible for their actions, similar to adults; however, the legal procedures for their trials differ significantly from those for adults.
Juvenile courts and their objectives
Nigeria has established specialised juvenile courts to handle cases involving young offenders. These courts are designed to operate separately from ordinary courts, with proceedings conducted in private to protect the child’s dignity and confidentiality. The juvenile court has civil and criminal jurisdictions but does not handle homicide cases or cases where juveniles are charged alongside adults.
These courts aim to encourage rehabilitation rather than punishment. This approach aligns with international standards, such as the United Nations Convention on the Rights of the Child, which advocates for a justice system prioritizing young offenders’ welfare.
What treatment of ‘juvenile offenders’ should look like
One or two of the following is how the treatment of juvenile offenders should look according to Nigeria’s legal frameworks:
- Detention Facilities: Juveniles may be placed in remand homes or approved schools rather than traditional prisons. These facilities are intended for rehabilitation and education rather than punishment. However, conditions in these facilities vary widely and have deteriorated over time due to inadequate funding and resources.
- Sentencing Options: When sentencing juvenile offenders, courts have various options, including probation, community service, or placement in rehabilitation programs. Imprisonment is considered a last resort and is typically reserved for older juveniles (young persons) if no other options are suitable.
The significant flaws in Nigeria’s justice system for minors
Despite these frameworks, there are significant challenges in Nigeria’s juvenile justice system:
Irregularities in Trials: There are frequent irregularities in how juvenile cases are handled, including a lack of proper legal representation and inadequate consideration of a child’s understanding of their actions.
Detention Practices: With Deborah Osinowo and many others, it has been observed that law enforcement can contradict the rehabilitative goals of the juvenile justice system when unlawfully detained or treating many minors harshly.
We need justice for Deborah
Deborah’s case has revealed to us the urgent and undeniable necessity for a massive reform within our prison systems—not only for adults but critically for minors as well. Deborah faces the harrowing prospect of spending her formative years unjustly imprisoned for a crime that does not exist. This is an injustice that must be rectified immediately.
We implore the Magistrate Court in Abuja to ensure that on November 11, 2024, Deborah is acquitted of all charges and finally granted her freedom. The time for change is now; we cannot allow another innocent life to be marred by a flawed system.
