Chapter Two 2.1 Overview From The Nigerian Constitution (1999)

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CHAPTER TWO

2.1 Overview from the Nigerian constitution (1999).


2.2 Overview of National Population Commission.
2.2.1 How to get a birth certificate in Nigeria for a child born in the hospital
or other medical institution.
2.2.2 How to get a birth certificate in Nigeria for a child born outside the
hospital.
2.2.3 History of Population Censuses in Nigeria.
2.2.4 Registration of births in Nigeria.
2.2.5 Persons responsible for registering births.
2.3 Contribution of Birth registration to Health Service delivery.
2.3.1 The inception of birth Registration.
2.3.2 Population disparities.

2.1 OVERVIEW FROM THE NIGERIAN CONSTITION (1999).


We the people of the Federal Republic of Nigeria, Having firmly and solemnly resolve, to live in
unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to
the promotion of inter-African solidarity, world peace, international co-operation and
understanding and to provide for a Constitution for the purpose of promoting the good
government and welfare of all persons in our country, on the principles of freedom, equality and
justice, and for the purpose of consolidating the unity of our people; Do hereby make, enact and
give to ourselves the following Constitution:-
Section 309 - Citizenship.
Notwithstanding the provisions of Chapter III of this Constitution but subject to section 28
thereof, any person who became a citizen of Nigeria by birth, registration or naturalization under
the provisions of any other Constitution shall continue to be a citizen of Nigeria under this
Constitution.
Section 28 - Dual citizenship.
(1) Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian
citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or
nationality of a country, other than Nigeria, of which he is not a citizen by birth.
(2) Any registration of a person as a citizen of Nigeria or the grant of a certificate of
naturalization to a person who is a citizen of a country other than Nigeria at the time of such
registration or grant shall, if he is not a citizen by birth of that other country, be conditional upon
effective renunciation of the citizenship or nationality of that other country within a period of not
more than five months from the date of such registration or grant.
Second Schedule
Legislative Powers Item
Part I: Exclusive Legislative List
8. Census, including the establishment and maintenance of machinery for continuous and
universal registration of births and deaths throughout Nigeria.
Third Schedule
Part I: Federal Executive Bodies
J. National Population Commission
23. The National Population Commission shall comprise the following members
a. a Chairman; and
b. one person from each State of the Federation and the Federal Capital Territory, Abuja.
24. The Commission shall have power to
a. undertake periodical enumeration of population through sample surveys, censuses or
otherwise;
b. establish and maintain a machinery for continuous and universal registration of births and
deaths throughout the Federation;
c. advise the President on population matters;
d. publish and provide information and data on population for the purpose of facilitating
economic and development planning; and
e. appoint and train or arrange for the appointment and training of enumerators or the staff of the
Commission.
Fourth Schedule.
One of the Functions of Local Government Councils according to the constitution of the Federal
Republic of Nigeria, states that “registration of all births, deaths and marriages”.

Note:- “This was quoted from the Nigeria Constition – 1999 (2011 Ammendment), with only the
section concerning Birth Registration”
2.2 OVERVIEW OF NATIONAL POPULATION COMMISSION.

National Population Commission (NPopC) is a principal commission of Nigeria, responsible for


producing data about the Nigerian people (its population) and economy. The commission is part
of the Nigerian Ministry of Interior and its head is appointed by the President of Nigeria.The
commission is currently headed by Nasir Isa Kwarra.

2.2.1 How to get a birth certificate in Nigeria for a child born in the hospital or other
medical institution.

1. After the birth of a child in the hospital, the institution will issue a certificate to the child as a
proof of the birth.

2. The birth report from the hospital is then taken to any National Population Commission
registration center in the hospital or at the local government headquarters.

3. When you get to the registration office, you will submit the proof of the birth issued by the
hospital or health center. A birth certificate or certificate of registration is then issued for the
child. Note that the birth certificate given at the hospital or proof of the birth is not valid. Only
the one issued by the National Population Commission is. Also, the birth certificate is free of
charge as long as it obtained within sixty days of birth.

2.2.2 How to get a birth certificate in Nigeria for a child born outside the hospital

In a case where a child was born at home, church or any other place outside the hospital, health center
or medical establishment, you have to go through the following steps:

1. You will go to the Local Government Authority where the person was born and get an affidavit. This
will serve as the proof of birth.

2. Then you will take the affidavit as proof of the birth to the National Population Commission
registration center at the local government headquarters or a hospital or health center or any other NPC
office designated.

3. When you get to the registration office, you will submit the affidavit to the registration officer. A birth
certificate or certificate of registration is then issued for the child.

2.2.3 History of Population Censuses in Nigeria.

Nigeria has a long history of census takings spanning over a century. The first census was
conducted in 1866 and this was followed by Censuses of 1871, 1881, 1891 and 1901. However,
all these earlier censuses were restricted to Lagos Colony and its environs. The 1871 census
marked the beginning of decennial census taking in Nigeria in line with the British decennial
tradition.

Following the amalgamation of the Lagos Colony and the Southern Protectorate in 1906, the
1911 census extended to some parts of the Southern Protectorate. It was marred by incomplete
enumeration because some parts of the South had not recognized the legitimacy of the Colonial
Government.

The amalgamation of the Southern and Northern protectorates in 1914 by Lord Lugard provided
the impetus for population census that had wider coverage. Like in other censuses, the results of
1921 census were population estimates based on tax records as the aged, infants and tax evaders
were excluded. Similarly, in the then Northern region, during the period mentioned above, the
census result was based on population estimates from existing records or vital statistics.

The tax riots in Calabar and Owerri provinces in the then Eastern region prevented enumeration
in the major towns of these areas in 1931 while the locust invasion resulted in the diversion of
some census staff to anti – locust duties in some parts of the Northern provinces.

The outbreak of the Second World War disrupted the conduct of decennial censuses and as such
no population census was conducted in 1941.

The 1952/1953 Population Census was regarded as the first modern, national and carefully
planned census in Nigeria. The principle of simultaneity was not complied with as the census
enumeration was staggered. The census of Northern Nigeria was conducted between May and
July, 1952 while that of West and Mid-West were conducted in December 1952 and January
1953 respectively. Census in the East was conducted from May to August, 1953. This
enumeration strategy made the comparability of data between one region and another difficult.
Furthermore, the disruption of the Second World War made people suspicious of the intention of
the exercise and therefore many people did not submit themselves for enumeration. This meant
that the exercise was characterized by gross under enumeration.

The 1962 population census covered the whole country and was undertaken simultaneously
during the month of May. Although the census was given adequate publicity, the results were not
acceptable to the regions on grounds of high politicization.

The refusal of the government to accept population census of 1962 prompted the 1963
population census which critics claimed were arrived at by negotiation rather than enumeration.
The result was contested at the Supreme Court which ruled that it lacked jurisdiction over the
administrative functions of the Federal Government.

The 1973 Census conducted between November 25 and December 2 was not published on the
ground of deliberate falsification of the census figures for political and /or ethnic advantages.
The 1991 Census was conducted under Decree 23 of 1989 which set up the National Population
Commission. It was conducted all over the country from November 27 to December 2, 1991.This
was the most scientific and most acceptable until the 2006 Population and Housing Census. In
March 2006, Nigeria, for the first time, conducted a Population and Housing Census. Several
stages were involved in the project. For the first time, the use of GPS and Satellite Imagery to
carve out Geo-referenced EAs was adopted. Also Machine readable forms (OMR/OCR/ICR)
were used to record information from respondents

2.2.4 Registration of births in Nigeria.

Subject to the provisions of this Part of this Act, the birth of every child born in Nigeria shall be
registered by the registrar of births and deaths for the area in which the child was born by
entering in a register kept for that area such particulars concerning the birth as may be prescribed
and different registers shall be kept and different particulars may be prescribed for live births and
still births respectively:

“Provided that, where a living new‐born child is found exposed and no information as to the
place of birth is available, the birth shall be registered by the registrar of births and deaths for the
area in which the child is found”.

2.2.5 Persons responsible for registering births

It shall be the duty of the following persons to give information either orally or in writing
concerning a birth, that is‐
(a) in respect of a birth in a house not being a place referred to in paragraphs (c) to (d) of this
subsection‐
(i) the father and mother of the child; or
(ii) the head of the house or the person recognised as the head of the household; or
(iii) the occupier of the house in which the child was, to the knowledge of the occupier, born; or
(iv) any person aged 18 years and above present at the birth or any person having charge of the
child;
(b) in respect of a birth in a hospital, health centre, maternity or nursing home or other like
institution‐
(i) the medical officer in charge of such institution; or
(ii) any person authorised by him in that behalf; 
(c) in respect of a birth in a hostel, boarding house, lodging house, hotel, tavern, barracks or
place of public resort, the person in charge thereof;
(d) in respect of a new‐born child found exposed or deserted in a public place‐
(i) the person finding the child; or
(ii) the person in whose charge the child may be placed; or
(iii) the nearest police officer.

2.3 CONTRIBUTION OF BIRTH REGISTRATION TO HEALTH


SERVICE DELIVERY.

2.3.1 The inception of birth Registration.


Public health statistics have come to be regarded as an indispensable tool for proper planning,
management and evaluation of many health programs. The compilation of vital statistics is of
ancient origin. Before the birth of Jesus, counting and characterization of populations were
undertaken, notably in the Old Testament, China, Egypt, Persia, Greece and Rome. The primary
purposes were for taxation and determination of available military manpower. Data related to
births were recorded in elementary form in church registers in England as early as the 1500s.
Early American colonists who came from England were accustomed to the recording of church-
related events such as christenings. Therefore, in 1632 the Grand Assembly of Virginia legally
convened an annual presentation of these events, which translated into recording births to insure
individual rights, primarily for property. In 1639, Massachusetts took the next step requiring the
government to record these vital events rather than clergy recording baptisms.

The 1800s led to high rates of immigration to the Northeastern US. Urban dwellers, especially
the poor, lived in crowded and unsanitary conditions, exacerbated by pollution produced by rapid
industrialization. In response, sanitary reformers used scientific approaches to develop data-
driven solutions, thereby emphasizing the importance of collecting systematic vital records of
births and deaths. Furthermore, birth registration could be used to monitor public health
interventions.

The prototype for American state-based registration was created after a cholera epidemic
engulfed England and Wales prompting British reforms such as the maintenance of vital records
through a single office in 1836. This stimulated the first American State registration law enacted
in Massachusetts in 1842. The American Medical Association (AMA) then supported the
movement toward better vital records by creating a committee to analyze methodology of vital
records registration in 1846. However, even as other states or cities followed suit, no uniformity
of data collection was put in place.

The movement toward a national clearinghouse for state and city data evolved through the US
Bureau of the Census. The Census Act of 1840 created a centralized Census Office for the
gathering of national statistics in a uniform manner. In March 1849, the census board was
designated by Congress to guide the census timing and utilize standard forms. The first standard
certificates for the registration of live births were developed in 1900 by the Bureau of the
Census. A 1902 Act of Congress that established the Bureau of Census as a permanent agency of
the federal government included a provision giving the agency statutory authority for the
development of registration areas for births. The Bureau of the Census undertook to develop a
system for the annual collection of vital statistics that would produce nationally comparable data.

2.3.2 Population disparities.


In the past, various high-risk populations have been identified as less likely to have births
registered. Shapiro noted a differential in birth registration completeness, which decreased over
time between white (94% vs 98.5%, 1940 vs 1950, respectively) and non-white (82% vs 93.4%,
1940 vs 1950, respectively) births.
 Additionally, the authors identified socioeconomic status as a risk factor for decreased
registration such that ‘fully a fifth of the babies born to mothers with little or no education were
not registered.’ Initiatives to improve registration included targeting and educating these high-
risk groups.

Higher rates of missing data have also been associated with high-risk populations. Gould et
al. examined links between missing data on the birth certificate and risk for infant death. Of 538 
945 Californian birth certificates reviewed, 7.25% had missing data, more commonly in women
at high risk of poor prenatal outcomes such as African Americans, Hispanics, foreign born
mothers, maternal age extremes (teen or >40 years), and those mothers with less than a high-
school education. Additionally, missing data was more likely to occur if the infant died within
the first 24 h.

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