A CRITICAL ANALYSIS OF THE LEGAL AND INSTITUTIONAL FRAMEWORK

FOR PROTECTING THE RIGHTS OF THE CHILD IN NIGERIA

BY

GIWA DAVID CHRISTOPHER

170411091

A PROJECT SUBMITTED TO THE FACULTY OF LAW, LAGOS STATE

UNIVERSITY
IN PARTIAL FULFILMENT OF THE REQUIRMENT FOR THE AWARD OF THE
BACHELOR OF LAWS (LL.B) DEGREE IN LAW

APRIL 2023
 CERTIFICATION

This is to certify that GIWA, DAVID CHRISTOPHER of the Faculty of Law, Lagos State
University, Ojo, Lagos, Nigeria, carried out this project research under my supervision.

_________________________ ________________________

DR. (MRS) GRACE AROWOLO DATE

PROJECT SUPERVISOR

ii
 DEDICATION

To God Almighty, who inspired the writing of this particular project topic and saw me
through it all; and to my supervisor, Dr. (Mrs) Arowolo Grace, my parents, Mrs. Maria Giwa,
and Mr. and Mrs. Augustine, siblings, family, colleagues and friends for all their
contributions and support throughout the period of writing this project.

iii
 ACKNOWLEDGEMENT

My immeasurable and overwhelming gratitude to God for his divine help in seeing me
through the writing of this project and through my stay in LASU; to Him be the honour and
glory forevermore.

My profound appreciation to my supervisor, Dr. (Mrs) Arowolo Grace, for giving me very
seasoned advice and expert supervision from the commencement of this project, to the end,
whilst pushing me really hard to deliver this excellent work. May the Almighty God greatly
reward you.

I am also immensely grateful to my biological mother, Mrs. Maria Giwa, my guardians Mr.
and Mrs. Augustine, my brothers Peter, Anthony and Joseph Giwa, My sisters Emmanuella
Goodnews and Mary Giwa, for their unending love and support all through this process. I
love you all extremely. To my lovely younger sisters Divine Augustine and Giwa Daniella
Greatness, you both always motivated me to continue. And to Emmanuel Augustine,
Jeremiah Augustine and Marvelous Augustine, thank you so much for all the encouragement.

I cannot but appreciate my mentors and senior colleagues; Miss Praise Ogabi, Mr. Alexolat
Olatunbosun Akindoju, Mr. Agu Nmesoma, Mr John Ojelabi, Miss Olamide Talabi, Mr.
Aristotle Abiodun, Mr. David Anifowose and Miss Funmilayo Antonio. I obviously would
not have made it this far without your guidance and advice. I am eternal obliged to you all.

To my best friends, Chiori Joshua, Emerho Blessing, Abu Oluwatoba James, Indomitable
Faith, Fadekemi, Idowu Oluwatobi, Oladoyin Asake and Ogbara Moyosoreoluwa thanks for
always being there through the thick and thin, I am very grateful. To my great buddies, Taiwo
Ayodele, Merari Shado, knowing you guys have really been a blessing, thanks for all you do.
To all my friends, Akinosho Robert, Oke Tolulope David, and Alexbolat, to mention but few;
you guys brought in all your parts of the story of my wonderful stay in LASU. May our
relationships transcend LASU into a great and successful future out there in the labour
market.

I also appreciate Eruku Paul for his assistance with this project. You have a special place in
my heart.

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To my SUCF LASU, CLASFON-LASU, and GANI FAWEHINMIN STUDENT
CHAMBERS family; if I were to write about you all, it would be for another five years of
solely writing different projects to cover the various wonderful, insightful and helpful
experiences that have shaped our sojourn on Campus. I deeply love and appreciate you all.

I am really pressed for space and time, thus this acknowledgement segment would not afford
me the whole space to expressly capture the names of all persons who have been influential
in one way or another to my successful stay in LASU. However, I implore you all to
confidently assure yourselves of the fact that you will forever be precious and valuable on the
unwritten tablets of my heart.

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 TABLE OF CONTENT

Cover Page
Title Page
Certification
Dedication
Acknowledgement
Table of Contents
Table of Cases
Table of Statutes
Abbreviations
Abstract

Chapter One: General Introduction

1.1 Background to the Research..........................................................................................1

1.2 Statement of the problem .............................................................................................7
1.3 Aim and objectives of the Research .............................................................................7
1.4 Research Questions ......................................................................................................8
1.5 Research Methodology .................................................................................................8
1.6 Significance of the Research ....................................................................................... 9
1.7 Justification of the Research ............................................................................... …..10
1.8 Scope of the Research/ Research Delineation.............................................................11
1.9 Literature Review .......................................................................................................12
1.10 Organizational Layout................................................................................................24

Chapter Two: Evolution of the Rights of the Child Globally and in Nigeria
2.1 Conceptual Clarifications…………………………………………………………......25
2.2 Evolution of Child’s Rights…………………………………………………………...32
2.2.1 Evolution of Child’s Rights in the World…………………………………………...32
2.2.2 Evolution of Child’s Right in Africa …………………………………………..……34
2.2.3 Evolution of Child’s Right in Nigeria ………………………………………………35
2.3 Theoretical Foundation of Child’s Right………………………………………….......38
2.4 Chapter Conclusion …………………………………………………………………...43

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Chapter Three: The Legal Frameworks for the Rights of the Child in Nigeria
3.1 Introduction ……………………………………………………………………………44
3.2 The Legal Framework for the Rights of the Child in Nigeria………………………….44
3.2.1 The International Legal Framework for the Rights of the Child in
Nigeria……………………………………………………………………………………...44
3.2.1.1 The Declaration of Geneva on Children’s Rights 1924 (Geneva Declaration)….....44
3.2.1.2 United Nations Declaration of Human Rights (UDHR)............................................46
3.2.1.3 Declaration of the Rights of the Child in 1959 (1959 Declaration)...........................48
3.2.1.4 International Covenant on Civil and Political Rights (ICCPR)...............................49
3.2.1.5 International Covenant on Economic and Social and Cultural Rights (ICESCR)…54
3.2.1.6 The United Nations Convention on the Rights of the Child (CRC)..........................55
3.2.1.7 Other International Legal Instruments in support of Childs Rights in Nigeria.........57
3.2.2 The Regional Legal Framework for the Protection of the Rights of the
Child………………………………………………………………………………………..57
3.2.2.1 The African Charter on Human and Peoples Rights (The Banjul Charter)...............57
3.2.2.2 The African Charter on the Rights and Welfare of the Child (The Children’s
Charter)..................................................................................................................................59
3.2.3 The National Legal Framework for the Rights of the Child in
Nigeria……………………………………………………………………………................62
3.2.3.1 The Constitution of the Federal Republic of Nigeria 1999 as amended (CFRN)......62
3.2.3.2 The Child's Rights Act 2003 (CRA)...........................................................................64
3.2.3.3 Other National Legal Regimes Supporting Child Rights in Nigeria..........................71
3.3 An Analysis of the Child’s Right Laws of Other Jurisdictions: Governmental Activism
Underscored...........................................................................................................................73
3.3.1 South African and Ghanaian Child's Right Laws vs. Nigerian Child's right
laws.........................................................................................................................................73
3.5 Chapter Conclusion .........................................................................................................77

Chapter Four: Institutional Frameworks for the Rights of the Child in Nigeria
4.1 Introduction……………………………………………………………………………..78
4.2 Institutional Frameworks for the Rights of the Child in Nigeria.....................................78
4.3 The National Level………………………………………………………………….......79
4.3.1 Judicial Institutions at the National Level..............................................................…...79
4.3.1.1 The National Industrial Court.................................................................……………79
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4.3.1.2 The Family Court.................................................................…………………………81
4.3.2 Executive Institutions at the National Level...................................................................88
4.3.2.1 The National Human Rights Commission...................................................................88
4.3.2.2 National Agency for the Prohibition of Trafficking in Persons and other Related
Matters ……………………………………………………………………………………….91
4.3.2.3 The National, State and Local Government Child Rights Implementation
Committees…………………………………………………………………………………...92
4.4. The Judicial and Executive institutions at the Regional and International Levels……....95
4.4.1 The African Human Rights Commission
………………………………………………………………………………………………..96
4.4.2 The African Committee of Experts on the Rights and Welfare of the Child ………….98
4.4.3 The ECOWAS Court of Justice………………………………………………………..98
4.4 At the International Level………………………………………………………………100
4.5 The Role of the Judiciary in Combatting Child Rights Violations and Enforcing Child’s
Rights.....................................................................................................................................101
4.6 The Role of Other Stakeholders.......................................................................................102
4.6.1 Civil Societies and Non-governmental Organizations..................................................102
4.6.2 The Media.....................................................................................................................104
4.6.3 Religious Bodies...........................................................................................................104
4.7 Towards All-Round Activism including Governmental Activism……………………...105
4.6 Chapter Conclusion …………………………………………………………………….108

Chapter Five

Summary, Conclusion and Recommendation

5.1 Summary ……………………………………………………………………………….109
5.2 General Conclusion …………………………………………………...………………..112
5.3 Recommendation …………………………………………………………………........113
Bibliography..........................................................................................................................119

viii
 TABLE OF CASES

Nigerian Cases

Abacha v Fawehinmi [2000] 6 NWLR Part 228.

Adesubokan v Yinusa (1971) NNLR 77.
AG, Lagos State v AG, Federation [2004] 18 NWLR (Pt. 904) 1 SC.
Anozia v Nnani (2015) 8 NWLR (pt 1461) 241-259
ANPP v IGP (2006) CHR 181.
APC v INEC (2015) 8 NWLR (pt 1462) 531-603.
Attorney General of the Federation v Ubah Joy Chioma (unreported case) Suit No.
NICN/OW/04/2015.
Edet v Essen (1932) 11 NLR 47-48.
Emeakuana v Umeojiaku Suit no. AA/IA/1976 (Unreported) High Court, Awka.
Gbemre v Shell Petroleum Dev. Corp & the Nigerian National Petroleum Corporation (2005)
6 AHRLR 152 (Nigeria).
General Sani Abacha v Chief Gani Fawehinmi (2000) SC No. 45/1997.
Hon. Muyiwa Inakoju & 17 Ors v Hon Abraham Adeolu Adeleke & 3 Ors (S.C.
272/2006)[2007] NGSC 55.
Labinjoh v Abake (1924) 5 NLR.
Nwaribe v President Oru District Court (1964) 8 ENLR 24-27.
Olukoya v Olukoya [1961] WNLR 209, 211.
Peter v the State (1997) 12 SCNJ 53.
Popoola v State [2013] 17 NWLR part 1382, 100.
Re Adadevoh (1951) 13 WACA 304,
Rotibi v Savage (1944) 17 NLR 77.
Sambo v the State [1993]7 SCNJ (Pt 1) 128.
Ukeje v Ukeje (2014) 11 NWLR (pt 1418) 384-414.

Foreign Cases
Academic Staff of Nigerian Universities v Nigeria, ACHPR, Comm. No. 107/93 (1993). See
http://hrlibrary.umn.edu/africa/comcases/107-93.html accessed 8th February, 2023.
Bamidele Aturu v Nigeria, ACHPR, Comm. No. 72/92 (1994). See
http://hrlibrary.umn.edu/africa/comcases/72-92.html accessed 8th February, 2023.

ix
Bariga v Nigeria, ACHPR, Comm. No. 57/91 (1994). See
http://hrlibrary.umn.edu/africa/comcases/57-91.html accessed on the 8th February, 2023.
Civil Liberties Organization v Nigeria, ACHPR, Comm. No. 67/92 (1994). See
http://hrlibrary.umn.edu/africa/comcases/67-91.html accessed on the 8th February, 2023.
Koraou v Niger, Judgment, ECW/CCJ/APP/0808 (ECOWAS, Oct. 27, 2008)
http://www.worldcourts.com/ecowasccj/eng/decisions/2008.10.27_Koraou_v_Niger.htm.
Registered Trustees of the Socio-economic Rights and Accountability Project (SERAP) v the
Federal Republic of Nigeria and Universal Basic Education Commission (UBEC), Judgment,
ECW/CCJ/APP/12/07; ECW/CCJ/JUD/07/10 (ECOWAS, Nov. 30, 2010)
http://www.worldcourts.com/ecowasccj/eng/decisions/2010.11.30_SERAP_v_Nigeria.htm.
SERAC v Nigeria, Decision, Comm. 155/96 (ACmHPR, Oct. 27, 2001). See also Documents
of the African Commission on Human and Peoples’ Rights, Vol. 2, at 333 (Malcolm D.
Evans & Rachel Murray eds., 2009); (2001) AHRLR 60 (ACHPR 2001). See
http://www.worldcourts.com/achpr/eng/decisions/2001.10.27_SERAC_v_Nigeria.htm.
ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4.

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 TABLE OF STATUTES

Nigerian Legislations

African Charter On Human And Peoples’ Rights [Ratification And Enforcement] Act CAP
A9, Laws of the Federation of Nigeria (LFN), 2004.
Child's Rights Act 2003 Cap C50, Laws of the Federation of Nigeria, 2010.
Children and Young Person Act, enacted in Eastern, Western and Northern regions, etc.
Children and Young Persons Act Cap 32, Laws of the Federation of Nigeria and Lagos, 1958.
Children and Young Persons Law.
Compulsory, Free Universal Basic Education Act, 2004.
Constitution of the Federal Republic of Nigeria 1999 as amended.
Criminal Code Act Cap. C. 38, Laws of the Federation of Nigeria, 2010,
Cybercrimes (Prohibition, Prevention, Etc) Act, 2015.
Evidence Act 2011.
National Human Rights Commission Act.
Nigerian Labour Act Cap. L. 1, Laws of the Federation of Nigeria, 2010,
Penal Code Act Cap 89, Laws of Northern Nigeria 1963
Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015
Violence Against Person Prohibition Act 2015.

Foreign Legislations

Child Justice Act No 75 of 2008.

Children's Act No.38 of 2005.
Constitution of the Republic of Ghana, 1992.
Constitution of the Republic of South Africa 1996.
Maintenance Act No.99 of 1998.
Social Assistance Act No.13 of 2004.

International Treaties

African Charter on Human and Peoples Rights 1981.

African Charter on the Rights and Welfare of the Child 1990.

xi
Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or
Punishment.
Convention Against Trans-national Organized Crime.
Declaration of Geneva on Children’s Rights 1924.
Declaration of the Rights of the Child in 1959.
International Covenant on Civil and Political Rights 1966.
International Covenant on Economic and Social and Cultural Rights 1966.
International Labour Convention 138 on Elimination of the Worse Forms of Child Labour.
International Labour Convention 182 on Minimum Age.
Optional Protocol on the Involvement of Children in Armed Conflicts.
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.
Optional Protocol to the Convention on Elimination of All Discrimination Against Women.
Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and
Children.
United Nations Convention on the Rights of the Child 1989.
United Nations Declaration of Human Rights 1948.

xii
 ABBREVIATIONS

ACERWC - African Committee of Experts on the Rights and Welfare of the Child
ACHPR - African Commission on Human and Peoples’ Rights
AHRLR - African Human Rights Law Report
ANPPCAN - African Network for the Protection and Prevention of Child Abuse and Neglect
AU – African Union
CA – Court of Appeal
CC/CCA - Criminal Code Act
CFRN - Constitution of the Federal Republic of Nigeria 1999 as amended.
CRA - Child's Rights Act
CYPA - Children and Young Person Act.
CYPL - Children and Young Persons Law.
Decision Comm. – Decision Communication
EA - Evidence Act 2011.
ECOWAS – Economic Community of West African States
FGM - Female Genital Mutilation
FHC – Federal High Court
HRBA - Human Rights-based Approach
ICCPR - International Covenant on Civil and Political Rights 1966.
ICESCR - International Covenant on Economic and Social and Cultural Rights 1966.
ICPC - Independent Corrupt Practices Commission
LCRIC - Local Government Child Rights Implementation Committees
NACCRAN - National Council of Child Rights Advocates of Nigeria
NAPTIP - National Agency for the Prohibition of Trafficking in Persons and other Related
Matters
NCRIC - National Child Rights Implementation Committees
NHRC - The National Human Rights Commission
NICN/NIC – National Industrial Court of Nigeria
NLR - Nigerian Law Report
NNLR - Northern Nigeria Law Report
NWLR - Nigeria Weekly Law Report
PCA - Penal Code Act
SC – Supreme Court
xiii
SCNJ - Supreme Court of Nigeria Judgments
SCRIC - State Child Rights Implementation Committees
TIPPEA Act - Trafficking in Persons (Prohibition) Enforcement and Administration Act
2015
UDHR - United Nations Declaration of Human Rights 1948
UN – United Nations
UBE – Universal Basic Education
UNCRC/CRC - United Nations Convention on the Rights of the Child 1989.
UNESCO - United Nations Educational, Scientific and Cultural Organization
UNICEF - United Nations International Children Emergency Funds
UNPFA - United Nations Population Fund
VAPPA - Violence Against Person Prohibition Act 2015.
WACA - West African Court of Appeal
WHO - World Health Organization
WNLR - Western Nigeria Law Report

xiv
 ABSTRACT
The rights of the Child in Nigeria have both evolved statutorily and institutionally to ensure
that these rights are respected, guaranteed and protected. The subject of the rights of these
vulnerable group has not escaped the vigilant eyes of juristic writers who have examined in
details what the substance of these rights are, and have called to the attention of the
government, the places where the same defaulted to ensure these rights are guaranteed and
well protected. But this has not ameliorated the abusive and life-diffusing circumstances that
all manner of children, especially in less privileged areas of the country, are subjected to.
Multinationals go on with oil drilling for instance, in the Niger Delta, drilling deep holes of
despair into the lives of the children living in those areas as the right to life, healthy
environment and other fundamental rights are trampled scot-freely. Even when effective laws
and agencies are established to checkmate these anomalies, there is gross inertia fuelling the
non-implementation and enforcement of these laws. The strategic place of children in the
shape and delicate prosperity of Nigeria in the future cannot be negotiated. Nigeria, being the
giant of Africa is a signatory to many international and regional legal regimes upon which
more clearly, succour may be sought to ensure the rights of these vulnerable groups may be
fully realized and maintained. The examination of these legal and institutional frameworks
was carried out in this paper to unveil what the real problems are to the full realization of the
rights of the child in Nigeria. A seemingly novel concept of governmental and all-around
activism was also analysed; to contextualize the most appropriate approach within which the
child's rights and related matters ought to be addressed, to effectively tackle the gargantuan
dilemmas giving a bleak future to the Nigerian child. Findings revealed inter alia, that the
manner in which the Child's Rights Act 2003 was enacted in Nigeria was inefficient. Also,
that section 12 of the Nigerian Constitution is problematic especially with regards to
domesticating the international instruments providing legal protection for child's rights in
Nigeria. Importantly also, it was found that the National Industrial Court has a role to play in
addressing the problems of child labour and child begging. Therefore, the study
recommended that not only legislative reforms be made in specific areas as highlighted in the
research on various national and international legal instruments such as the Child's Rights
Act, the Constitution of Nigeria, the Penal Code and the African Children's Charter; but it
also made recommendations as touching how the judicial and executive arms can proactively
fulfil their obligations as duty bearers in relation to the rights of the Children. Importantly,
comparative analysis was also made of other jurisdictions.

xv
 CHAPTER ONE:

GENERAL INTRODUCTION

1.1 BACKGROUND TO THE RESEARCH

All humans, and indeed, every living person, have inalienable and inherent rights that accrue
to them by the mere fact that they are humans. The child, being a person recognized by the
state, is not therefore without rights to be recognized, respected, guaranteed and protected by
all parties that interact with them. The Criminal Code of Nigeria in section 307 for instance,
and section 212 of the Criminal law of Lagos State 2015, inter alia, provides for the
recognition of the personhood of a child in Nigeria while they read seriatim;

“A child becomes a person capable of being killed when it has completely proceeded
in a living state from the body of its mother, whether it has breathed or not, and
whether it has an independent circulation or not, and whether the navel string is
severed or not.”

“A child becomes a person capable of being killed when it is completely proceeded in

a living state from the body of its mother, whether or not it has breathed, or has an
independent circulation, or the navel-string is severed.”

The implication is that once the child is born, he has rights, for instance the right to life,
which may be violated when such child is killed. This recognition of the personhood of the
child however, was not always the case ab initio, as not only in Nigeria, but from a global
standpoint, the recognition and consolidation of child’s right is relatively more recent with
respect to the rights of adults. However, the pace at which Nigeria recognized the rights of
the child was reasonably not so slow-paced considering the impact of English Colonization of
the same.
Concerning the slow-paced recognition of the rights of the child, Hanita, Ben-Arieh and
Hendelsman1 outline three periods under which the history of the evolution of the rights of
the child may be traced, viz; the pre-industrial period, the industrial period and from the

1
Kosher, Hanita, Asher Ben-Arieh, and Yael Hendelsman, “The history of children’s rights” Children's Rights
and Social Work. Springer, Cham, (2016). p 9-18, available at;
https://www.researchgate.net/publication/315862642_The_History_of_Children%27s_Rights accessed 13th
September, 2022.

1
mid-20th century to the present. From their observations for instance, before the 16th century,
the period of childhood in the stages of development for the child was largely unnoticed. The
world, generally speaking, was ignorant of the concept of childhood as being a distinct period
of life. The result was that children above the age of six were considered to be young adults 2
and were at most viewed as properties of their parents and not as human beings with their
own status and rights.3 This was the prevalent legal and social standpoint of the globe at that
time generally. This continued up to the early 19th century, a situation which also facilitated
or invariably provided unlimited autonomy for parents to treat their “properties” the way they
deemed fit. The abuse of corporal punishment was also in vogue as same was meted out
recklessly and tortuously to children.

Another factor that was responsible for the abuse of children was the high mortality rate of
children in that period. Historians opined that the “shock absorber” developed by parents to
deal with this situation was to estrange themselves from their children, treating them without
the required love and trust that they needed for healthy growth and construction. The
rationale was that not being too emotionally attached to the child would ultimately make
them ready to face a case of infant mortality whenever it happened to their children. 4 This led
to neglect and abuse of the child, negative parent-children relationships, child labour and
exploitation and so on and so forth.

The 19th century up to the 20th century, which was marked in the main by the industrial
period, did not only bring with it, industrial revolutions and technological advancement, but a
remarkable shift from the traditional property concept of a child, to the personhood concept
of the child, as a “person in the making”5 with rights to be protected, although these
recognition was relatively nascent.

Next, this happened, the evolution of children’s protection rights —laws against industrial
child labour— on one hand, and children’s provision Right such as entitlement to education,

2
Aries, P. Centuries of childhood: A social history of family life. New York: Vintage Books (1962).
3
Hart, S. N. From property to person status: Historical perspective on children’s rights. American
Psychologist, (1991), p.53.
4
ibid. See also deMause, L, The History of Childhood, New York: Psychohistory Press (1974).
5
Children were perceived as “becoming human” and were not yet recognized as full human beings with
freedoms. See Alaimo, K. “Historical roots of children’s rights in Europe and the United States”, In K, Alaimo
& B. Klug (Eds.), Children as equals: Exploring the rights of the child, Lanham, MD: University Press of
America. (2002), (pp. 1–24).

2
on the other. This development continued up until after the World wars of the early 20 th
century. International Laws such as the Declaration of Geneva on Children’s Rights was
adopted by the League of Nations in 1924; Declaration of the Rights of the Child in 1959 by
the United Nations (UN) General Assembly; the Convention on the Rights of the Child
(CRC) unanimously adopted by the UN on November 1989; and so on and so forth.

The 1959 Declaration, unlike the CRC, did not recognize the child’s individual right to
participation, but was still also characterized by the provision-protection view of children’s
rights. This was owing to the assumption of childhood dependency and vulnerability which it
adopted; children were viewed as “objects” in need of “services”. 6 The CRC obviously was
an improvement on the 1959 Declaration, as it was recorded to be the only human rights
treaty to combine civil/political, economic, social, cultural and humanitarian rights in a single
instrument.7 Thus the child’s right to protection from harm and abuse, the right to childhood,
to develop into an autonomous adult, and to have a voice in matters concerning and affecting
the individual child were affirmed by the CRC. 8

Shifting the lens to Africa, the account of the development of the rights of the child in Africa,
particularly with regards to pre-CRC era, is not without controversy. Howard opines that
Children’s rights (and generally human rights) were unknown to traditional Africa. 9 And
Donelly holds similar views.10 However, Mezmur 11 opposing their argument posits that
traditional Africa has always respected and continues to respect a number of children’s rights.
With regards to legislation, the Regional Organizations can be likened figuratively to athletes
in a relay race, with International organizations such as the UN as the first athlete, and the
Regional Organizations its first runner-up. Thus following the Declaration of the Rights of
the Child in 1959 by the UN, the Organization of African Unity (OAU) adopted the
6
Cohen, C. P. “United Nations Convention on the Rights of the Child: Developing international norms to create
a new world for children”, In K. Alaimo & B. Klug (Eds.), Children as equals: Exploring the rights of the child
Lanham, MD: University Press of America (2002), pp. 49–72.
7
Kosher, Hanita, Asher Ben-Arieh, and Yael Hendelsman. "The history of children’s rights" Children's Rights
and Social Work. Springer, Cham, (2016). p 9-18. Available at;
https://www.researchgate.net/publication/315862642_The_History_of_Children%27s_Rights accessed 13th
September, 2022.
8
Alaimo, K. “Historical roots of children’s rights in Europe and the United States”, In K, Alaimo & B. Klug
(Eds.), Children as equals: Exploring the rights of the child, Lanham, MD: University Press of America. (2002),
(pp. 1–24).
9
Howard, R. ‘Evaluating Human Rights in Africa: Some Problems of Implicit Comparisons’, Human Rights
Quarterly, 6, (2), (1984) pp. 160-179.
10
Donnelly, J. Universal Human Rights in Theory and Practice. (Ithaca: Cornell University 1989).
11
Mezmur B., ‘The African Children’s Charter versus the UN Convention on the Rights of the Child: A zero-
sum game?’ (SA Public Law, 23, (1) 2008), p. 1-29.

3
Declaration on the Rights and Welfare of the African Child in 1979. When the CRC was
adopted in 1989, the African Charter on the Rights and Welfare of the Child, also known as
African Children’s Charter (Children’s Charter), was adopted by OAU (now African Union
(“AU”) on the 11th July 1990. However, it is salient to note the somewhat questionable or
reluctant attitude of African States to ratify the Children’s Charter in pursuit of its
implementation; ratification which was not difficult for them when the ratification of the
CRC was necessary; in fact they rushed to ratify the CRC. But the Children’s Charter came
into force after 9 years on 29th November 1999, after 15 states eventually ratified it, which
was necessary for the Children’s Charter to come into force. For instance, Ghana, the first
country to ratify the CRC (within a month of its adoption) took 15 years to ratify the
Children’s Charter. Thus Njungwe12 asks;

“If the specific protection of African children was so urgent that it necessitated a
separate treaty, why did it take so long for African leaders to ratify their own treaty?”

Focusing the binoculars on Nigeria, legislatively speaking, Nigeria’s efforts are laudable.
Ranging from the International Covenant on Civil and Political Rights (ICCPR), the
International Covenant on Economic and Socio-Cultural Rights (ICESCR), the CRC on the
International plain, down to regional legal regimes such as the African Charter on Human and
People’s Rights (ACHPR or the Banjul Charter) 1981, to the Children’s Charter, all
International and African regional human rights instruments have Nigeria as one of its
signatories.13 The Child’s Right Act 2003 14 (CRA) was enacted by the National Assembly in
a bid to domesticate the CRC and the Children’s Charter.

However, the story around domestication of the CRC in Nigeria has not been all rosy; it is
faced with its own problem created by the problematic procedure for domestication provided
in section 12 of the Constitution of the Federal Republic of Nigeria 1999 as amended

12
Njungwe, E.N. 'International Protection of Children's Rights: an analysis of African attributes in the African
charter on the rights and welfare of the child'. Cameroon Journal on Democracy and Human Rights, 3, (1)
(2009) pp. 4-25
13
Chilenye Nwapi, ‘International Treaties in Nigerian and Canadian Courts’ African Journal of International
and Comparative Law 38(2011) 19; See also Edwin Egede, ‘Bringing Human Rights Home: An Examination of
the Domestication of Human Rights Treaties in Nigeria’ Journal of African Law 249 (2007) 51; A O Enabulele,
‘Implementation of Treaties in Nigeria and the Status Question: Whither Nigerian Courts’ (2009) 17 African
Journal of International and Comparative Law 326. See also Section 12 Constitution of the Federal Republic of
Nigeria, 1999 as amended (hereinafter referred to as CFRN).
14
Cap C50, Laws of the Federation of Nigeria, 2010.

4
(“CFRN”). An additional dilemma is the fact that the concurrent list contained in part II to
the Second Schedule does not expressly provide for matters particularly pertaining to children
and their rights. This residually places the province of legislating over children and their
rights to the House of Assemblies of each state. The implication is that without the due
approval of all state house of assemblies the national Assembly cannot domesticate the CRC
and even when such act is made, it cannot be binding on each state of the federation except
such state re-enacts such laws in their individual House of Assembly. Thanks to these
“enabling” provisions, as many as 11 of the country’s 36 states have not yet re-enacted
Nigeria’s CRA.15

As if that is not enough, executive or judiciary-wise, the implementation of all these laws has
met their waterloo in the suffocating environment of bad governance, corruption,
victimization and exploitation of the poor, and of women and especially, children. For
instance, in Kano, the sentencing of a 13-year old boy for 10 years,16 ‘in a Sharia court in
Kano State in Northwest Nigeria after he was accused of using foul language toward Allah in
an argument with a friend’ 17 drew condemnation from organizations such as the United
Nations International Children’s Emergency Fund (UNICEF). This is only one out of many
instances, of the life-diffusing circumstances that some children or even juvenile delinquents
find themselves in Nigeria; where there is no rule of law, there will be the rule of force.

Against this backdrop, UNICEF in 2020 has predicted that Africa’s child population will
increase by 50 per cent over the next 30 years.18 In a brochure of the UNICEF it is stated that:

Over the next 30 years, the child population will increase by 50 per cent to 941
million in 2050. This means over 315 million more children will need access to
quality health care, education and other essential services, compared to 2020… About
50 per cent more births – some 525 million – will occur in the 30 years up to 2050
compared to the same time period before 2020. Central Africa and Western Africa are

15
Olayinka Silas Akinwumi, Legal Impediments on the Practical Implementation of the Child Right[s] Act
2003, 37 (INT’L J. LEGAL INFO. 2010) pp. 385–86. See also Daniel Ogunniyi, The Challenge of
Domesticating Children’s Rights Treaties in Nigeria and Alternative Legal Avenues for Protecting Children, (J.
AFR. L., 2018) pp. 447–48.
16
Mezmur, ‘The African Children’s Charter @ 30: A distinction without a difference?’The International
Journal of Children’s Rights 28 (2020) pp. 693-714
17
CNN, 16 September 2020
18
UNICEF, One billion strong Protecting children’s rights in Africa today and tomorrow, Data and Analytics
Section Division of Data, Analytics, Planning and Monitoring UNICEF.

5
 projected to experience the largest increase (68 and 59 per cent, respectively);
Northern Africa the lowest increase (17 per cent). Ensuring that these births will be
attended by skilled medical personnel and providing mothers with quality care before,
during and after birth will require a substantial investment in the existing health
system in most African countries. 19

We must appreciate the fact that the 59 per cent increase predicted for West Africa would be
championed by Nigeria which happens to be the giant of Africa, particularly in terms of
population. Thus more children will need access to quality health care, education and other
essential services in the next 30 years in Nigeria, compared to 2020. And also, this large
increase in births will need to be attended to by skilled medical personnel and providing
mothers with quality care before, during and after birth will require a substantial investment
in the existing health system in Nigeria. All stakeholders both state and non-state actors must
therefore rouse themselves from every carefree and neglectful attitude towards the maters of
children’s rights immediately, and not only address the anomalies on ground but prepare as
well for what really lies ahead.

Therefore, the rationale behind this research work is in a bid to provoke and stir up not only
legislative reforms, but legislative, executive and judicial pro-activeness and activism to put
an end to the reign of diverse child abuses that are the order of the day in different parts of
Nigeria, particularly as perpetrators of these abuses have a field day and go on unchecked
either in the absence of unenforceable laws, lack of political will power by the state to
enforce same, or even lack of a right-based approach to judicial activism to the rights and
welfare of this vulnerable minority group. There is also the problem of not seriously and
proactively taking up the task of creating the much needed awareness particularly in rural
areas where the mirage of harmful traditional and religious practices provide not only
justification for the perpetration of these heinous human rights violations to the person of the
child, but are also the values that are transmitted to successive generations of the victimized
children that manage to survive into adulthood. Hence, an examination or comparative
analysis of countries for instance, like South Africa and Ghana, inter alia, would be explored
to see how in their individual respects, different rights of children have been fast-tracked,
facilitated and guaranteed either legislatively, executively or judicially.

19
Ibid, p5.

6
1.2 STATEMENT OF THE PROBLEM

While Nigeria is gradually moving towards progressive realization of the rights of the Child,
this research work is an attempt to fast-track, and hasten the pace at which these rights are
realized and actualized for the best interest of the Nigerian child. In order to accomplish this,
the research suggests something pre-supposedly novel; not only legislative reforms, but
executive activism and pro-activeness, legislative activism and pro-activeness and judicial
activism all geared toward ensuring the speedy realization of the rights of the child in
Nigeria. The research reveals that there is a moral and legal governmental “acquiescence” by
all arms and tiers of the government in Nigeria as they sleep on their duties towards the
protection, respect and guarantee of the rights of this vulnerable group, in a way that not only
destabilizes and cripples the whole capacity of the country to realize this right in the present,
but to sufficiently position themselves to tackle the challenging responsibilities that will face
the country during unprecedented increase in birth rates by the year 2030.

1.3 AIM AND OBJECTIVES OF THE RESEARCH

The aims and objectives of this research work are therefore listed as follows;
1. To disclose what constitutes the current legal and institutional framework for the rights of
the child in Nigeria.
2. To assess the effectiveness of the current legal and institutional framework for the rights of
the child in Nigeria in guaranteeing these rights.
3. To critically examine whether or not the current legal and institutional framework for the
rights of the child in Nigeria is sufficiently or predictably well positioned to tackle future
challenges that will result in increased children population in Nigeria by 2030 in terms of
guaranteeing to all of them the rights of the child.
4. To identify the problems, dilemmas and challenges besieging the Nigerian child in terms of
the respect, protection and guaranteeing of his rights as a child.
5. To create awareness and enlightenment especially to right holders in rural areas in Nigeria
who have not attained the age of majority.
6. To carry out comparative analysis in other jurisdictions to garner useful strategies for
combating the diverse challenges plaguing the Nigerian Child.

7
1.4 RESEARCH QUESTIONS

The research work addresses the following questions;

1. What constitutes the current legal and institutional framework for the rights of the
child in Nigeria?
2. Have this current legal and institutional framework for the rights of the child in
Nigeria been effective in guaranteeing to the Nigerian child these rights?
3. Is the Country well positioned in terms of its legal and institutional framework for
the rights of the child in Nigeria to tackle future challenges that will result in
increased children population in Nigeria by 2030 in terms of guaranteeing to all of
them the rights of the child?
4. What are the problems, dilemmas and challenges besieging the Nigerian child in
terms of the respect, protection and guaranteeing of his rights as a child?
5. What better approach can be employed to improve the current legal and
institutional framework for the rights of the child in Nigeria for effective and
speedy realisation of the rights of the Nigerian child?
6. What lessons and strategies may be garnered from other jurisdictions to better
improve the current legal and institutional framework for the rights of the child in
Nigeria for effective and speedy realisation of the rights of the Nigerian child?

1.5 RESEARCH METHODOLOGY

The Research approach refers to the fact that the research may be doctrinal/library based
research (qualitative), or non-doctrinal/through field work (quantitative) Research.
Methodology deals with the principles, strategies, theoretical and philosophical frameworks
which provide guidance to the researcher in the acquisition, analysis and presentation of
data/information. It spells out the methods, techniques and procedures to be used by the
researcher in going about his research in order to achieve the desired purpose and objectives.
These methods include observation, survey, experiment, test, questionnaire, interview,
exploratory method, historical method, analytical method, descriptive method, comparative
method, etc.

The research methodology and approach used in this research is primarily the doctrinal or
library based approach; and there is the conjunctive use of the exploratory method, historical
8
method, analytical method, descriptive method and the comparative method. The rationale for
the use of this approach and methodology is that the research work concerns itself with the
legal and institutional framework for the rights of the child in Nigeria, which would of course
warrant that the corpus of law that constitute the legal framework be brought to the table for
elucidation, analysis and possible constructive criticism. Meanwhile the historical account
behind the enactment or promulgation of some of these laws would also have to be embarked.
In sum, historical, analytical, descriptive analysis is employed to clarify concepts, elucidate
on primary and secondary sources and to bring out the weaknesses and strengths of the legal
and institutional framework of Nigeria. Comparative analysis is employed to clarify concepts,
elucidate on primary and secondary sources and to bring out the differences between the legal
and institutional framework of Nigeria and other jurisdiction such as Ghana and South Africa.

Thus the research work examines various primary sources of law such as international legal
regimes like the United Nations Declaration of Human Rights (UDHR), International
Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic
and Socio-Cultural Rights (ICESCR), the United Nations Convention on the Rights of the
Child, Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict 2000. the regional legal regimes such as the African Charter on
Human and People’s Rights 1981; the African Charter on the Rights and Welfare of the Child
1989; and national legal regimes such as the Constitution of the Federal Republic of Nigeria
1999 as amended, Child’s Rights Act 2003, National Human Rights Commission Act,
Compulsory, Free Universal Basic Education Act, 2004, Cybercrimes (Prohibition,
Prevention, Etc.) Act, 2015 etc. Cases also would duly be drawn into the picture to reflect a
complete legal framework. Secondary sources as well such as legal standard texts, articles in
legal journals and some persuasive foreign judgements would be examined where relevant.

1.6 SIGNIFICANCE OF THE RESEARCH

Upon embarking on a research on this topic, it is not difficult to find that, though many
Juristic writers in Nigeria have attempted to appraise selected rights attributable and
attributed to the child, there is a dearth of the opinion of scholars in the area of holistically
considering the legal and institutional framework set up in Nigeria to ensure that the rights of
the Nigerian child is not compromised but guaranteed. The research also brings to the fore the
already conspicuous fact of the complex nature of the domestication of international treaties

9
in Nigeria, and opines that this "constitutional bureaucratic procedure" as it were, needs not
rigidly and inconsiderably be applied in matters that pertain to this vulnerable and delicate
group; for the child, as it is said, cannot be told to come later; their time is now, the adults can
wait. More so, the research work addresses the issue of the prevailing atmosphere of
complacency and neglect that characterizes all arms of government as regards the
prioritization of the full realization of the rights of the child, which prevents them from
ensuring that there is not only a conducive environment but an enabling, supportive and
protective environment for the Nigerian child to both reach his potentials and be able to
compete and contribute outstandingly with his peers in the international forum within the
scope of the phase of the childhood period. The jurisdiction of the National Industrial Courts,
as well as the National Human Rights Commission Act, and the Compulsory, Free Universal
Basic Education Act are also examined. This is unique compared to other research of this
kind. In addition, the research goes further to propound the notions of not only judicial, but
executive and legislative activism, so that all arms of government, would in the best interest
of the child, not rest their oars of complacency on the fact that there are no laws to address
children's rights, but would go ahead to ensure proactively that all infrastructural and organic
necessities and agencies are put in place to ensure the actualization of the best setting and life
for the Nigerian child.

1.7 JUSTIFICATION OF THE RESEARCH

The justification for this research work is readily obvious. As the nation progresses towards a
more democratised polity, the holistic appraisal of the legal and institutional framework for
the rights of the child in Nigeria, which has rarely, if at all, been embarked upon by jurists, is
of utmost importance; as the wheels of progress would meet a terrible gridlock and be halted
where there is a significant lack of personnel and structures to make it sustainable. In most
parts of the country, the gross violation of children’s rights that constitute the norm of both
government and governed call for pressing attention. The need for clear-cut and detailed
recommendations as gleaned from international best practices is expedient for the nation to
create a clear path out of this terrible maze of child rights violation. More so, time tested and
advocated concepts propounded or postulated by jurists and concerned writers would be
crystalized, such as the principle of moving beyond promulgation method of enlightenment
of laws to the expository or teaching method; as in the opinion of this researcher, laws are
meant to be taught and not just enacted and promulgated, to all citizens to enable them to be
10
considerably informed, and to either ingrain its observance in the populace, or empower them
to drive for the enforcement of the same where the state is slacking, as in the issues of child’s
rights. Another is governmental activism in all its organs in advancing the rights of the
Nigerian child. You will find in this research work unlike in others, an examination of the
jurisdiction of the National Industrial Courts, as well as the National Human Rights
Commission Act, and the Compulsory, Free Universal Basic Education Act all of which are
connected to child’s rights as well. Further and finally, this holistic appraisal would serve as a
means of better enlightenment on the issue of child’s rights in Nigeria, while it rests upon the
works of those who have considered the subject in its respective aspect.

1.8 SCOPE OF THE RESEARCH/ RESEARCH DELINEATION

This research work focuses the spotlight on the legal and institutional framework in Nigeria.
As such the jurisdictional focus in terms of geography shall be primarily based on Nigeria.
Further, the subject matter of the research is restricted to child’s rights. Therefore, other
rights for different minority groups apart from the general human rights such as the rights of
persons living with disabilities, the rights of women, the rights of refugees, etc. are not
examined. But the sole focus of this research is on the right of the child. Additionally, not all
the rights belonging to a child would be looked upon. The major and most widely used
classification of the rights of the child would be adopted, viz; Developmental Rights, Survival
Rights, Participatory Rights and Protection Rights. Moreover, since the context is Nigeria,
only legal regimes which are operational in Nigeria or to which Nigeria is a signatory or
ought to be a state party to shall be considered. Thus regional legal regimes covering the
rights of the child but to which Nigeria may be relatively unconcerned such as those of the
European Union and other continents/regions are not considered.

To this end, the basic content of this research work shall be on legal regimes that cuts across
the international, African regional and Nigeria spheres which addresses children’s rights such
as the UDHR, the ICCPR, the ICESCR, the CRC, Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict 2000; the Banjul Charter
1981; the Children’s Charter 1989; the CFRN 1999 as amended, Child’s Rights Act 2003,
National Human Rights Commission Act, Compulsory, Free Universal Basic Education Act,
2004, Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015. Also the opinions of jurists in

11
standard textbooks and journals and online publications concerning the rights of the child
shall also be considered.

Finally, some institutions set in place both internationally, in the African region and in
Nigeria are considered to be able to understand the rationale behind their establishment, what
their roles are and in order to assess their effectiveness in fulfilling the functions for which
they were established.

1.9 LITERATURE REVIEW

The subject of the rights of these vulnerable group has not escaped the vigilant eyes of juristic
writers who have examined in details what the substance of these rights are, and have called
to the attention of the government, the places where the same defaulted to ensure these rights
are guaranteed and well protected. In this part of the general introduction, the wise and
forcible opinions of Nigerian and foreign jurisprudents on this all-important subject of
children’s rights are not only acknowledged, but well appreciated. The aim of reviewing
different literatures on the subject matter of a research work is to appreciate what former
writers and in this case, juristic writers, have postulated and asseverated in the past, and to
identify the untouched or inadequately addressed areas concerning the same subject matter,
which, when you address through your own research, will inter alia, serve as a justification
for your own research work, and as your contribution to knowledge and the society. This is
exactly what shall be done. We start with the erudite postulations of Lilian Bomu and Dr.
Nnamdi Akani.20

In their article, their juristic torchlight brought enlightenment on the fact that, the legal
framework set in place in Nigeria, as the legal infrastructural basis for the enforcement of the
rights of the Nigerian child, is grossly inadequate. Further, they highlighted the role of the
judiciary in the enforcement of the rights of the child, including cases where the court had
contributed to the lack of protection of these rights by not meting out to perpetrators, the just

20
Lilian Bomu and Dr. Nnamdi Akani, “Protection of the Rights of Children in Nigeria: A Comparative
Analysis”, The Journal Of Property Law And Contemporary Issues Vol. 10, No. I, February 2019 Available at;
https://www.researchgate.net/publication/341611673_PROTECTION_OF_THE_RIGHTS_OF_CHILDREN_I
N_NIGERIA_A_COMPARATIVE_ANALYSIS?enrichId=rgreq-866040eb633bde0f2d60d4e40e9fc97e-
XXX&enrichSource=Y292ZXJQYWdlOzM0MTYxMTY3MztBUzo4OTQ4NjYzMjIwOTYxMjhAMTU5MD
M2NDE2NTAzMg%3D%3D&el=1_x_3&_esc=publicationCoverPdf accessed on 15th September, 2022.

12
sentence that they deserved even in cases like the capital offence of rape. This is a point to be
noted, as this buttresses the fact that the judiciary has not been adequately proactive in the
safeguarding of the rights of the child. In addition, they appraised the CRA and noted the
laudable achievements it had made in being child rights specific, going beyond rights
provided for children under the CFRN and other legislations, incorporating those
unenforceable provisions in Chapter 2 of the CFRN and making them enforceable, taking
cognizance of the rights of all children; child beggars, adopted, street children, disabled, the
ones in foster homes, refugee children, victims of abuse, the unborn children and the proper
care of pregnant or nursing mothers. However, they noted that the problems of trafficking in
children, Female Genital Mutilation (FGM), Child labour, Child begging, Sexual abuse of
children, child marriage, child exploitation, torture, cruel and degrading treatment, etc.
continue to besiege the Nigerian child unabated. They noted that the major stumbling block
to the full implementation is the grund norm of Nigeria: the CFRN. 21Others include
traditional and religious sentiments that have beclouded and blackened the minds of some
states in Nigeria from domesticating the CRA in their respective territories. Commendably
also, they made comparatively analysis with jurisdictions like Ghana, South Africa and India
and drew practical recommendations from their findings. However, the issue of migrating
from the mere promulgation of the CRA to the institutionalization of the proactive teaching
of the law to all persons and authorities concerned in the protection of the rights of the child,
including the children, was not addressed.

Akin O. Ogundayisi22 brilliantly focused on the CRA. Having analysed the bountiful
provisions of the CRA, he critically examined some impediments to the full implementation
of the Act in Nigeria. Summarily, his bone of contention was that the CRA experiences non-
implementation via non-domestication of same by most state governments in Nigeria.
Further, he anticipated and set the pace for the concept of legislative, executive and judicial
activism, when he said;

Thus, government, non-governmental organizations, parents and individual should be

ready to support the full realization of the provision of the Act in its entirety.
21
See section 12 CFRN on domestication of international treaties, which invariably puts matters of children and
family in the hands of state legislatures and not the federal legislature, since neither of the exclusive nor
concurrent legislative lists has any provision for the child.
22
Akin O. Ogundayisi, “Legal Impediments on the Practical Implementation of the Child Right Act 2003”
Available at;
https://www.academia.edu/6898104/LEGAL_IMPEDIMENTS_ON_THE_PRACTICAL_IMPLEMENTATIO
N_OF_THE_CHILD_RIGHTS_ACT_IN_NIGERIA accessed 15th September, 2022.

13
 Government need to provide adequate resources and opportunity. Non-Governmental
Organizations should show support with their own campaign, while parents and
individual should co-operate with the government, by fulfilling their own
responsibilities as provided.23

He pointed out, and pertinently so, that the CRA 2003 is a very ambitious legislation seeking
to address all issues of civil and criminal law relating to the child. However, he lamented the
fact that the all-too-important issue of Female Genital Mutilation was avoided by the CRA,
an omission that potentially decries and questions the efficacy of the CRA in really providing
protection to the rights of the female child in the Nigerian society. He advocated for
consistent study and observation on the abuse of children in Nigeria regularly; the creation of
a National Agency on Child’s Right Protection to this and other effects; an improvement on
counselling of parents and children, which increases parent-Teacher cooperation, free-
compulsory education, payment of better incentives to teachers, free health care system; on-
privatizing and/or non-commercializing of health, educational and social welfare institutions
essential in advancing children’s welfare; comprehensive water scheme for local
communities and villagers to reduce water borne diseases in children; awareness and
publicity on the provisions of the CRA; organization of specialized training and professional
education for persons involved in the administration of juvenile justice. He also
recommended24 that all the governmental organs connected to the adoption of children should
take the children’s welfare seriously, ensuring it takes precedence over all other
consideration.25 It is respectfully observed that the learned writer did not pay attention to the
role of the judicial arm of the government in proactively adopting a right-based approach to
guaranteeing the peremptorily sacrosanct rights of the Nigerian child.

Patricia I. Gbobo and Professor O.W Igwe, 26 in their comparative analysis, pointed out that
Nigeria can borrow a leaf from the child rights law and practice in South Africa, particularly
with regards to constitutional provisions, social security and justice system. Focusing
23
Ibid p. 13
24
“An Appraisal of Adoption Provisions Under Child’s Rights Act 2003”, UNIZIK Law Journal Vol.5 No.1
(published by Faculty of Law, Nnamidi Azikwe University Awka, Anambra State, Nigeria 2005) at pp.482-
491.
25
Section 1 of C.R.A. 2003
26
Patricia I. Gbobo and Professor O.W Igwe, “Child Rights Law and Practice in Nigeria: A Lesson from South
Africa”, UNIZIK, Law Journal 17 (1), 2021, available at;
https://journals.unizik.edu.ng/index.php/ulj/article/view/912 accessed on 5th October, 2022.

14
particularly on the problem of the non-domestication and concomitant non-implementation of
the CRA in various states of the Federation, they advocated for the amendment of section 12
of the Nigerian Constitution to enable international laws relating to children to directly be
automatically applied by the court as is obtainable in South Africa. Further, that there should
be constitutional amendment in order for the lack of conferment of exclusive rights on
children by the Nigerian Constitution to be rectified as is obtainable in South Africa via their
Constitution. Further still, they proposed that issues relating to children be removed from the
Concurrent Legislative list and placed within the Exclusive Legislative List so as to ensure
that laws like the CRA, which pertains to the Child, shall be applied by all States in the
federation. Pertinently, the learned writers also argued that the age of criminal liability in the
Northern states of Nigeria should be increased from 7 to 10 years as in South Africa, and that
all barriers of locus standi should be removed; also civil and criminal jurisdiction should be
dichotomized for speedy dispensation of justice for children who may have violated the law.
Finally, they advocated for enactment of Social Assistance Act and Maintenance Act which
would facilitate the provision of pecuniary support to orphans, destitute and poor parents,
thus guaranteeing the rights of children to survival, protection and development, as is the case
in South Africa. It is also respectfully observed that the learned jurists did not concern
themselves with appraising the role of the judiciary in the procurement and concretization of
the rights of the children in Nigerian law and practice.

Iguh, Nwamaka Adaora and Onyeka Nosike 27 expressed views on the rights of the Nigerian
child and the use of corporal punishment on a child. Basing their propositions upon the
Constitutional right of freedom of thought conscience and religion,28 they asseverated that the
ban of corporal punishment29 by the CRA was, in essence, inconsistent with the provision of
the constitution and a violation of the aforementioned right. The writers were also
uncomfortable with the provision of section 14(2) CRA which provided for the right of every
child to parental maintenance in the light of the extent of the resources of his parents or
guardians, particularly the right to enforce this right in the family court where such
maintenance is not provided. They wondered what the intention of the draftsman is, as they
argue that the immaturity of the child hinders him from having the capacity to understand

27
Iguh, Nwamaka Adaora and Onyeka Nosike, “An Examination Of The Child Rights Protection And Corporal
Punishment In Nigeria” available at; https://www.ajol.info/index.php/naujilj/article/view/82391 accessed on the
5th October, 2022.
28
Section 38 of the Nigerian Constitution.
29
See section 221 (1) (b) CRA.

15
adult finances. And that, since a child can only sue through either his parents or guardians, it
was inconceivable to think that a parent or guardian of a child can bring an action against
himself. Thus they advocated for the expunction of section 14(2) CRA. With due respect, it
might also be rightly argued, that considering the deplorable or unacceptable conditions
under which some children are being reared up, especially by willfully defaulting parents or
guardians who actually have the wherewithal to enhance the conditions of such
child/children, it is not out of place for the legislature to be concerned and not be neglectful
of the dangerous plight of such children, by allowing the child the opportunity of having this
right enforced by the state. Moreover, a better recommendation to the issue of the child suing
could be that any concerned, and most suitably, related adult could bring an action for the
enforcement of this right. Section 38 of Constitution of the Republic of South Africa 1996,
provides for the mode of enforcing the rights contained in the Bill of Rights; and makes the
principle of locus standi flexible in that, when seeking for redress in court, anyone acting in
his or her own interest or on behalf of another person who lacks capacity to act in his or her
own name or a group or class of persons, acting in the public interest, can access the court.
This is one of the points that Patricia I. Gbobo and Professor O.W Igwe tried to make with
regards to the issue of locus standi and child rights in Nigeria, when they proposed that
Nigeria should take a cue from South Africa. The same recommendation is also proffered in
this research.

Regarding the right of participation of the child, Michael A. AjaNwachuku30, the prolific
jurist, opines in his article, “The Nigerian Child and the Right to Participation: A Peep
through the Window of “The Best Interest” Clause of the Child’s Rights Act”, that the CRA
provided for this category of rights but were not express enough, as the words used in some
of its provisions31 are too implied, and might favour the argument that they do not confer
participatory rights. This is because it may be argued that the lawmaker would have
specifically mentioned same if he intended these rights to be conferred in such instances.
However, his cornerstone assertion was that the best interest clause in section 1 of the CRA
strongly enjoins that this category of rights be interpreted as falling within the meaning of
those provisions were the CRA was not specific with regards to the participatory rights of the
30
Michael A. AjaNwachuku “The Nigerian Child and the Right to Participation: A Peep through the Window of
“The Best Interest” Clause of the Child’s Rights Act”. Beijing Law Review, 8, Scientific Research Publishing
Inc., (2017), pp. 159-170. Available at; https://doi.org/10.4236/blr.2017.82009accessed 5th October, 2022
31
For instance, see section 84(3), section 101(a), (b) (i) & (ii), (c), (d), (e), (f) and (g), (b)(iii) and section 102(1)
CRA, where the consent of the child is not required to be sought in certain matters relating to guardianship or
custody of the child.

16
child. The paper, as must be noted, is a laudable observation and the recommendations it
contains are most supported.

In another article32, AjaNwachuku, in addressing the issue of the concept of childhood in the
country, observed that the Nigerian child is largely unascertained, especially with regards to
the conflicting age description to which the child is subjected to under various statutory 33 and
customary34 laws in Nigeria. This is owing to the fact that Nigeria operates a pluralistic legal
system. Brilliantly, however, he proposed that since the section 277 CRA, which is its
interpretation section, has stipulated that a child is a person below 18 years; it should settle
with finality the question of the age of maturity for children. He premised his proposal on
three points; the fact that the Act being a federal legislation which is specific to the rights of
the child in Nigeria, the legislature must have given consideration to the provisions on the age
of maturity as stipulated in other legal instruments before enacting the Act for the protection
of the child from abuse. Thus they must have resolved that it is in the best interest of the child
to have the age limit at 18 years. Flowing from the above, as a federal legislation, the CRA
takes priority over states legislations on the same legislative matter by virtue of the doctrine
of covering the field. Finally, state legislatures in Nigeria which have domesticated the CRA
into state law make the Act applicable and have the force of law in such states. It is safe to
add that, as regards customary law positions on this subject, going by the incompatibility
validity test which customary laws have to undergo,35 no customary law should be
countenanced by the court where the best interest of the child is at stake in any proceeding, as
no custom should take precedence over the CRA.

32
AjaNwachuku, M. A. (2015d), “The Legal Analysis of the Nebulous Concept of Childhood in Nigeria”,
Beijing Law Review, 7, 122-126, available at;
https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=0CAQQw7AJ
ahcKEwiojK3-t8v6AhUAAAAAHQAAAAAQAw&url=https%3A%2F%2Ffile.scirp.org%2FHtml%2F5-
3300433_67098.htm&psig=AOvVaw2gdxESpwmN38vnjWn4bf0D&ust=1665139870000863accessed 6th
October, 2022.
33
See for instance, Section 30, Cap. C. 38, Laws of the Federation of Nigeria, 2010, Section 50(a) of Cap 89,
Laws of Northern Nigeria 1963, section 59(2) of the Nigerian Labour Act Cap. L. 1, Laws of the Federation of
Nigeria, 2010, Section 2 of the Children and Young Person Act, enacted in Eastern, Western and Northern
regions, etc.
34
See for instance, Labinjoh v. Abake (1924) 5 NLR p. 33 where age of maturity was held to be the age of
puberty.
35
See Re Adadevoh (1951) 13 WACA 304, Adesubokan v Yinusa (1971) NNLR 77, Rotibi v Savage (1944) 17
NLR 77.

17
Also, in another article36, the subject matter for AjaNwachuku was the tracing of the legal
history of the determination of the paternity of the child in Nigeria. In a masterly
investigative and analytic method, he observed that the pre-CRA practice of the courts was,
to speculatively determine, as it were, the paternity of the child based on the custom of who
was entitled by reason of payment of the bride price of the wife in the
customary/magistrate/district courts, as the case may be, or to base their decision on the
presumption that the paternity of a child rests or does not rest on a person in the Superior
Court of records. In the latter case this was used to reject the native law of custom which
determined paternity based on default of return of bride price to a divorced man (or deceased
man’s family) as being repugnant to natural justice equity and good conscience. 37Although,
this was better than the rationale in the inferior courts, he argued, and rightly so, that the fact
that the superior court based their decisions on a presumption and not on scientific facts, was
unsatisfactory; which is worsened by the fact that the better method of following the
repugnancy test was violated in subsequent cases. 38The further better use of genuine birth
certificate by the Supreme Court 39 was also rightly argued to be fallible as a genuine birth
certificate may still contain inaccurate details as to the biological parents of the child which,
may even honestly have been recorded. Further he celebrated the use of scientific test by the
provisions of section 63(1)(a) CRA, which he described as near infallible, but made
recommendations on the said provisions on the grounds that the granting of the directive for
the use of such scientific test to determine the paternity of a child by the court was not
applicable to criminal trials, not grantable by the court suomotu, not mandatory on the court
to grant upon an application but discretionary, and, that it was not an order but a directive.
The pertinence of these suggestions is obvious; there are still possibilities where the best
interest of the child would be jeopardized as his right to be taken care of by his parents and to
enforce this right in a Family Court would be truncated, as well as his right to not be
separated from his parents.40

36
AjaNwachuku, M. A. (2015b). “Determination of the Paternity of the Nigerian Child—The Law: Past, Present
and Future”, Research on Humanities and Social Sciences, 5, 181-188. Available at;
https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=0CAMQw7AJ
ahcKEwjY3aO8uMv6AhUAAAAAHQAAAAAQAw&url=https%3A%2F%2Fiiste.org%2FJournals%2Findex.
php%2FRHSS%2Farticle%2FviewFile%2F27819%2F28527&psig=AOvVaw2CkHu_GFBBLArOF66ChaIN&
ust=1665140117531285accessed 6th October, 2022.
37
See the case of Edet v Essen (1932) 11 NLR 47-48.
38
See, for instance, the case of Nwaribe v President Oru District Court (1964) 8 ENLR 24-27.
39
In Ukeje v Ukeje (2014) 11 NWLR (pt 1418) 384-414.
40
See Section 14 CRA.

18
In yet another article,41AjaNwachuku considers the determination of the paternity of a child.
The bone of contention for him was that the attitude of the courts in recent times have been to
act in line with section 63 CRA, by making (mandatory) order(s) on a party claiming
paternity of the child and on the child, to carry out scientific test to ascertain the veracity or
otherwise of such claim; order which the court refuses to grant in the case where the child in
question is an adult. 42 An observation which he made is that, even where any person asserts
that a child is not the biological child of a party to the proceedings; the court shall also make
this order. Thus, the child is subjected to the test that invariably assists the adverse party to
possibly prove his claim; instead of this adverse person making this assertion to prove it. He
argued that this certainly is a wrong placement of burden of proof which contravenes section
131(1) of the Evidence Act, 2011 43. He noted however, conceding to this, that the
supervening rationale of the court in so doing is that it is in the best interest of a child for
such to know factually who his or her biological father is. This, it must be stated at this
juncture, is one example where the court goes beyond even the constitutional right to privacy
which would have been accorded to an unwilling adult party in a case involving a minor, and
the rules of evidential burden of proof as provided by statutes, to act in the best interest of the
minor. Yet it is not considered as an unconstitutional act by the court. Thus, whereas this is
judicial activism, although in line with section 63 CRA, it is allowed since it is in the best
interest of the child. Subsequently, this research shall expound on ways by which this can be
employed in other and various issues pertaining to the child. However, it must be noted that
in all these works, he does not holistically appraise the legal framework for the rights of the
child in Nigeria, but restricts the scope of his works to specific aspects of the rights of the
Nigerian Child.

Samson O. Onuche,44 on the other hand, is holistic in considering the subject of child rights
in Nigeria. Indeed, he gave a remarkable analysis of the position of the law as far as the rights

41
AjaNwachuku, M. A. (2015a) “Determination of Paternity of a Child or Adult in Nigeria: Is There Any
Justification for the Distinction?” Journal of Law, Policy and Globalization, 44, 115-119. Available at;
https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=0CAMQw7AJ
ahcKEwiIwYX_uMv6AhUAAAAAHQAAAAAQAw&url=https%3A%2F%2Fiiste.org%2FJournals%2Findex.
php%2FJLPG%2Farticle%2Fview%2F27748%2F28470&psig=AOvVaw1J86l866Wueua2fR6vFMs9&ust=166
5140226824494accessed 6th October, 2022.
42
Such as in the case of Anozia v. Nnani (2015) 8 NWLR (pt 1461) 241-259
43
He who asserts must prove. See also the Supreme Court of Nigeria in the case ofAPC v. INEC (2015) 8
NWLR (pt 1462) 531-603
44
Samson O. Onuche “Rights of the Nigerian Child: The Law, Myths and Reality”, African Journal of Law and
Human Rights5 (1) 2021. Available at;

19
of the child is concerned in Nigeria; the realities which face some Nigerian children
contemporarily, and the conditions of abuse, violations and gross dehumanisations that
children are subjected to. He also unravelled the myths responsible for preserving the legends
of onslaught on several Nigerian children which take the forms of Child Marriage, Children in
Arm Conflict, Child Labour, and Female Genital Mutilation, etc. Having traced the history of child
rights in Nigeria legislatively, i.e. in terms of the legal instruments enacted for such purpose, he went
on to explicate on the current provisions of the various legal instruments giving effect to the
guarantee of the rights of the child in Nigeria, starting from the CFRN. He noted that the
challenges bedevilling the full or substantial realization of the rights of the Nigerian child are
the pluralistic legal system operational in the country; societal unrest, poverty and
deprivation; cultural relativism and non-justiciability of socio-economic rights. It must be
noted however, that the article did not consider or examine the role that the judiciary has or
should play in the realization of the rights of the child in Nigeria.

Dr. Uchenna Emelonye45 examined the normative evolution of the rights of the child in
Nigeria. Through a brief comparative analysis carried out on Nigeria and Kenya, the writer
was able to drive home the point that both the 1999 Constitution itself, and the mode in which
the CRA was enacted under the Constitution were grossly defective, particularly when it is
considered that it was enacted under section 299(a) of the CFRN, which restricts the
application of the CRA to the FCT, Abuja, with an option for states to adopt or domesticate it
into their own laws. It was also observed, as regards one of the defects of the Constitution,
that the Constitution appallingly did not prioritize the matter of child’s right in particular or
human rights in general, as neither of the two were deemed fit or important to be placed as an
item in either the Exclusive or Concurrent legislative list. This, it is opined, is unacceptable
and untenable.

Johnbull I. Hope46focused on child’s rights and the offence of rape. She highlighted the fact
that the felonious offence of child rape, or better put, child defilement thrives on the
difficulties associated with the prosecution of rape suspects; as the laws lacks specificity as to

https://www.researchgate.net/publication/351230002_RIGHTS_OF_THE_NIGERIAN_CHILD_THE_LAW_M
YTHS_AND_REALITY accessed 6th October, 2022.
45
Dr. Uchenna Emelonye, “Normative Evolution of Child Rights in Nigeria”, Journal of Advance Research in
Social science and Humanities (ISSN: 2208-2387). Available at;
http://nnpub.org/index.php/SSH/article/view/870 accessed on 6th October, 2022.
46
Johnbull I. Hope, “Rape and the Right of a Child under the Nigeria Legal System”, (2022), Available at;
https://www.researchgate.net/publication/363456925_RAPE_AND_THE_RIGHT_OF_A_CHILD_UNDER_T
HE_NIGERIA_LEGAL_SYSTEM accessed 6th October, 2022.

20
the manner of medical reports admissible as evidence in court in such cases. The writer also
observed that there is a prevailing and subjugating atmosphere of fear in the society to
prosecute such cases as there are many socio-cultural cum political factors associated with
being identified as a victim of such offence. Self-help is the eventual resort of these victims
where possible, as neither the government nor the international legal community sufficiently
helps in enforcement, protection and observation of these rights. Self-help still leads to what
the law was meant to avoid: anarchy and the subjugation of the weak and vulnerable of the
society to the whims and caprices of the powerful and mighty. It is respectfully observed, that
while the writer has done a great job in raising the issue of child rape, there will be an
expedient need for timely and sustainable recommendations that will curb and alleviate these
gory and callous menace of child rape, recommendations which this research work proffers.

47
In a manner which cannot be overlooked, Abdulhameed K. Agboola, in his article,
“Constraints and Challenges of the Media in Child Rights Advocacy and Development in
Nigeria”, made a remarkable eye-opening exposition on the relevance of the media in
keeping the alive the conscience and will of the nation in area of Child rights advocacy.
Outstandingly, he highlighted and provided statistics on several issues plaguing the Nigerian
child inter alia, such as the devastated and endangered issue and standard of education
operational in the country; child health and child mortality; child labour; abduction of female
students by insurgents, etc. He also highlighted the five principles which should be observed
by the media for reporting on children, six guidelines in conducting their interview with
children, six guidelines to be observed by them when reporting on children. The writer also
elucidated on emerging areas of child rights advocacy such as Climate Change and Children;
Accelerate Integrated Early Childhood Development (ECD); Refugee and Migrant Children;
Urbanisation and Children; Crackdowns on Child Rights Activists; and Children and
Freedom of Expression. Factors, which he said inhibits the media from active child right
advocacy includes lack of coverage and of professionalism. This is in keeping with the
presupposed notions of all-round activism in the area of child’s rights which this research so
vigorously advocates for.

47
Abdulhameed K. Agboola, “Constraints and Challenges of the Media in Child Rights Advocacy and
Development in Nigeria” available at;
https://www.researchgate.net/publication/338312717_Constraints_and_Challenges_of_the_Media_in_Child_Ri
ghts_Advocacy_and_Development_in_Nigeria accessed on 8th October, 2022

21
Dr. Victor I. Ede and Dr. Dominic Z. Kalu 48 placed the spotlight on the efforts already made
by the government and the church in combating the menace of child abuse in Nigeria. They
highlighted and elucidated on various forms of child abuse in Nigeria ranging from child
trafficking, child labour, child marriage, vagrancy, child abandonment, sexual abuse to
female genital mutilation. The causes of child abuse which they identified in Nigeria inter
alia were poverty, unwanted pregnancy, busy parents and broken homes. Having briefly
traced the beginning of efforts in combating child abuse in Africa, they went on to observe
the enactments and institutions that have been set up by the government towards combating
the menace of child abuse in Nigeria, institutions which include the National and State Child
Right Implementation Committee; Child Development Departments in the Federal and State
ministries of Women Affairs; the Umbrella NGO involved in child rights advocacy - National
Council of Child Rights Advocates of Nigeria (NACCRAN); Nigerian Children’s Parliament
and National Agency for the Prohibition of Trafficking in Persons and other Related Matters
(NAPTIP). Recognizing that the government alone uncorroborated by other non-
governmental associations and organizations, cannot and has not been able to significantly
combat the menace of child abuse, the writers called on other churches to also participate in
the socio-cultural and civic duty of curbing this menace, having portrayed the exemplary
contributions of some Christian churches and missionaries. The work of these writers, it is
posited, helps to highlight and anticipate the relevance of the activism-approach to addressing
child rights in Nigeria which both state and non-state actors are being called upon to adopt as
would be adumbrated in this research.

Emeka E. Okafor 49 was concerned about the subject of child labour, which is a form of child
abuse, in Nigeria, and its negative effects on sustainable development of the nation. He
argued demonstrably that child labour in Nigeria is primarily caused by poverty, and has far-
reaching and truncating effects in the overall outcome of the child, destabilizing and disabling

48
Dr. Victor I. Ede and Dr. Dominic Z. Kalu, “Child Abuse in Nigeria: Responses of Christian Churches and the
Way Out”, International Journal for Innovative Research in Multidisciplinary Field (4), (4), (Apr – 2018),
available at;
https://www.academia.edu/36716026/Child_Abuse_in_Nigeria_Responses_of_Christian_Churches_and_the_W
ay_Out accessed 8th October, 2022
49
Emeka E. Okafor , “Child Labour Dynamics And Implications For Sustainable Development In Nigeria”,
Journal of Sustainable Development in Africa (Volume 12, No.5, 2010), available at;
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiTp9Cl-
ND6AhVKRvEDHalWDc4QFnoECAoQAQ&url=https%3A%2F%2Fjsd-
africa.com%2FJsda%2FV12No5_Fall2010_A%2FPDF%2FChild%2520Labor%2520Dynamics%2520and%252
0Implications%2520for%2520Sustainable%2520Development%2520in%2520Nigeria%2520(Okafor).pdf&usg
=AOvVaw1J1Yot7LxdJUbu3iKlGEXj accessed 8th October, 2022.

22
such child from becoming useful to him/herself, and to the nation, in exchange for the
immediate meager income, if any, that they would receive. The writer pointed out inter alia,
that in the past decades, there has been an upsurge in ratio of child labourers, particularly in
the urban areas, making it a full blown industry. He captured the various dynamics of child
labour in the forms of children in domestic service, which is inimical to their proper
development; in industrial work; street hawking; bus conducting and child trafficking. He
also explained the indices for measuring poverty in a nation and put forward humbling
statistics revealing the almost despondent position Nigeria takes as one of the poor countries
of the world.

Linus O. Nwauzi and Soibi George-Ibikiri50considered the militating factors to the

implementation of child’s rights in Nigeria and highlighted factors such as poor/defective
governmental policies and programmes;of which an example is made of the universal Basic
Education (UBE) scheme, which is not effectively implemented; overdependence on
organisations such as the United Nations Children's Education Fund (UNICEF), World
Health Organization (WHO), which has resulted, according to the learned writers, to a
downward slope of sectors like the educational and health sectors, as these donor
organizations cannot render help consistently or at all times. Other factors highlighted are
poverty, socio-cultural and religious impediments, ignorance, rural-urban drift, political
violence and intertribal/religious conflicts in Nigeria, during which children become helpless
victims, are abducted and inhumanely recruited either as suicide bombers or combatants; thus
becoming puns in the hands of the spillers of their blood. In the light of all these, it is
despicable and unconscionable for any leader or governmental authority to parade themselves
as leaders when they cannot so much as protect their own children.

All the foregoing reviewed literature clearly reveals that despite the efforts of Nigeria in
guaranteeing to the child, his fundamental and inalienable rights, there is too much to be
desired and expected from government and non-state actors in delivering the Nigerian child
and the future from the precarious quagmire that the Nigerian child, and invariably the future

50
Linus O. Nwauzi and Soibi George-Ibikiri, “Child's Right Implementation; the Militating Factors in Nigeria”,
African Journal of Professional Research on Human Development (AJPRHD), Vol. 6, No. l, 2010, available at;
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwictP
jd-
ND6AhVRSPEDHZl9ArgQFnoECBYQAQ&url=https%3A%2F%2Fwww.researchgate.net%2Fpublication%2
F333450791_CHILD%2527S_RIGHT_IMPLEMENTATION_THE_MILITATING_FACTORS_IN_NIGERIA
&usg=AOvVaw1SsDVIPWezpJPMEVIqyoOp accessed 8th October, 2022

23
of Nigeria, finds itself. This research therefore is an effort to deliver to all stakeholders in this
serious matter of children’s rights, a practical blueprint for realizing the rights of the child;
while emphasizing the urgency of the need for prompt response to rescue and repair the
remnant of what is left of the debilitating experience of the Nigerian child from further
hopeless, heartbreaking and future-destroying tragedies.

1.10 ORGANIZATIONAL LAYOUT

The organizational layout of this research work finds expression in five (5) chapters. Chapter
one is the foundation and basis upon which the whole superstructure of the research work is
built. It takes the form of the general introduction to the study. The chapter comprises the
background to the research work, the problem statement, the research aims and objectives;
the research questions, the significance of the research, the justification for the research; the
research methodology and approach used; the scope/delineation of the research; most
importantly the reviews carried out on the works of jurisprudents on this subject and this
organizational layout. Chapter two furnishes us with conceptual clarifications, theoretical
foundations and the evolution of child’s rights in the international, African and Nigerian
contexts. Chapter three provides an examination on the legal framework that provides for the
rights of the child in Nigeria starting from international legal regimes and institutions down to
national laws put in place in Nigeria to see to the realization of the rights of the child. Chapter
four focuses on the institutional framework that provides for the rights of the child in Nigeria
starting from national institutions up to regional/international institutions and mechanisms for
enforcing Child’s rights in Nigeria, and also the need for all round activism including
governmental activism as an approach to tackling the problems associated with violations of
child's rights. Chapter five provides the conclusions and summaries of all observations and
findings and the recommendations proffered.

24
 CHAPTER TWO:
EVOLUTION OF THE RIGHTS OF THE CHILD GLOBALLY AND IN NIGERIA
2.1 CONCEPTUAL CLARIFICATIONS
At this point, it is important to provide clarification of the Key terms used in critically
analysing the Legal and Institutional Framework for protecting the rights of the child in
Nigeria. Some of the Key terms include; Activism, Child, Child Abuse, Child's Rights,
Children Parliament, Development rights, Participation rights, Protection rights, Rights-
based Approach, Survival rights, etc. They are clarified accordingly;

2.1.1 Activism
The Merriam-Webster Dictionary defines the word “activism” as a doctrine or practice that
emphasizes direct vigorous action especially in support of or opposition to one side of a
controversial issue. When applied to the judiciary, the word judicial activism conveys more
strongly the idea of judicially transcending the letters of the law in order to achieve the aims
or objectives of the constitution in arriving at social justice. Justice A D Mane, citing the
Black's Law Dictionary 51 stated that;

The term judicial activism is explained in Black’s law Dictionary, thus, “Judicial
philosophy which motives judges to depart from strict adherence to judicial precedent
in favour of progressive and new social policies which are not always consistent with
the restraint expected of appellate Judge. It is commonly marked by decisions calling
for social engineering and occasionally these decisions represent intrusions in the
legislative and executive matters.” 52

51
Sixtieth Edition, [Centennial Edition (1891-1991)].
52
Justice AD Mane, "Judicial Activism a Theory of Judicial Philosophy",
http://www.nigerianlawguru.com/articles/jurisprudence/JUDICIAL%20ACTIVISM.pdf (07 November, 2022).

25
The term activism, with regards to the legislature, connotes the exercise of legislative powers
to carry out social, political or economic reforms beyond the willingness of the executive arm
to cooperate.53 And as regards the executive, some have subscribed to the rationale that the
executive may well exercise activism, where they appropriate the powers of the legislature,
which is considered more risky than an unnecessary use of judicial activism. 54In this instance,
activism is seen in a negative light. It obviously becomes a negative undertaking for the
executive to also arrogate to itself, the powers of the judiciary in interpretation and
adjudication, generally. However, in this context, executive activism is going beyond
limitations such as where there is a lack of statutes, express constitutional provisions, defects
in the institutional framework, or lacunas in the existing legal framework, to carry out
executive functions that will guarantee that the best interest of the child is given the primary
consideration in every child related action or policy, as guaranteed in section 1 of the Child's
Right Act 2003.

All-round Activism, or Cooperative Activism, in this research, refers to where, although there
are limitations and barriers to the full realization of the rights of the child, such as where there
is a lack of statutes, express constitutional provisions, defects in the institutional framework,
or lacunas in the existing legal framework, yet the judiciary, executive, legislature, as well as
non-governmental bodies cooperate and go beyond the written codes to avoid the delay that
occasions miscarriages of justice, to take all necessary steps within the ambits of the
constitutional and legal framework to enforce and guarantee the fundamental rights of the
citizen, particularly the child in this context. Therefore, the concept of activism in this context
connotes the taking by governmental and non-governmental bodies and individuals, of
constructive constitutional barrier-bulldozing political, economic and social actions that will
get rid of all impediments to guaranteeing the realisation of the rights of the child. This is the
reason this research would attempt to particularize, as much as is practicable, the roles of
each stakeholder in this subject of child's rights.

2.1.2 Child

53
See for instance, Bailey, C.J. (1992). Congress and Legislative Activism. In: Peele, G., Bailey, C.J., Cain, B.
(eds) Developments in American Politics. Palgrave, London. https://doi.org/10.1007/978-1-349-22029-8_6 (07
November, 2022), where the legislative activities of the US Congress were described along these lines.
54
Mythili Bhusnurmath, Executive ‘activism’ Could be more Risky than judicial activism - The Economic
Times - https://m.economictimes.com/policy/executive-activism-could-be-more-risky-than-judicial-
activism/articleshow/6562849.cms?utm_source=whatsapp_pwa&utm_medium=social&utm_campaign=socialsh
arebuttons (07 November, 2022). This also means that judicial activism is useful but not at all times.

26
Etymologically, the term “child” comes from the Latin in fans which means” the one who
does not speak “. For the Roman, this term designates the child from its birth, up to the age of
7 years. The definition of the child within the Nigerian legal framework is, as have been
noted, largely undetermined and poses a problem as to what categories of people would be
capable of appropriating to themselves, the rights and entitlements of the child.
AjaNwachuku,55 noted this, observing that the Nigerian child is largely unascertained,
especially with regards to the conflicting age description to which the child is subjected to
under various statutory provisions. 56 For instance, under the Immigration Act the position is
that a person below 16 years is a minor, 57 while under the Matrimonial Causes Act 1970; the
position generally is below 21 years. Note also, that under the statutes the age of the child is
determined not only on the basis of providing protection to him but also on the basis of determining
his culpability and liability. Simply put, the capacity of the child to commit an offence is determined
by the Statutes.
Thus, section 30 of the Criminal Code provides that a person under the age of twelve years is not
criminally responsible for an act or omission, unless it is proved that at the time of doing the act or
making the omission he had capacity to know that he ought not to do the act or make the omission.
Similarly, the section provides that a male person under the age of twelve years is presumed to be
incapable of having carnal knowledge. On the other hand the penal Code stipulates in section 50 that
no act is an offence which is done by a child under seven years of age; or by a child above seven years
of age but less than twelve years of age who has not attained sufficient maturity of understanding to
judge the nature and consequence of that act. The provisions are essentially copious and thus put the
age of criminal responsibility of the child at the age of twelve and subject to conditions of mental
capacity. Various other Statutes like the Nigerian Labour Act considers below 14 as the age of
minority.58
The implicit or express provisions of statutes are not the only regime statutorily defining who the
child is. The customary laws also for various reasons and almost as many as they are in Nigeria also
define who the child is. For instance in Labinjoh v. Abake59the age of maturity was held to be the age
of puberty. AjaNwachuku also opines that different criteria such as financial independence,60

55
AjaNwachuku (n33).
56
See for instance, Section 30, Cap. C. 38, Laws of the Federation of Nigeria, 2010, Section 50(a) of Cap 89,
Laws of Northern Nigeria 1963, section 59(2) of the Nigerian Labour Act Cap. L. 1, Laws of the Federation of
Nigeria, 2010, Section 2 of the Children and Young Person Act, enacted in Eastern, Western and Northern
regions, etc.
57
Sections 18 and 37.
58
See n57.
59
(1924) 5 NLR p. 33
60
See Ayua and Okagbue (1996), The Rights of the Child in Nigeria, (Lagos: Nigerian Institute of Advanced
Legal Studies, 1996) p. 30. See also Onibokun (1986), “Child Protection Measures: Review of Policies and
Laws Protecting Children from Abuse in Nigeria”, in UNICEF, Child Protection in Nigeria: Summary of

27
marriage,61 and initiation into age grade62 may determine who the child is in majority of the
circumstances under customary law, which serves as a basis for such determination in Nigeria.
Finally it is pertinent to state that obviously, the CRA also provides for the age of majority and
defines who a child is. Being the most comprehensive statute governing the welfare of the child, it
provides in section 277 thus;
“"Child" means, a person under the age of eighteen years;”
AjaNwachuku posits that this provision should definitively settle the question of the age of
the child or the period of childhood with finality. Three premises were put forward as
grounds for his postulation. These three grounds are adopted by the writer with an addition of
a fourth ground with respect to the various definitions of a child under the various customary
laws.
Firstly he argued that since the CRA is a federal legislation which is specific to the rights of
the child in Nigeria, the legislature must have given consideration to the provisions on the age
of maturity as stipulated in other legal instruments before enacting the Act. Thus they must
have resolved that it is in the best interest of the child to have the age limit at 18 years.
Secondly and flowing from the above, as a federal legislation, he argued that the CRA takes
priority over states legislations on the same legislative matter by virtue of the doctrine of
covering the field.
Finally, he argued that state legislatures in Nigeria which have domesticated the CRA into
state law make the Act applicable and have the force of law in such states.
This writer adds that, as regards customary law positions on this subject, going by the
incompatibility validity test which customary laws have to undergo, 63 no customary law
should be countenanced by the court where the question concerning the age of majority for
the child cones up, especially where the best interest of the child is at stake in any
proceeding, as no custom should take precedence over the CRA. This is because the test
operates to the effect that any custom incompatible with any law in force for the time being
cannot be regarded by the Court as a Customary law. Therefore all other customary laws
incompatible with section 277 of the CRA should be set aside.
It goes without saying that the working definition of the child for the purpose of this research,
would be that provided in section 277 CRA.

Research Findings on Protection and Violation of Children’s Rights, (Lagos: Jeromelaiho & Associates Ltd), p.
47.
61
Onibokun, ibid.
62
Ayua and Okagbue (1996), Op. cit
63
See Re Adadevoh (1951) 13 WACA 304,Adesubokan v Yinusa (1971) NNLR 77, Rotibi v Savage (1944) 17
NLR 77.

28
2.1.3 Child Abuse

According to the African Network for the Protection and Prevention of Child Abuse and
Neglect (ANPPCAN)64 child abuse refers to physical, emotional or sexual exploitation (of a
child or children) by parents, guardians or others. According to Alokan 65

Child abuse includes any behaviour which neglects the child’s survival and
development needs, causes physical or emotional injury, harassment or subjects the
child to measures, situations and experiences which interfere with the healthy
development towards adulthood.

While considering the effects of child abuse on the child, the society and the succeeding
generations, David Giwa66 notes and encapsulated his perspective thus;

These forms of child abuse are still suffered by some children in the world today.
Notably, the effects of child abuse are in a working relation with the forms in which
they are committed, viz- Physical abuse, child neglect, emotional abuse, sexual abuse.
For instance, a child who has been physically abused either by kicking, burning,
biting, hair pulling, choking, smothering, manhandling or any other actions that result
in injuries such as bruises, burns, internal injuries, brain damage, fractures, even
deformity, emotional and psychological harm, and worse of all death. Sometimes,
these young molested angels, become the class bullies, the town trouble makers who
would likely turn out to be aggressive toward peers, pets, other animals, display
immaturity, have emotional and behavioural extremes and become self-destructive.
These are the experiences that shape the thugs, criminals, tyrants and terrorists that
plague the society, and deprive members of the society of peace. They continue in
what they have learnt by experience- the violation of the human rights of others, and

64
African Network for the Prevention and Protection against Child Abuse and Neglect (ANPPCAN) (2015).
Child abuse and neglect. www.anppcan.org/child_abuse_and_neglect Accessed on 22 December, 2022.
65
Alokan, F. B. (2010). Broken homes and child abuse: Pakistan Journal of Social Science 7 (3), 240-243. p.
240.
66
David C.G., “An Essay On Child Abuse: Commending UNICEF”,
https://www.researchgate.net/publication/365366712_AN_ESSAY_ON_CHILD_ABUSE_COMMENDING_U
NICEF (accessed on 22nd December, 2022).

29
 breed youths and perhaps their own children to become poisons to the peace and
progress of the society politically, socially and economically. Thus we see that the
chain or cycle of violation of human rights are formed, established and strengthened,
from one community to another, from one state to another and from one country to
another.

It must be noted that that some forms in which child abuse is carried out are Child
Abandonment, Child Begging, Child Exploitation, Child labour, Child Marriage, Children in
Arm Conflict, Female Genital Mutilation (FGM), Trafficking in Children, Vagrancy, etc.

2.1.4 Child's Rights

Central to this paper is the subject and essence of our study - child's right. According to
Humanium,67Children’s rights are human rights. They protect the child as a human
being.68And Children’s rights are human rights specifically adapted to the child because they
take into account their fragility, specificities and age-appropriate needs. Accordingly, it is the
opinion of this writer that child's right are human rights that inheres in and undeniably
belongs to the child, which the state has a duty to protect, realize and respect. Further, it is
noted that, contrary to the absolute notion of adaptation of such rights to the child, it is a right
that inheres in a child and which states are to seek more ways of giving visibility, recognition,
realization and protection. They are further categorized into development rights, participation
rights, protection rights and survival rights. 69

Developmental Rights (which refers to education and experience which allows a child to
successfully develop into an adult) includes the right to be with their parents or with those
who will care for them best (art. 9 CRC); The right to meet with other children (art. 15); The
right to special care, education and training, if needed (art. 23); The right to a free primary
education (art. 28); and The right to play (art. 31).

Participation Rights (which refers to taking part in the wider society and having an input into
relevant decisions) includes the right to a name and a nationality (art. 8); The right to have a
say about things that affect them (art. 12); The right to have ideas and say what they think

67
Humanium is an international, independent and neutral NGO, committed to promoting, defending and
realizing the rights of every child across the globe.
68
https://www.humanium.org/en/child-rights/ accessed 13th January, 2023.
69
PBWORKS, “Categorizing child's
rights”,http://hrewiki.pbworks.com/f/Lesson%20Plan%20on%20Human%20Rights-
%20Rights%20of%20the%20Child.pdf accessed 13th January, 2023.

30
(art. 14); The right to practise their religion (art. 14); The right to get information they need
(art. 13); The right to speak their own language (art. 30); The right to learn about and enjoy
their own culture (art. 30); The right to know about their rights and responsibilities (art. 42)

Protection Rights (which deals with protection from harmful influence) refers to the right not
to be used as a cheap worker (art. 32); The right not to be hurt or neglected (art. 19); the right
not to be used as a soldier in wars (art. 38); The right to be protected from danger (art. 36);
The right to privacy (art. 16).

Survival Rights (which relates to having basic needs met) refers to the right to life (art. 6);
The right to health care (art. 24); The right to enough food and clean water (art. 24)

2.1.5 Children Parliament

According to Holistic Child Development India, the Children’s Parliament is a group of

children of a particular village, neighbourhood, or region who come together as a group for
activities, learning, and to represent their interests and opinions to the decision makers of the
village.70A children’s parliament can be defined as a formal structure for children and young
people’s participation that meets on a regular or semi-regular basis.71 This platform would be
explored in this research to highlights it benefits to Nigeria as well as its requirement for
effectiveness.

2.1.6 Human Rights-based Approach (HRBA)

The HRBA has been defined as a conceptual framework for the process of human
development that is normatively based on international human rights standards and
operationally directed to promoting and protecting human rights. It seeks to analyse
inequalities which lie at the heart of development problems and redress discriminatory
practices and unjust distributions of power that impede development progress and often result
in groups of people being left behind.72

The United Nations Population Fund (UNPFA)73describes the Human Right-Based

Approach, as rights-based approach develops the capacity of duty-bearers to meet their obligations
and encourages rights holders to claim their rights. Governments have three levels of obligation: to

70
http://www.holisticchild.org/childrens-parliaments-2/ accessed 13thJanuary, 2023.
71
https://www.researchgate.net/publication/350355285_Children's_Parliaments accessed 13th January, 2023.
72
https://unsdg.un.org/2030-agenda/universal-values/human-rights-based-approachaccessed 13th January, 2023.
73
Formerly designated as United Nations Funds for Populations Activities.

31
respect, protect and fulfil every right. To respect a right means refraining from interfering with the
enjoyment of the right. To protect a right means to prevent other parties from interfering with the
enjoyment of rights. To fulfil a right means to take active steps to put in place, laws, policies,
institutions and procedures, including the allocation of resources, to enable people to enjoy their
rights.74

It is this human right based approach that is unflinchingly advocated for in this research, as
the solution to the otherwise reluctant and benefactor-to-beneficiary based approach in which
the entitlements of the children are provided to them in small rations and more like their
undeserved privileges rather than their rights. And in which they are not actively involved in
decisions affecting their own access to such rights, etc.

2.2 EVOLUTION OF CHILD’S RIGHTS

The evolution of child's rights shall be considered in this research at the international,
regional and national levels.

2.2.1 Evolution of Child’s Rights in the World

Hanita, Ben-Arieh and Hendelsman75 outline three periods under which the history of the
evolution of the rights of the child may be traced, viz; the pre-industrial period, the industrial
period and from the mid-20th century to the present. From their observations for instance,
before the 16th century, the period of childhood in the stages of development for the child was
largely unnoticed. The world, generally speaking, was ignorant of the concept of childhood as
being a distinct period of life. The result was that children above the age of six were
considered to be young adults 76 and were at most viewed as properties of their parents and
not as human beings with their own status and rights.77 This was the prevalent legal and
social standpoint of the globe at that time generally. This continued up to the early 19th
century, a situation which also facilitated or invariably provided unlimited autonomy for
parents to treat their “properties” the way they deemed fit. The abuse of corporal punishment
was also in vogue as same was meted out recklessly and tortuously to children.

74
https://www.unfpa.org/human-rights-based-approach
75
Kosher, Hanita, Asher Ben-Arieh, and Yael Hendelsman. "The history of children’s rights" Children's Rights
and Social Work. Springer, Cham, (2016). p 9-18, available at;
https://www.researchgate.net/publication/315862642_The_History_of_Children%27s_Rights accessed 13th
September, 2022.
76
Aries, P. Centuries of childhood: A social history of family life. New York: Vintage Books (1962).
77
Hart, S. N. From property to person status: Historical perspective on children’s rights. American
Psychologist, (1991), p.53.

32
Another factor that was responsible for the abuse of children was the high mortality rate of
children in that period. Historians opined that the “shock absorber” developed by parents to
deal with this situation was to estrange themselves from their children, treating them without
the required love and trust that they needed for healthy growth and construction. The
rationale was that not being too emotionally attached to the child would ultimately make
them ready to face a case of infant mortality whenever it happened to their children. 78 This
led to neglect and abuse of the child, negative parent-children relationships, child labour and
exploitation and so on and so forth.

The 19th century up to the 20th century, which was marked in the main by the industrial
period, did not only bring with it, industrial revolutions and technological advancement, but a
remarkable shift from the traditional property concept of a child, to the personhood concept
of the child, as a “person in the making”79 with rights to be protected, although these
recognition was relatively nascent. Since children were regarded as an endangered species of
conditions of immigration, industrialization and urbanization, which invariably created
objectionable behaviours in them and threatened society, the major development in children’s
rights, were towards those rights which were relevant for the fight against child labour. The
child labour reform movement, held the view that child labourers were defenceless victims of
industrialization. They launched a campaign to regulate and ultimately eliminate industrial
child labour. This eventually succeeded. This movement opened a public discussion bordered
on the social meaning of childhood, particularly paving the way for the radical reform which
sought to prevent children from working at all and that children had a right to a childhood
characterized by physical, moral, intellectual and social development. 80

Next, this happened, the evolution of children’s protection rights —laws against industrial
child labour— on one hand, and children’s provision Right such as entitlement to education,
on the other. This development continued up until after the World wars of the early 20 th
century. International Laws such as the Declaration of Geneva on Children’s Rights was

78
Ibidem. See also deMause, L, The History of Childhood, New York: Psychohistory Press (1974).
79
Children were perceived as “becoming human” and were not yet recognized as full human beings with
freedoms. See Alaimo, K. “Historical roots of children’s rights in Europe and the United States”, In K, Alaimo
& B. Klug (Eds.), Children as equals: Exploring the rights of the child, Lanham, MD: University Press of
America. (2002), (pp. 1–24).
80
Alaimo, K. “Historical roots of children’s rights in Europe and the United States”, In K, Alaimo & B. Klug
(Eds.), Children as equals: Exploring the rights of the child, Lanham, MD: University Press of America. (2002),
(pp. 1–24).

33
adopted by the League of Nations in 1924; Declaration of the Rights of the Child in 1959 by
the United Nations (UN) General Assembly; the Convention on the Rights of the Child
(CRC) unanimously adopted by the UN on November 1989; and so on and so forth.
The 1959 Declaration, unlike the CRC, did not recognize the child’s individual right to
participation, but was still also characterized by the provision-protection view of children’s
rights. This was owing to the assumption of childhood dependency and vulnerability which it
adopted; children were viewed as “objects” in need of “services”. 81 The CRC obviously was
an improvement on the 1959 Declaration, as it was recorded to be the only human rights
treaty to combine civil/political, economic, social, cultural and humanitarian rights in a single
instrument.82 Thus the child’s right to protection from harm and abuse, the right to childhood,
to develop into an autonomous adult, and to have a voice in matters concerning and affecting
the individual child were affirmed by the CRC. 83

2.2.2 Evolution of Child’s Right in Africa

The account of the development of the rights of the child in Africa, particularly with regards
to pre-CRC era, is not without controversy. Howard opines that Children’s rights (and
generally human rights) were unknown to traditional Africa. 84 And Donelly holds similar
views.85 However, Mezmur 86 opposing their argument posits that traditional Africa has
always respected and continues to respect a number of children’s rights. With regards to
legislation, the Regional Organizations can be likened figuratively to athletes in a relay race,
with International organizations such as the UN as the first athlete, and the Regional
Organizations its first runner-up. Thus following the Declaration of the Rights of the Child in
1959 by the UN, the Organization of African Unity (OAU) adopted the Declaration on the
Rights and Welfare of the African Child in 1979. When the CRC was adopted in 1989, the
African Charter on the Rights and Welfare of the Child, also known as African Children’s
81
Cohen, C. P. “United Nations Convention on the Rights of the Child: Developing international norms to
create a new world for children”, In K. Alaimo & B. Klug (Eds.), Children as equals: Exploring the rights of the
child Lanham, MD: University Press of America (2002), pp. 49–72.
82
Kosher, Hanita, Asher Ben-Arieh, and Yael Hendelsman, "The history of children’s rights" Children's Rights
and Social Work. Springer, Cham, (2016). p 9-18. Available at;
https://www.researchgate.net/publication/315862642_The_History_of_Children%27s_Rights accessed 13th
September, 2022.
83
Alaimo, K. “Historical roots of children’s rights in Europe and the United States”, In K, Alaimo & B. Klug
(Eds.), Children as equals: Exploring the rights of the child, Lanham, MD: University Press of America. (2002),
(pp. 1–24).
84
Howard, R. ‘Evaluating Human Rights in Africa: Some Problems of Implicit Comparisons’, Human Rights
Quarterly, 6, (2), (1984) pp. 160-179.
85
Donnelly, J. Universal Human Rights in Theory and Practice. (Ithaca: Cornell University 1989).
86
Mezmur B., ‘The African Children’s Charter versus the UN Convention on the Rights of the Child: A zero-
sum game?’ (SA Public Law, 23, (1) 2008), p. 1-29.

34
Charter (Children’s Charter), was adopted by OAU (now African Union (“AU”) on the 11th
July 1990. However, it is salient to note the somewhat questionable or reluctant attitude of
African States to ratify the Children’s Charter in pursuit of its implementation; ratification
which was not difficult for them when the ratification of the CRC was necessary; in fact they
rushed to ratify the CRC. But the Children’s Charter came into force after 9 years on 29th
November 1999, after 15 states eventually ratified it, which was necessary for the Children’s
Charter to come into force. For instance, Ghana, the first country to ratify the CRC (within a
month of its adoption) took 15 years to ratify the Children’s Charter. Thus Njungwe87 asks;

“If the specific protection of African children was so urgent that it necessitated a
separate treaty, why did it take so long for African leaders to ratify their own treaty?”

2.2.3 Evolution of Child’s Right in Nigeria

In Nigeria, legislatively speaking, Nigeria’s efforts are laudable. Ranging from the
International Covenant on Civil and Political Rights (ICCPR), the International Covenant on
Economic and Socio-Cultural Rights (ICESCR), the CRC on the International plain, down to
regional legal regimes such as the African Charter on Human and People’s Rights (ACHPR
or the Banjul Charter) 1981, to the Children’s Charter, all International and African regional
human rights instruments have Nigeria as one of its signatories. 88 The Child’s Right Act
200389 (CRA) was enacted by the National Assembly in a bid to domesticate the CRC and the
Children’s Charter.

However, the story around domestication of the CRC in Nigeria has not been all rosy; it is
faced with its own problem created by the problematic procedure for domestication provided
in section 12 of the Constitution of the Federal Republic of Nigeria 1999 as amended
(“CFRN”). The section provides;

87
Njungwe, E.N. 'International Protection of Children's Rights: an analysis of African attributes in the African
charter on the rights and welfare of the child'. Cameroon Journal on Democracy and Human Rights, 3, (1)
(2009) pp. 4-25
88
Chilenye Nwapi, ‘International Treaties in Nigerian and Canadian Courts’ African Journal of International
and Comparative Law 38(2011) 19; See also Edwin Egede, ‘Bringing Human Rights Home: An Examination of
the Domestication of Human Rights Treaties in Nigeria’ Journal of African Law 249 (2007) 51; A O Enabulele,
‘Implementation of Treaties in Nigeria and the Status Question: Whither Nigerian Courts’ (2009) 17 African
Journal of International and Comparative Law 326. See also Section 12 Constitution of the Federal Republic of
Nigeria, 1999 as amended (hereinafter referred to as CFRN).
89
Cap C50, Laws of the Federation of Nigeria, 2010.

35
 (1) No treaty between the Federation and any other country shall have the force of law
except to the extent to which any such treaty has been enacted into law by the
National Assembly.

(2) The National Assembly may make laws for the Federation or any part thereof with
respect to matters not included in the Exclusive Legislative List for the purpose of
implementing a treaty.

(3) A bill for an Act of the National Assembly passed pursuant to the provisions of
subsection (2) of this section shall not be presented to the President for assent, and
shall not be enacted unless it is ratified by a majority of all the House of Assembly in
the Federation.

An additional dilemma is the fact that the concurrent legislative list contained in part II to the
Second Schedule does not expressly provide for matters particularly pertaining to children
and their rights. This residually places the province of legislating over children and their
rights to the House of Assemblies of each state. The implication is that without the due
approval of all state house of assemblies the national Assembly cannot domesticate the CRC
and even when such act is made,90 it cannot be binding on each state of the federation except
such state re-enacts such laws in their individual House of Assembly. Thanks to these
“enabling” provisions, as many as 11 of the country’s 36 states have not yet re-enacted
Nigeria’s CRA.91

As if that is not enough, executive or judiciary-wise, the implementation of all these laws has
met their waterloo in the suffocating environment of bad governance, corruption,
victimization and exploitation of the poor, and of women and especially, children. For
instance, in Kano, the sentencing of a 13-year old boy for 10 years,92 ‘in a Sharia court in
Kano State in Northwest Nigeria after he was accused of using foul language toward Allah in
an argument with a friend’ 93 drew condemnation from organizations such as the United

90
As the CRA has been enacted pursuant to section 299 of the CFRN.
91
Olayinka Silas Akinwumi, Legal Impediments on the Practical Implementation of the Child Right[s] Act
2003, 37 (INT’L J. LEGAL INFO. 2010) pp. 385–86. See also Daniel Ogunniyi, The Challenge of
Domesticating Children’s Rights Treaties in Nigeria and Alternative Legal Avenues for Protecting Children, (J.
AFR. L., 2018) pp. 447–48.
92
Mezmur, ‘The African Children’s Charter @ 30: A distinction without a difference?’ The International
Journal of Children’s Rights 28 (2020) pp. 693-714
93
CNN, 16 September 2020

36
Nations International Children’s Emergency Fund (UNICEF). This only one out of many
instances, of the life-diffusing circumstances that some children or even juvenile delinquents
find themselves in Nigeria; where there is no rule of law, there will be the rule of force.

There is also the problem of not seriously and proactively taking up the task of creating the
much needed awareness particularly in rural areas where the mirage of harmful traditional
and religious practices provide not only justification for the perpetration of these heinous
human rights violations to the person of the child, but are also the values that are transmitted
to successive generations of the victimized children that manage to survive into adulthood.

Against this backdrop, UNICEF in 2020 has predicted that Africa’s child population will
increase by 50 per cent over the next 30 years.94 In a brochure of the UNICEF it is stated that:

Over the next 30 years, the child population will increase by 50 per cent to 941
million in 2050. This means over 315 million more children will need access to
quality health care, education and other essential services, compared to 2020… About
50 per cent more births – some 525 million – will occur in the 30 years up to 2050
compared to the same time period before 2020. Central Africa and Western Africa are
projected to experience the largest increase (68 and 59 per cent, respectively);
Northern Africa the lowest increase (17 per cent). Ensuring that these births will be
attended by skilled medical personnel and providing mothers with quality care before,
during and after birth will require a substantial investment in the existing health
system in most African countries. 95

We must appreciate the fact that the 59 per cent increase predicted for West Africa would be
championed by Nigeria which happens to be the giant of Africa, particularly in terms of
population. Thus more children will need access to quality health care, education and other
essential services in the next 30 years in Nigeria, compared to 2020. And also, this large
increase in births will need to be attended by skilled medical personnel and providing
mothers with quality care before, during and after birth will require a substantial investment
in the existing health system in Nigeria. All stakeholders both state and non-state actors must

94
UNICEF, One billion strong Protecting children’s rights in Africa today and tomorrow, Data and Analytics
Section Division of Data, Analytics, Planning and Monitoring UNICEF.
95
Ibid, p5.

37
therefore rouse themselves from every carefree and neglectful attitude towards the maters of
children’s rights immediately, and not only address the anomalies on ground but prepare as
well for what really lies ahead.

Therefore, the rationale behind this research work is in a bid to provoke and stir up not only
legislative reforms, but legislative, executive and judicial pro-activeness and activism to put
an end to the reign of diverse child abuses that are the order of the day in different parts of
Nigeria, particularly as perpetrators of these abuses have a field day and go on unchecked
either in the absence of enforceable laws, lack of political will power by the state to enforce
same, or even lack of a right-based approach to judicial activism to the rights and welfare of
this vulnerable minority group.

2.3 THEORETICAL FOUNDATION OF CHILD’S RIGHTS

The theoretical foundations for the right of the child are in various classifications which
includes;
1. Natural Law;
2. The Principles regarded as the core Aspects of Child's rights;
3. The four general principles guiding the interpretation and national implementation
of the CRC.
4. The Will Theory and the Interest Theory of Child's Rights. This classification
would be discussed with the aim of taking the middle or balanced path and not
veering off into either extreme.
Natural Law
The natural law school of thought clearly hold the view that there is a Creator of nature (God)
and that man has inalienable and indivisible natural rights that inheres in him by mere reason
of the fact that he is a human being. More so, the rational ability of man has made him
capable of distinguishing right from wrong. And it is on the basis of this that man ought to
conduct himself for the common good of all men in the society as he inherently knows that a
deviation from the protection of life, property, education, happiness, avoidance of harm, etc.
is bad in and of itself. The natural right gives us a basis to assert the right to life that a man
cannot take from another unlawfully for want of ability to give life to anyone. And the right
to dignity emanates from this right to life. Essentially they are God-given. This foundation
provides minority groups, especially children, the right to assert their claim to be, not merely
objects of rights, but bona fide right holders.
38
 The Principles Regarded as the Core Aspects of Child's Rights
1. Universality of Children's Right: universality here means that all (including
Nigerian) children regardless of their sex, race, ethnicity different capacities,
social and economic conditions, political or religious beliefs are have and are
always entitled to all their rights including in situations of crisis, armed conflict or
natural disaster. Without prejudice to the fact that ethnic/cultural identity is a
specific right to which children are entitled, this means that unhealthy cultural
practices that harm children must be challenged. John Tobin reminds us that this
is not unconnected to the UN CRC’s general principle of the right to non-
discrimination and to the best interests of the child. 96 The fact that some Northern
States are yet to domesticate the CRA based inter alia on cultural values is a clear
violation of this principle.
2. Indivisibility of Children’s Rights: indivisibility here means that a holistic
approach needs to be taken when working with children.97Thus children should be
considered as whole human beings first and foremost, instead of fragmenting their
lives into 'problems' or separate roles e.g. a working child, child with disability.98
It also means recognising that achieving positive change in one area (e.g. creating
access to schooling) may require work in other areas too (e.g. income generation
or improved health care).
3. Inalienability: Human rights cannot be taken away or given up. This includes all
children’s rights and implies that children are rights holders from the time of their
birth to their death. The rights outlined in the UN CRC specifically refer to
children from birth to the age of eighteen. In practical terms, for example, this
means that children’s rights cannot be taken away from groups of children who
are seen as 'deviant', 'challenging' or 'problematic' e.g. child soldiers or children in
conflict with the law. 99
4. Accountability: Because children and young people are the holders of rights and
have a legal entitlement to their rights being secured, it is also essential that those

96
John Tobin, “Understanding a Human Rights Based Approach to Matters involving Children” in The Human
Rights of Children: From Vision to Implementation (Antonella Invernezzi, Jane Williams eds., Routledge 2016)
73.
97
Linda Louis, “Rights for Children: its Origin and Importance”,
https://www.academia.edu/34455602/RIGHTS_FOR_CHILDREN_ITS_ORIGIN_AND_IMPORTANCE
accessed 14 January 2023.
98
Ibid.
99
See note 96, John Tobin, pp. 74 - 75

39
 responsible for delivering these rights are identified and made accountable and
responsive. Although governments are the main legal (or primary) duty-bearers,
and indeed it is their responsibility to ensure that rights are secured, other adult
members of society – both individuals and groups – also have responsibilities.
This means that these individuals and groups have an active role to play in
ensuring that the rights of the young people in their care are secured. 100
This concept makes it clear that a society that upholds children’s rights is inclusive,
participative and has the mechanisms in place ensuring transparency, dialogue and
accountability. This means that we must work at all levels of Government. Ensuring and
giving effect to children’s rights also requires gathering facts on the ground pertaining to
child vulnerability and needs, assessing the appropriate forms of remedial action, and then
monitoring the action to ensure it has had the desired effect. 101
General Principles of the CRC
There are four general principles enshrined in the Convention. These are meant to help with
the interpretation of the Convention as a whole and thereby guide national programmes of
implementation. The four principles are formulated, in particular, in articles 2, 3, 6 and 12.
1. Non-discrimination (art. 2): States parties must ensure that all children within
their Jurisdiction enjoy their rights. No child should suffer discrimination. This
applies to every child, "irrespective of the child's parent's or legal guardian's race,
colour, sex, language, religion, political or other opinion, national, ethnic or social
origin, property, disability, birth or other status”. The essential message is equality
of opportunity. Girls should be given the same opportunities as boys. Refugee
children, children of foreign origin, children of indigenous or minority groups
should have the same rights as all others. Children with disabilities should be
given the same opportunity to enjoy an adequate standard of living.
2. Best interests of the child (art. 3): When the authorities of a State take decisions
which affect children, the best interests of children must be a primary
consideration. This principle relates to decisions by courts of law, administrative
authorities, legislative bodies and both public and private social-welfare
institutions. This is, of course, a fundamental message of the Convention, the
implementation of which is a major challenge.

100
Ibid, 76.
101
Linda Louis, “Rights for Children: its Origin and Importance”,
https://www.academia.edu/34455602/RIGHTS_FOR_CHILDREN_ITS_ORIGIN_AND_IMPORTANCE
accessed 14 January 2023.

40
 3. Protection and Development (The right to life, survival and development (art.
6): The right-to-life article includes formulations about the right to survival and to
development, which should be ensured "to the maximum extent possible". The
term “development" in this context should be interpreted in a broad sense, adding
a qualitative dimension: not only physical health is intended, but also mental,
emotional, cognitive, social and cultural development.
4. Participation (The views of the child (art 12): Children should be free to have
opinions in all matters affecting them, and those views should be given due
weight "in accordance with the age and maturity of the child". The underlying
idea is that children have the right to be heard and to have their views taken
seriously, including in any judicial or administrative proceedings affecting them.

The Wills Theory and the Interest Theory of Child's Rights: Determining the
Delineations of the Principle of Participation.
JM Kruger provides perspective as to the import of these two theories. 102In ascertaining the
Will theory, he observed that the emphasis was on Capacity or Power which in this context is
possessing ability for reasoned decision-making. The point was that the child was not
regarded as a person with developed or adequate power of reasoning to make sound decisions
as it pertains to him. Therefore he could not be regarded as a bearer of rights. Tracing the
proponents of this theory from the lenses of Paternalism, he identified 17th -19th century
philosophers such as Thomas Hobbes, John Locke and John Stuart Mill.

Hobbes was extremely in support of paternalism and the absolute control of the child, To
Hobbes children are only protected because they can serve their fathers. Children relate with
their fathers based on fear and they absolutely depended on their fathers. Children lacked the
mental capacity and rationality needed to participate in the social contract made by other
members of the state with the state, and thus had no natural right emanating from the social
contract. They had their fathers for their sovereigns, who exercised the power of life and
death over them. This bears semblance with the Shakespearean play A Midsummer Night’s
Dream. In the play Egeus invokes an old Athenian law by which a daughter marries the suitor
chosen by her father or dies. Hobbes certainly would not have been in the good books of
modern Human Right Activists if he wrote in this century.

102
JM Kruger, “Chapter 8 The theory of children’s rights - an overview”,
https://uir.unisa.ac.za/bitstream/handle/10500/2545/09chapter8.PDF accessed 14th January, 2023.

41
John Locke was not in support of an absolutist approach to Paternalism. He agreed that
freedom and liberty of an individual to act according to his or her own free will depended on
the individual’s ability to reason. However, he opined that it is only temporarily that children
lack this ability and thus depended on their parents. It soon gives way when the temporal lack
of reasoning capacity develops and the children can also exercise their freewill. He asserts
that children like adults are bearers of natural rights which parents must protect and as such,
parents control over children are not absolute. This was somewhat a kind of middle path
which, although does not involve the right to participation for the child, gives rise to the
same.

John Stuart Mill was ironically an advocate of absolute paternalism in the control of children,
basing his assertions on the premise that children do not have the rational capacity to decide
in the best interest of the society which their parents must do for them.

The Interest Theory on the other hand, has for its proponents, Freeman, MacCormick, Raz
and Eekelaar. The recognition and attribution of rights to children is based on the facts that
they have interests that must be protected and promoted, rather than on whether or not they
have power to rationally make decisions. Freeman refuses the predication of child’s rights on
rational capacity. Rather, children have interests that must be protected, by those acting on
behalf of those interests. These representatives must not go contrary to want the child wants.
The potential ability of children for rational capacity, presupposes that the rights are there
although not yet exercisable by the child, and therefore such rights must be protected.
McCormick opines that it is the rights of the child that gives rise to the duties of duty-holders
in relation to such rights. He also advocated for moral rights of children albeit in a
definitively open-ended way. Razis of the opinion that the law setting out rights usually
imposes duties on others for the protection of such rights.

While these theories are good, pragmatically it is important to plainly establish that there
needs to be a balance struck between the two, if the best interests of the child would be
realized without jeopardizing the rights of all concerned parties. On one hand parents are only
stewards and caretakers or trustees of children. And it is required in stewards that that they
are found faithful or work at their best. The Holy Bible of the Christians asserts;

42
 “Behold, all souls are mine; the soul of the father as well as the soul of the son is
mine...”103
Therefore parents do not “own” children and the latter are not right-less properties of the
former. Therefore, having children, parents ought to act as expert managers/stewards of the
same and act in the best interests of such children.
On the other hand, the Interest theory must not erode the autonomy of parents or impede their
right to private and family life. The intervention of state into family matters must be justified.
And children still need the care and protection of their parents even as they attain their own
development and independence. The inclusive approach to children's rights really must not
put all decision making concerning children in the hands of children (they are less informed
and experienced to make the best of decisions). However, it is paramount to carry them along
and engage them when important decisions concerning them are to be taken, as
1. It helps adults have a comprehensive grasp of their real desires, aspirations and
inclinations, and then make informed decisions about them.
2. It helps them learn how to make informed and sound decisions as they see adults
make such decisions after consulting them. Hence, they grow up learning to apply
the right-based approach to their own children. This allows for sustainable
development in the area of advancing child's rights.
Therefore participation by children do not necessarily mean that children make all the
decisions but it means that they are respected, are involved, and mentally develop as they are
allowed to participate. In the words of the Biblical Wise King;
“Train up a child in the way he should go [and in keeping with his individual gift or
bent], and when he is old he will not depart from it.” 104

2.4 CHAPTER CONCLUSION

The chapter provides the second layer of the foundational basis for much of what will be
considered in this research work. The secondary meaning of the word activism is provided in
the context of this research, and the evolution of child's rights is considered at international,
regional and national levels. The problem of domestication arising from the problematic
section 12 of the CFRN has been spotted out. The chapter ends with proposing a midway
path between the will theory and the interest theory of children's rights.

103
Ezekiel 18:4 English Standard Version.
104
Proverbs 22:6 Amplified Version of the Holy Bible.

43
 CHAPTER THREE:
THE LEGAL FRAMEWORK FOR THE RIGHTS OF THE CHILD IN NIGERIA
3.1 Introduction
On the premise of the foundations laid in the foregoing chapters, substantive analysis is
provided in this chapter, of the legal instruments that avail the Nigerian Child in the
protection and realization of his or her rights, being a right holder. More so, it will be
discovered, that Nigeria as a duty bearer in relation to the children right holders have taken
commendable steps towards protecting the right of the child, by signing, acceding to and
enacting various legal instruments. However, the laws cannot enforce themselves. And the
defects in the laws needs to be emphasized so that, while we pursue enforcement through all
governmental activism, we would need to also make the legal basis for the noble action of the
promotion of the rights of the child more legitimised.

3.2 THE LEGAL FRAMEWORK FOR THE RIGHTS OF THE CHILD IN NIGERIA

As is the custom of this researcher, the legal and institutional framework for child's rights
realization will be examined from the international, continental and national plains.
Therefore, we commence our analysis seriatim;

3.2.1 INTERNATIONAL LEGAL REGIME FOR THE REALIZATION OF CHILD’S

RIGHTS.
3.2.1.1 The Declaration of Geneva on Children’s Rights 1924 (Geneva Declaration)

Notably, and as was the case in 1959, the Geneva Declaration was a reaction to the effects of
the First World War. The Geneva Declaration was adopted by the Fifth Assembly of the
League of Nations in 1924. It is noted that the Geneva Declaration remains the first
international Human Rights instrument in history to specifically address child’s rights. 105

105
https://www.humanium.org/en/geneva-
declaration/#:~:text=The%201924%20Geneva%20Declaration%20stated,that%20it%20has%20to%20give.%E2
%80%9D&text=The%20fundamental%20needs%20of%20children,%2C%20assistance%2C%20relief%20and
%20protection accessed 11th April, 2023.

44
However, it being only a declaration, it addressed “men and women of all nations” without
imposing obligations on States.106 Further, the concept of the person-hood of the child was
still vague as children were not yet seen as right holders but as objects in need of the
protection afforded by the Geneva Declaration. 107 Thus, the Geneva Declaration was more
concerned with child welfare.

The point must be made at this juncture, that the concept of all-round activism radically
advocated for in this research, to wit, that all governmental and non-governmental
stakeholders with respect to child's rights, must proactively transcend and go beyond
technical limitations to ensure that the child is afforded all his/her rights; is not a new concept
under the sun. For as with the Convention on the Rights of the Child, Non-Governmental
Organizations (such as Save the Children Fund and International Council of Women) played
vital roles in the drafting of the Geneva Declaration. Precisely, the Declaration was part of
the 1923 Charter of Save the Children International Union.108 It was the introductory
paragraph that was added before its adoption by the League of Nations. 109

The content of the Geneva Declaration 110 is as follows;

By the present Declaration of the Rights of the Child, commonly known as the
Declaration of Geneva, men and women of all nations, recognizing that mankind
owes to the child the best that it has to give, declare and accept it as their duty that,
beyond and above all considerations of race, nationality or creed:
I. The child must be given the means requisite for its normal development, both
materially and spiritually;
II. The child that is hungry must be fed; the child that is sick must be helped; the child
that is backward must be helped; the delinquent child must be reclaimed; and the
orphan and the waif must be sheltered and succoured;
III. The child must be the first to receive relief in times of distress;

106
Office of the United Nations High Commissioner for Human Rights, "Legislative History of the Convention
on the Rights of the Child", Volume I,
https://www.ohchr.org/Documents/Publications/LegislativeHistorycrc1en.pdf accessed 11th April, 2023.
107
Id.
108
Id.
109
Id.
110
The following is taken from the records of the Fifth Assembly, League of Nations official Journal, Special
Supplement No. 23, p. 179.

45
 IV. The child must be put in a position to earn a livelihood and must be protected
against every form of exploitation;
V. The child must be brought up in the consciousness that its talents must be devoted
to the service of its fellow men.

3.2.1.2 United Nations Declaration of Human Rights (UDHR)

Sufficient literature exists on what the UDHR entails. Suffice it to say that it is a milestone
document in the history of human rights. It was adopted by the United Nations on the 10th
December, 1948 and was proclaimed as a common standard of achievements for all peoples
and all nations. It sets out, for the first time, fundamental human rights to be universally
protected. It is widely recognized as having inspired, and paved the way for, the adoption of
more than seventy human rights treaties, applied today on a permanent basis at global and
regional levels (all containing references to it in their preambles). With respect to child's
rights, it states in its article 25;

1. Everyone has the right to a standard of living adequate for the health and well-
being of himself and of his family, including food, clothing, housing and medical care
and necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.

Although this is not the major international instrument guaranteeing the protection of Child's
right, it is important to note that it brings emphasis to the need for an adequate standard of
living for the child. The article provides for provision rights for the child, as well as for non-
discrimination of a child by reason of his birth. This principle of non-discrimination has been
captured within the CFRN thus;
“No citizen of Nigeria shall be subjected to any disability or deprivation merely by
reason of the circumstances of his birth.”111

111
CFRN, s42 (2).

46
Therefore there is no law that can prevail against a child by reason of being born out of
wedlock. However, apart from the principle of non-discrimination which is evident, it is also
important to observe the context in which recognition was given to the right of the child in
the UDHR. It was given in the context of the right to adequate standards of living. The
obvious rationale is that only parents provided with an adequate standard of living would
reasonably be expected to provide their child(ren) with the same right. Nemo dat quod none
habet would mean in this context that parents who are deprived by their government of this
right would be unable to provide this right to their children. This reasoning stills flows in the
provision of the same right under the CRC in its article 27 thus;

1. States Parties recognize the right of every child to a standard of living adequate for
the child’s physical, mental, spiritual, moral and social development.

2. The parent(s) or others responsible for the child have the primary responsibility to
secure, within their abilities and financial capacities, the conditions of living
necessary for the child’s development.

3. States Parties, in accordance with national conditions and within their means, shall
take appropriate measures to assist parents and others responsible for the child to
implement this right and shall in case of need provide material assistance and support
programmes, particularly with regard to nutrition, clothing and housing.

4. States Parties shall take all appropriate measures to secure the recovery of
maintenance for the child from the parents or other persons having financial
responsibility for the child, both within the State Party and from abroad. In particular,
where the person having financial responsibility for the child lives in a State different
from that of the child, States Parties shall promote the accession to international
agreements or the conclusion of such agreements, as well as the making of other
appropriate arrangements.

It should be noted that the UDHR is not a binding legal document, but as has already been
mentioned, many binding human rights treaties have emanated on the foundation of
declarations it sets forth. Therefore cases relating to adequate standard of living will be
considered under the CRC. But before then, it is also noted that generally, every fundamental

47
human right available to the adult as contained in the UDHR are also adapted to and inheres
in the child under the CRC.

3.2.1.3 Declaration of the Rights of the Child in 1959 (1959 Declaration)

Following the UDHR, the Declaration of the Rights of the Child in 1959 was adopted by the
United Nations (UN) General Assembly. It passed through various stages before it was
finally adopted. It passed through the Draft declaration of the rights of the child (Social
Commission, 1950); the Draft declaration of the rights of the child (Commission on Human
Rights, 1959); the Economic and Social Council resolution 728 (XXVIII) C adopted on 30
July 1959; the Discussion in the General Assembly on 20 November 1959, and finally, the
Declaration of the Rights of the Child, proclaimed by General Assembly resolution 1386
(XIV) of 20 November 1959.

A close observation reveals that it was undertaken almost immediately after the UDHR of
1948, as measures were taken to improve upon the Geneva Declaration, especially in the light
of the gross human rights violations and atrocities perpetrated during the Second World War.
Moving beyond the five principles included in the Geneva Declaration, it expanded them to
ten principles covering the right to freedom from discrimination, 112 the right to all-round
development and that the best interest of the child shall have the paramountcy when laws are
enacted for this purpose, 113 Right to name and nationality 114 Right to enjoy benefits of social
security,115 right of children living with disability or a handicap,116 Right to family life and to
not be separated from his or her parents,117 Right to free compulsory education and right to
play and recreation,118 right to be the first to receive relief and protection,119 Right to
protection from exploitation and neglect including child labour and trafficking,120 Right to be
brought up in a spirit of understanding, tolerance, friendship, and in the use of his talents for
service of his fellow men, etc. 121 Laudably, this served as a foundation for the United Nations
Convention on the Rights of the Child (CRC) in 1989.

112
1959 Declaration, principle 1.
113
Ibid, principle 2.
114
Ibid, principle 3.
115
Ibid, principle 4.
116
Ibid, principle 5.
117
Ibid, principle 6.
118
Ibid, principle 7.
119
Ibid, principle 8.
120
Ibid, principle 9.
121
Ibid, principle 10.

48
However, the1959 Declaration, unlike the CRC, did not recognize the child’s individual right
to participation, but was still also characterized by the provision-protection view of children’s
rights. As have been earlier stated, this was owing to the assumption of childhood
dependency and vulnerability which it adopted; children were viewed as “objects” in need of
“services”.122

3.2.1.4 International Covenant on Civil and Political Rights (ICCPR)

Nigeria ratified the ICCPR on the 29th July, 1993. Although not a covenant specifically for
the right of a child, littered here and there within its articles are provisions protecting the
rights of children. Therefore in its articles 14, 18, 23 and specifically 24, which provides
respectively for the right to equality before the court or tribunal and to a fair trial, the right to
freedom of thought, religion and conscience, the right to marry and found a family, and the
right of children to birth registration and nationality; are provisions sensitive and to and
providing children's rights under specific anticipated occasions. The provisions are treated
seriatim;

Article 14 provides;

1. ... but any judgement rendered in a criminal case or in a suit at law shall be made
public except where the interest of juvenile persons otherwise requires or the
proceedings concern matrimonial disputes or the guardianship of children.

This protection for the child has properly been entrenched in the CFRN in its section 36 (4)
while it reads;

(4) Whenever any person is charged with a criminal offence, he shall, unless the
charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by
a court or tribunal:

Provided that -

122
Cohen, C. P. “United Nations Convention on the Rights of the Child: Developing international norms to
create a new world for children”, In K. Alaimo & B. Klug (Eds.), Children as equals: Exploring the rights of the
child Lanham, MD: University Press of America (2002), pp. 49–72.

49
 (a) a court or such a tribunal may exclude from its proceedings persons other than the
parties thereto or their legal practitioners in the interest of defence, public safety,
public order, public morality, the welfare of persons who have not attained the age of
eighteen years...

More so, the CRA in its section 205 also provides for protection of the privacy of the child
while it reads;

(1) The right of the child to privacy specified in section 8 of this Act shall be
respected at all stages of child justice administration in order to avoid harm being
caused to the child by undue publicity or by the process of labeling.

(2) Accordingly no information that may lead to the identification of a child offender
shall be published.

(3) Records of a child offender shall

(a) be kept strictly confidential and closed to third parties;

(b) made accessible only to persons directly concerned with the disposition of the
case at hand or other duly authorised persons; and

(c) not be used in adult proceedings subsequent cases involving the same child
offender.

As touching cases like the guardianship of infants, it should be noted that all proceedings
including civil proceedings addressing the rights, liabilities, etc. Of a child are conducted at
the Family Court division of the either the High Court or Magistrate Court in Nigeria. And
the CRA clearly provides for the privacy of the Child during such proceedings. 123 For
instance in section 156 the only persons allowed to attend the Court when the matter of a
child is before it are (a) the members and officers of the Court; (b) the parties to the case,
their solicitors and counsel; (c) parents or guardian of the child; and (d) other persons
directly concerned in the case, to the exclusion of all others, specifically members of the
press.124 Also section 157 prohibits the publication of such child's name, address, school,

123
See generally, CRA, ss. 156 & 157.
124
ibid, section 156.

50
photograph, or anything likely to lead to the identification of the child whose matter is before
the Court except in so far as is required by the provisions of the CRA. 125 Contravention of
this provision attracts punishment by way of a fine of fifty thousand naira or imprisonment
for a term of five years or to both such fine and imprisonment. 126 It must be noted that this
provisions are laudable.

On the right to freedom of thought, religion and conscience, Article 18 of the ICCPR
provides;

4. The States Parties to the present Covenant undertake to have respect for the liberty
of parents and, when applicable, legal guardians to ensure the religious and moral
education of their children in conformity with their own convictions.

The Human Rights Committee in its general comments 127 stated that under article 18.4,
public schools may provide instruction in subjects such as the general history of religions and
ethics provided it is given in a neutral and objective way. 128 It also finds a connection
between the liberty of parents/legal guardians to ensure that their children receive religious
and moral education which conforms with their own convictions, contained in article 18.4,
and the guarantees of the freedom to teach a religion or belief set forth in article 18.1. It also
noted that unless provision is made for non-discriminatory exemptions or alternatives that
would accommodate the wishes of parents and guardians, public education that includes
instruction in a particular religion or belief is inconsistent with article 18.4.

This right is more balanced as a fundamental right in section 38(2-3) CFRN while it reads;

2. No person attending any place of education shall be required to receive religious

instruction or to take part in or attend any religious ceremony or observance if
such instruction ceremony or observance relates to a religion other than his own,
or religion not approved by his parent or guardian.

125
ibid, section 157(1).
126
ibid, section 157(2).
127
Human Rights Committee, General Comment 22, Article 18 (Forty-eighth session, 1993). Compilation of
General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc.
HRI/GEN/1/Rev.1 at 35 (1994).
128
Ibid, para 6.

51
 3. No religious community or denomination shall be prevented from providing
religious instruction for pupils of that community or denomination in any place of
education maintained wholly by that community or denomination.

Under the Right to marry and found a family guaranteed in article 23.4 of the ICCPR,
provision is made for the necessary protection of any child affected by a case of dissolution
of the marriage of his parents. This right which has been provided for the child shall be
examined under the CRA as well.

The civil rights of children are particularly captured under the ICCPR in its article 24, which
reads;

1. Every child shall have, without any discrimination as to race, colour, sex, language,
religion, national or social origin, property or birth, the right to such measures of
protection as are required by his status as a minor, on the part of his family, society
and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality

Without further ado, the rights stated in the foregoing provisions which include the right to
freedom from discrimination, 129 the right to protection as a minor,130 the right to birth
registration and a name131 and to acquire a nationality 132 are also domesticated in the CFRN
and the CRA. However it must be noted that, with regards to the right of nationality, neither
the CFRN nor the CRA provides national protection measures and safeguards to cater for
stateless children in Nigeria, although this right is provided in the CRC. 133 As have been
noted by Solomon Momoh, neither the Nigerian Constitution 134 nor other relevant Nigerian
legal and policy instruments relevant for the identification and prevention/reduction of
statelessness, such as the CRA, Nigeria Immigration Act, and the National Action Plan to

129
CFRN, s42(2); CRA, s10.
130
CRA, s2.
131
CRA, s5.
132
See generally CFRN, s25.
133
See generally CRC, articles 7 and 8.
134
Particular in it’s chapter III on Citizenship

52
End Statelessness in Nigeria provide such protection measures. 135 This is further aggravated
by the lack of a Statelessness Determination Procedure (SDP)136. The author noted that this
exposes many in Nigeria to the risk of statelessness, and that those most at risk are

1. children born to foreign parents within the territory of Nigeria who would otherwise
be stateless

2. foundlings and children adopted in Nigeria whose nationality is unknown or unclear,

etc.

Some challenges associated with statelessness which such children would have to be plagued
with relate to denial of access to education, medical services, banking, the right to vote, travel
documents, and birth certificates. 137 The Human Rights Commission General comment states
in paragraph 8 that Special attention should also be paid, in the context of the protection to be
granted to children, to the right of every child to acquire a nationality, as provided for in
article 24, paragraph 3. 138 On the flipside of the coin, while this provision aims to prevent a
child from being afforded less protection by society and the State because he is stateless, it
does not compel Nigeria to give their nationality to every child born in their territory. 139
However, the responsibility on Nigeria is that it is not to be passive, but it should actively
adopt every appropriate measure, both internally and in cooperation with other States, to
ensure that every child has a nationality when he is born. 140 Closely related to this is the
disallowance of discrimination with regard to the acquisition of nationality under Nigerian
law as between legitimate children and children born out of wedlock or of stateless parents or
based on the nationality status of one or both of the parents.141 Interestingly, however, it must
be noted that by virtue of section 3 of the CRA, all civil rights accruing to citizens of Nigeria
as provided in chapter IV of the CFRN have been made applicable to every child under the
CRA.

135
Solomon Oseghale Momoh, “Statelessness and the Right to Nationality: Developing a Determination
Procedure in Nigeria”, https://globalcit.eu/statelessness-and-the-right-to-nationality-developing-a-
determination-procedure-in-nigeria/ accessed 1st February, 2023.
136
id.
137
id.
138
CCPR General Comment No. 17: Article 24 (Rights of the child) Adopted at the Thirty-fifth session of the
Human Rights Committee, on 7 April 1989, para 8.
139
id.
140
id.
141
Id, the provision of CFRN, s42(2) would be applicable here.

53
3.2.1.5 International Covenant on Economic and Social and cultural Rights (ICESCR)

Nigeria ratified the ICESCR on the 29th July, 1993. Under the rights to assistance and
protection for the family,142 the right to health143 and the right to education, 144 the rights of
the child are also captured under the ICESCR.

With regards to the body of rights under article 10 of the ICESCR, the widest possible
protection and assistance should be given to the family, because inter alia, it is responsible for
the care and education of dependent children. Particularly art. 10.3 specifies that

1. Special measures of protection and assistance should be taken on behalf of all

children and young persons without any discrimination for reasons of parentage or
other conditions.145
2. Children and young persons should be protected from economic and social
exploitation. Their employment in work harmful to their morals or health or
dangerous to life or likely to hamper their normal development should be punishable
by law. States should also set age limits below which the paid employment of child
labour should be prohibited and punishable by law. 146

Further, in the context of the right to health also known as the right to the enjoyment of the
highest attainable standard of physical and mental health as contained in Article 12, the steps
to be taken by Nigeria under the ICESCR to achieve the full realization of this right shall
include inter alia those necessary for the provision for the reduction of the stillbirth-rate and
of infant mortality and for the healthy development of the child. This is adequately provided
for in the CRA.147

As regards the right to education contained in article 13, a joint reading of the provisions of
sections 15 of the CRA and section 38(2) of the CFRN provides reasonable ground to assert
that section 18 of the CFRN is to a reasonable extent justiciable and enforceable, the only

142
ICESCR, article 10.
143
ICESCR, article 12.
144
ICESCR, article 13.
145
The CRA in its section 2 has aptly provided for this.
146
The beautiful provisions in CRA, sections 28-29 adequately protects the child in this regard, especially as by
the latter section the provisions relating to young persons in sections 58, 59, 60, 61, 62 and 63 of the Labour Act
are made to apply to children under CRA.
147
CRA, s13.

54
limitations finding possibility being provision of free senior secondary and university
education.

3.2.1.6 The United Nations Convention on the Rights of the Child (CRC).

Now here we have the most ratified international human rights legal instrument under
consideration. Currently, 196 countries are party to it! And it has the most influential impact
on our research work from the international plain. It is an international treaty that secures the
civil, political, economic, social, health and cultural rights that accrues and belongs to a child.
Adopted by the UN General Assembly and opened for ratification on 20th November 1989, it
actually came into force on 2nd September 1990. It was signed on 26th June 1990 and ratified
in Nigeria on April 16th 1991. It goes without saying that Nigeria is “obligated under Article
4 of the CRC to undertake all appropriate legislative, administrative and other measures for
the implementation of the rights recognised in the present convention.” 148

The Convention secures over forty substantive rights grouped under four headings – Survival
rights, Developmental rights, Protection rights and Participation rights. It provides for the
following rights and measures of protection for the multifaceted interests of the child in all
manner of contexts and possible vicissitudes of life in its 54 articles thus:

Right to Non-discrimination,149 best interest of the child, 150 protection of rights by state
parties,151 parental guidance,152 survival and development,153 registration, name, nationality
and care,154 preservation of identity,155 separation from parents,156 family reunification,157
kidnapping,158 respect for the views of the child,159 freedom of expression,160 freedom of

148
O. I. Tajudeen, “Legal Framework For The Protection Of Child Rights In Nigeria”, Agora International
Journal of Juridical Sciences, No. 3 (2015); cited in Etagbemukwe Favour E., “The Legal Protection of Child’s
Rights in Nigeria: A Comparative Study with Some Foreign Jurisdictions”, being a research project submitted to
the faculty of law, Lagos State University, Ojo Lagos.
149
CRC art 2.
150
Ibid art 3.
151
Ibid art 4.
152
Ibid art 5.
153
Ibid art 6.
154
Ibid art 7.
155
Ibid art 8.
156
Ibid art 9.
157
Ibid art 10.
158
Ibid art 11.
159
Ibid art 12.
160
Ibid art 13.

55
thought, conscience and religion, 161 freedom of association, 162 right to privacy,163 access to
information: mass media, 164 parental responsibilities; state assistance, 165 protection from all
forms of violence, 166 children deprived of family environment, 167 adoption,168 refugee
children,169 children with disabilities, 170 health and health services, 171 review of treatment in
care,172 social security,173 adequate standard of living, 174 right to education,175 goals of
education,176 children of minority,177 leisure, play and culture, 178 child labour,179 drug
abuse,180 sexual exploitation,181 abduction, sale and trafficking, 182 other forms of
exploitation,183 detention and punishment, 184 war and armed conflict, 185 rehabilitation of child
victim,186 juvenile justice,187 respect for superior national standards,188 promoting
enlightenment and knowledge of rights. 189

The UN, civil society, and others should collaborate to implement the Convention for every
child, according to Articles 43 to 54. The Committee on the Rights of the Child, which is
made up of 18 independent experts, reviews a State's implementation of the Convention
every five years. It provides the State with specific recommendations on how to expedite the

161
Ibid art 14.
162
Ibid art 15.
163
Ibid art 16.
164
Ibid art 17.
165
Ibid art 18.
166
Ibid art 19.
167
Ibid art 20.
168
Ibid art 21.
169
Ibid art 22.
170
Ibid art 23.
171
Ibid art 24.
172
Ibid art 25.
173
Ibid art 26.
174
Ibid art 27.
175
Ibid art 28.
176
Ibid art 29.
177
Ibid art 30.
178
Ibid art 31.
179
Ibid art 32.
180
Ibid art 33.
181
Ibid art 34.
182
Ibid art 35.
183
Ibid art 36.
184
Ibid art 37.
185
Ibid art 38.
186
Ibid art 39.
187
Ibid art 40.
188
Ibid art 41.
189
Ibid art 42.

56
Convention's implementation in light of this review. Children and civil societies speak with
the Committee and submit their own reports on child rights to help guide the review.190

3.2.1.7 Other International Legal Instruments in support of Childs Rights in Nigeria.

Akin Ogundayisi said it was notable that the government has ratified other treaties that have
had a significant impact on the CRA. As of December 2001, international conventions and
protocols on women and children ratified by governments include:
• International Labour Convention 182 on Minimum Age;
• International Labour Convention 138 on Elimination of the Worse Forms of Child
Labour;
• Optional Protocol to the Convention on Elimination of All Discrimination Against
Women;
• Optional Protocol on the Involvement of Children in Armed Conflicts;
• Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography;
• Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or
Punishment;
• Convention Against Trans-national Organized Crime; and
• Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women
and Children.191
In the next chapter, all of these and subsequent legal regimes, as would be shown, proves to
be very useful in guaranteeing and protecting the rights of the child, even as the examination
of the institutional framework would be carried out, to see how the challenges mentioned in
the same chapter can be combatted by just any child with the requisite representative(s).

3.2.2 THE REGIONAL LEGAL FRAMEWORK FOR THE PROTECTION OF

CHILD'S RIGHTS.

3.2.2.1 The African Charter on Human and People's Rights 1981 (The Banjul Charter)

190
Ibid arts 43-54.
191
Akin Olawale Ogundayisi, “Legal Impediments on the Practical Implementation of the Child Right Act
2003” Available at;
https://www.academia.edu/6898104/LEGAL_IMPEDIMENTS_ON_THE_PRACTICAL_IMPLEMENTATIO
N_OF_THE_CHILD_RIGHTS_ACT_IN_NIGERIA accessed 15th September, 2022.

57
Inspired by the International Bill of Rights (UDHR, the ICCPR and the ICESCR), the Banjul
Charter was adopted in 1981. It entered into force on 21 October 1986; and was ratified by
Nigeria on 22 June 1983. It contains a thorough list of human rights, including civil, political,
economic, social and cultural rights. 192

By virtue of the Banjul Charter, Nigeria has a duty to recognize the rights, duties, and
freedoms enshrined in the Charter and is mandatorily required to undertake to adopt
legislative or other measures to give effect to them. 193 Nigeria has the duty to promote and
ensure through teaching, education and publication, the respect of the rights and freedoms
contained in the present Charter, and to see to it that these freedoms and rights as well as
corresponding obligations and duties are understood.194 In addition Nigeria has a duty to
“allow the establishment and improvement of appropriate national institutions entrusted with
the promotion and protection of the rights and freedoms guaranteed by the Charter.” 195

However, the Banjul Charter was not primarily written for the protection of child's rights in
particular. Hence the only concise reference to the rights of children is in the context of
safeguarding the rights of women as contained in article 18.3 of the Banjul Charter while it
reads;

“The State shall ensure the elimination of every discrimination against women and
also ensure the protection of the rights of the woman and the child as stipulated in
international declarations and conventions.”

However cursory as it seems to be, it still can be exploited by the child against perpetrators
and infringers of his or her rights, in ways that will be examined under the institutional
framework. However, as a precursor, it must be noted that the Banjul Charter verily has been
domesticated into Nigerian law in accordance with section 12 of the CFRN as the African
Charter on Human and Peoples’ Rights [Ratification and Enforcement] Act.196 Therefore as

192
Etagbemukwe Favour E., “The Legal Protection of Child’s Rights in Nigeria: A Comparative Study with
Some Foreign Jurisdictions”, being a research project submitted to the faculty of law, Lagos State University,
Ojo Lagos.
193
Banjul Charter, art 1.
194
Ibid art 25.
195
Ibid art 26.
196
CAP A9, Laws of the Federation of Nigeria (LFN), 2004.

58
has been held in the case of General Sani Abacha v Chief Gani Fawehinmi197 the Charter is
part of Nigerian law and courts must enforce it.

3.2.2.2 The African Charter on the Rights and Welfare of the Child (Children’s
Charter)

The Children's Charter was adopted on July 11, 1990, by the organisation of Africa Unity
(which legally became the African Union in 2001) and entered into force on November 29,
1999. Obviously the question becomes important which asks,

“Why did it take so long?”

This is especially so considering the fact that the necessary ratification of the CRC which was
not difficult for African Countries, and which in fact they rushed to do, became a problem
with regards to the Children’s Charter which now had to come into force 9 years later, when
15 states eventually fulfilled the necessity of ratification for the Children’s Charter to come
into force. For instance, it was ratified by Nigeria on 23 July 2001. Ghana, the first country to
ratify the CRC (within a month of its adoption) took 15 years to ratify the Children’s Charter.
Thus Njungwe198 asks;

“[I]f the specific protection of African children was so urgent that it necessitated a
separate treaty, why did it take so long for African leaders to ratify their own treaty?”

This is a pointer to the endemic passivity which characterises most governments of Africa in
matters of child's rights. This is why only a proactive approach to child's right by all
governmental arms of Nigeria (governmental activism) can suffice to restore all deserving
rights to children in Nigeria. The concept of governmental activism is already advocated for
in most international and regional treaties such as the Children's Charter which mandates that
Nigeria (and other state parties) must recognise the rights, freedoms and duties enshrined in
the Charter and take the necessary steps to adopt such legislative or other measures as may be
necessary to give effect to the provisions of the Charter. 199

197
(2000) SC No. 45/1997.
198
Njungwe, E.N. 'International Protection of Children's Rights: an analysis of African attributes in the African
charter on the rights and welfare of the child'. Cameroon Journal on Democracy and Human Rights, 3, (1)
(2009) pp. 4-25
199
Children’s Charter, art 1.

59
The Children’s Charter with a Preamble and 48 articles, provides a list of rights of the child
which are similar to those in the CRC. However, a noticeable dissimilarity which exists
between the CRC and the Children’s Charter is that the latter also imposes duties on the
child. It is a comprehensive instrument that lays out rights and defines universal principles
and norms for status of children.200 It also covers the whole range of civil, political,
economic, social and cultural rights.

It strives to shield the child from all sorts of economic exploitation, dangerous employment
that interferes with education, or work that jeopardizes the child's health or development on
all fronts—physical, social, mental, spiritual, and moral—as well as to protect the child's
private life. It demands protection from mistreatment and abuse, harmful social and cultural
norms, all types of exploitation or sexual abuse, including commercial sexual exploitation,
and the use of illicit drugs. It tries to stop child begging, kidnapping, and trafficking in
children.201

The Children’s Charter provides for the following rights; non-discrimination,202 best interest
of the child,203 survival and development, 204 name and nationality, 205 freedom of
expression,206 freedom of association, 207 freedom of thought, conscience and religion, 208
protection of privacy,209 education,210 leisure, recreation and cultural activities,211 right of the
handicapped children,212 health and health services, 213 child labour,214 protection against child
abuse and torture,215 administration of juvenile justice,216 protection of family,217 parental
care and protection,218 parental responsibilities,219 protection against harmful social and

200
Etagbemukwe Favour E., “The Legal Protection of Child’s Rights in Nigeria: A Comparative Study with
Some Foreign Jurisdictions”, being a research project submitted to the faculty of law, Lagos State University,
Ojo Lagos, p 60.
201
Ibid p 61.
202
Children's Charter, art 3.
203
Ibid art 4.
204
Ibid art 5.
205
Ibid art 6.
206
Ibid art 7.
207
Ibid art 8.
208
Ibid art 9.
209
Ibid art 10.
210
Ibid art 11.
211
Ibid art 12.
212
Ibid art 13.
213
Ibid art 14.
214
Ibid art 15.
215
Ibid art 16.
216
Ibid art 17.
217
Ibid art 18.
218
Ibid art 19.

60
cultural practices,220 protection of children in armed conflict, 221 refugee children,222
adoption223, separation from parents, 224 protection against apartheid and discrimination, 225
sexual exploitation,226 drug abuse227 sale, trafficking and abduction, 228 children of imprisoned
mothers 229 inter alia. All the above provisions form the bulk of part I of the charter. Uniquely
its article 31 provides for the responsibilities of the child. It obligates the child to, subject to
his age and ability, and such limitations as may be contained in the present Charter, respect,
serve, preserve and strengthen and contribute to the best of his abilities; to certain recipients
of all such virtues as are stated in the same article.

Some of the Criticisms outlined by jurists such as Michael Gose 230 against the Children’s
Charter are as follows;

• It does not protect children from life imprisonment without the possibility of release.
• Alternatives such as reintegration into the community are not provided when dealing
with criminal activity
• No mention of rights such as the right to remain silent, protection from retroactive
law, challenge imprisonment, compensation for miscarriage of justice
• Article 20 can be interpreted as supporting corporal punishment by parents, as the
meaning of "domestic discipline" is unclear.
• The omission of provisions requiring States to fully provide and utilize resources
means that the Children's Charter lacks the power to guarantee or compel States to
provide resources to ensure the realization of children's rights.

219
Ibid art 20.
220
Ibid art 21.
221
Ibid art 22.
222
Ibid art 23.
223
Ibid art 24.
224
Ibid art 25.
225
Ibid art 26.
226
Ibid art 27.
227
Ibid art 28.
228
Ibid art 29
229
Ibid art 30.
230
Michael Gose, "The African Charter on the Rights and Welfare of the Child - An assessment of the legal
value of its substantive provisions by means of a direct comparison to the Convention on the Rights of the
Child", Children's Charter Project, Community Law Center, Belleville, 2002, ISBN 0-620-29420-5:
https://web.archive.org/web/20110927035902/http://www.communitylawcentre.org.za/clc-projects/childrens-
rights/other-publications/african_charter.pdf accessed on the 4th February, 2023.

61
 • Although the Children's Charter provides special protection for persons with
disabilities, it does not explicitly include disability as a prohibited ground for
discrimination.
• Unlike the CRC, which explicitly provides for the rights of minority children, the
African Charter does not have similar provisions, although many countries in the
region have significant numbers of minority and indigenous groups.

3.2.3 NATIONAL LEGAL REGIMES FOR THE PROTECTION OF CHILD RIGHTS

IN NIGERIA

3.2.3.1 The Constitution of the Federal Republic of Nigeria 1999 as Amended (CFRN)

The CFRN is the grundnorm and the fons et origo of all other laws in Nigeria. It is the
Supreme law of the land. The validity of any other law in Nigeria is determined from the
standpoint of the CFRN.231

As has been already mentioned, section 3 of the CRA makes applicable and adapted to
children the fundamental rights contained in chapter IV of the CFRN. While this is laudable,
it must be noted that the CFRN in and of itself is lamely poised to support or secure the rights
of the Nigerian child. For instance, the following defects subsists in the CFRN;

• The provisions of section 17(2)(f) CFRN providing that the government would ensure
that children, young persons and the aged are protected against any exploitation
whatsoever, and against moral and material neglect; and section 18(3) (a-b) CFRN
providing generally that the government shall strive to eradicate illiteracy; and to this
end that the Government shall as and when practicable provide free, compulsory and
universal primary education; and free secondary education; inter alia, are paralysed
by the provisions of section 6(6)(c) CFRN which makes the whole social, economic
and cultural rights in Chapter II in which they are found non-justiciable and
unenforceable.232
• The CFRN itself supports child marriage with all its attendant health challenges for
the female child as its section 29(4)(b) provides that any woman that is married shall
231
See generally the cases of AG, Lagos State v. AG, Federation [2004] 18 NWLR (Pt. 904) 1 SC, Hon.
Muyiwa Inakoju & 17 Ors v Hon Abraham Adeolu Adeleke & 3 Ors (S.C. 272/2006)[2007] NGSC 55, ANPP v
IGP (2006) CHR 181.
232
Interesting that the duties of the citizens contained in the same chapter are not affected by section 6(6)(c) of
the CFRN.

62
 be deemed to be of full age. How reasonable is it for a twelve, thirteen or even fifteen
year-old female child to be deemed of full age because she is married to an obviously
matured adult male? How “full” is such an age? Then let any man have sexual
intercourse with a baby- we could deem the baby to be of full age after all! Let us
remind ourselves that human rights are not rights provided by any religion or culture,
it is provided by God to all humans (including children, particularly female children)
and thus must be subject to no religion or culture.
• Dr. Uchenna Emelonye233 notes that the Constitution appallingly did not prioritize the
matter of child’s right in particular or human rights in general, as neither of the two
were deemed fit or important to be placed as an item in either the Exclusive or
Concurrent legislative list.
• She also notes that both the 1999 Constitution itself, and the mode in which the CRA
was enacted under the Constitution were grossly defective, particularly when it is
considered that it was enacted under section 299(a) of the CFRN, which restricts the
application of the CRA to the FCT, Abuja, with an option for states to adopt or
domesticate it into their own laws.234
• Most importantly, and connected to the first issue, is the fact that section 12 of the
CFRN is a reputable hindrance to the automatic domestication of international and
regional treaties like the CRC and the Children’s Charter, and is as well a leeway for
state governments in Nigeria to abscond their obligations to the child under such
treaties and regimes using religion and culture as a pretext. The reason is, under the
said section 12 of the CFRN the first impediment is that the National Assembly may
make laws for the Federation or any part thereof with respect to matters not included
in the Exclusive Legislative List for the purpose of implementing a treaty. 235
However, such bill had to be ratified by a majority of all the House of Assembly in
the Federation236 before it can be presented to the president for assent. How then was
the CRA domesticated? Section 299 (a) CFRN provides;

The provisions of this Constitution shall apply to the Federal Capital Territory,
Abuja as if it were one of the States of the Federation; and accordingly -

233
Dr. Uchenna Emelonye, “Normative Evolution of Child Rights in Nigeria”, Journal of Advance Research in
Social science and Humanities (ISSN: 2208-2387). Available at;
http://nnpub.org/index.php/SSH/article/view/870 accessed on 6th October, 2022.
234
Ibid.
235
CFRN, s12(2).
236
Ibid s12(3).

63
 1. all the legislative powers, the executive powers and the judicial powers
vested in the House of Assembly, the Governor of a State and in the courts
of a State shall, respectively, vest in the National Assembly, the President
of the Federation and in the courts which by virtue of the foregoing
provisions are courts established for the Federal Capital Territory, Abuja;

Thus since these powers vest in the National Assembly and the President, Emelonye 237
records that the National Assembly circumvented the provisions of section 12(2) by enacting
the CRA under the above section 299(a). This is against the backdrop of the fact that the bill
was first introduced in 2002, but did not pass because of opposition from the Supreme
Council for Shari’a. So it was officially passed into law in 2003 by Former President
Chief Olusegun Obansanjo as the Children's Rights Act 2003, in large part because of the
media pressure that national stakeholder and international organizations put on the National
Assembly.238

3.2.3.2 The Child's Right Act 2003 (CRA)

The CRA The child Rights Act was passed into law by the National Assembly in 2003 by
Former President Chief Olusegun Obasanjo. This Act was created to serve as a legal
documentation for the protection of children right in Nigeria. 239 It recognizes the rights of
children, restores their confidence and self-esteem and improves their status. 240 The Act has
278 sections, 24 parts and eleven schedules.

The CRA incorporates all the rights and responsibilities of children and specifies the duties
and obligations of government, parents and other authorities, organisations and bodies. The
law has three primary purposes: to incorporate the rights of the CRC and the Children’s
Charter into the national law, to provide the responsibilities of government agencies

237
Emelonye, Uchenna, "Proportionality and Best Interests: Calibrating the Twin Pillars of Child Justice in
Nigeria" (2014). University of Helsinki: 25.
https://www.academia.edu/68193498/Proportionality_and_Best_Interests_Calibrating_the_Twin_Pillars_of_Chi
ld_Justice_in_Nigeria accessed 4th February, 2023.
238
Ibid. See also Ogunniyi, D, "The Challenge of Domesticating Children's Rights Treaties in Nigeria and
Alternative Legal Avenues for Protecting Children" (2018). Journal of African Law. 62: 447–470 – via
Cambridge university press https://www.cambridge.org/core/journals/journal-of-african-law/article/challenge-
of-domesticating-childrens-rights-treaties-in-nigeria-and-alternative-legal-avenues-for-protecting-
children/AF4EFC026AAF73D8FE51920C1BC11543 accessed 4th February, 2023.
239
Etagbemukwe Favour E., “The Legal Protection of Child’s Rights in Nigeria: A Comparative Study with
Some Foreign Jurisdictions”, being a research project submitted to the faculty of law, Lagos State University,
Ojo Lagos, p 37.
240
Id.

64
associated with the law and to integrate children-focused legislation into one comprehensive
law.241

Under Part I, the Act provides that in every action concerning a child, the best interest of a
Child shall be the paramount consideration. It provides further that a child shall be given
protection and care necessary for his wellbeing while taking into account the rights and duties
of the child's parents, legal guardians, or other individuals, institutions, services, agencies,
organizations or bodies legally responsible for the child. 242

In Part II the CRA provides for the rights and responsibilities of a child. 243 It specifies that the
chapter IV of CFRN and any other federal law which details fundamental rights should be
seen as being part of the act. This part contains the rights, freedoms and responsibilities of
children. It goes on to state specific rights for children including the right to: survival, a
name, family life, private life, dignity, recreation, cultural activities, health services, and
education.244

Part III of the CRA deals with protection of the rights of the child. These include protection
from child marriage as well as the punishments for the act to the adult parties involved. Other
protections include: not being harmed (including being marked with tattoos) or from sexual
violence, being shielded from exploitative labour, or being enlisted in any military
operation.245

Part IV also provides for the reasons for which a child assessment order may be sought as
well as the reasons and duration for which emergency protection orders shall be given to a
child. It is also made clear the obligations of a state government when it is disclosed to that
institution that a child is being harmed. 246

The part V of the CRA outlines the ways and manner in which a court must proceed after a
child assessment order is made. It indicates the circumstances in which a child shall be
brought to court in order to determine if they need protection. This part also stipulates the
241
Id. See also Achilihu, Stephen. Nmeregina Do African Children Have Rights?: A comparative and Legal
Analysis of the United Nations Convention on the Rights of the Child’ (2010), Universal-Publishers.
242
CRA, ss1-2.
243
The responsibilities of the Child under the CRA in section 19 is pari material with the provisions of article
31 of the Children’s Charter.
244
See generally, CRA, sections 3-20. Note section 20 providing for the responsibility of parents, states and
others to the children in keeping to help the latter keep their responsibilities under section 19.
245
See generally, CRA, ss21-40.
246
See generally, CRA, ss41-49.

65
type of person who shall be allowed to make such a decision using the guidelines detailed in
this part.247

Part VI provides for the making of care and supervision orders which are structured to place
children in need of care and protection in the care of a designated person, appropriate
authority or state government for the purpose of safeguarding or promoting the welfare of the
child. The Supervision Orders may be inclusive of Education Supervision Orders.248

Part VII allows for the court to make use of paternity tests in order to make decisions in civil
proceedings when it is unclear who the parents of a child are. 249

Part VIII indicates how decisions should be made about custody of a child. 250

Part IX provides in details who is allowed guardianship and the ways in which guardianship
may be transferred from one adult to another over a child. 251

Part X specifies how a child becomes a ward of the court, that there may be payments
required of a previous guardian for the “maintenance” of their child, and the rules regarding
how a child may be released back into the custody of a guardian. 252

Part XI- sets out the circumstances in which a child may be fostered, the way in which an
adult may apply to foster a child, and the rules the adult fostering the child must adhere to. 253

Part XII- mandates that each state of Nigeria create a system for adoption services. This
section also outlines the process of applying for adoption and stipulates that the person
wishing to adopt a child must reside within the state that the child already lives. 254

Part XIII- establishes a system of family courts with two levels, establishes a right to legal
counsel for all children, and devises safe guards (such as the withholding of the child's name,

247
Ibid, ss50-52.
248
See generally CRA, Sections 53-62.
249
CRA, sections 63-67.
250
CRA, sections 68-81.
251
CRA, Sections 82-92.
252
CRA, sections 93-99.
253
CRA, sections 100-124.
254
CRA, Sections 125-148.

66
school pictures or any identifying features) within a trial which are meant to protect the
child.255

Part XIV- requires that every state creates a registry which shall track the names of the
children being supervised as well as the names of the individual nannies or day care providers
who are tasked with watching the children. These provisions also grant the government the
power to inspect any premise in which “child minding” occurs. 256

Part XV- set out the instances where a state's government is required to step in to protect the
welfare of children.257

Part XVI-XVIII - specifies the types of housing that may be established to house children:
community homes (or housing for children who are under the care of the government or not),
voluntary homes, and registered children's homes. 258

Part XIX- establishes that a minister may grant the inspection on children's homes for the
reasons listed in the clause. 259

Part XX- guarantees children the right to privacy in the court system. It is also vivid from this
part that children are to be tried through the child justice system and not the courts where
adults are tried. It indicates that within the Nigerian Police Force, there must be individuals
trained specifically to handle children. From a child's arrest to their treatment in an
institution, this part outlines the procedures. 260

Part XXI- indicates the ways in which “supervision officers” are appointed as well as the
duties of the specially appointed officers. 261

Part XXII- provides that this act allows for the minister to create specific institutions meant to
meet the needs of children. These centres refer (but are not limited to): Children Residential
Centres, Emergency Protection Centres, and a Children Correction Centres.262

255
CRA, sections 149- 162.
256
CRA, section 163 – 170.
257
CRA, section 171 – 185.
258
CRA, Sections 186-197
259
CRA, Sections 198 to 203.
260
CRA, Sections 204-238.
261
CRA, Sections 239 -246.
262
CRA, Sections 247 – 259.

67
Part XXIII- establishes the National Child Rights Implementation Committee which must
consist of one representative from fourteen of Nigeria's government bodies. The function of
the committee is to take actions which will lead to the compliance with the CRA itself as well
as other human rights treaties Nigeria has signed onto.263

Part XXIV- is named as “miscellaneous” and touches on some of the legal implications any
corporations may face for not following this act. Further, this part also defines terms.264
Therefore a child as defined by the CRA is any person under the age of 18. 265 Notably
conspicuous is the advantageous provision contained in section 274 of the CRA while it
reads;

(1) The provisions of this Act supercede the provisions of all enactments relating to

(a) children; (b) adoption, fostering, guardianship and wardship; (c) approved
institutions, remand centres and borstal institutions; and (d) any other matter
pertaining to children already provided for in this Act.

(2) Accordingly, where any provision of this Act is inconsistent with that of any of
the enactments specified in Subsection (1) of this Section, the provision of this Act
shall prevail and that other provision shall, to the extent of its inconsistency, be void.

Of course with the exception of the CFRN from which this CRA derives its validity, it is a
fortiori needless to mention the fact that the CRA has become the Constitution from which
any other enactment or practice derives its validity or otherwise. While customs and cultures
should necessarily be subjugated to any law for the time being in force in Nigeria by reason
of its invalidity, it is a great wonder that child marriage remains a custom in the Northern
states that stands as the stubborn porter and everlasting door that resists the successful
entrenchment of the CRA into the Northern states inter alia. Any other laws that operates in
Nigeria are not superior to the CRA as far as matters pertaining to the child in Nigeria is
concerned, be it a Christian law, a customary law or an Islamic law. For instance, a joint
reading of sections 277 and 274 of the CRA necessarily implies that all other laws be it
customary laws or legislation dictating any other age for the child is void to the extent of its
inconsistency with the CRA. It is safe to add to add that, as regards customary law positions

263
CRA, sections 260 – 270.
264
CRA, Sections 272-279.
265
CRA, s277.

68
on this subject, going by the incompatibility validity test which customary laws have to
undergo,266 no customary law should be countenanced by the court where the best interest of
the child is at stake in any proceeding, as no custom should take precedence over the CRA.

In all we see the provision of a well detailed legal document legitimizing the rights of the
child in Nigeria and guaranteeing for the same all his or her ascertainable civil, political,
social or economic rights.

However, some lacunas have been spotted out by the inquisitive eyes of some jurists. Apart
from the problem of domestication, which as of 2016, Enugu was reputed to be the 25 th state
of 36 States in Nigeria that has domesticated the CRA into its laws; it is also conspicuous that
the abuse of Female Genital Mutilation (FGM) is nowhere provided for in the CRA. This is
one oversight or neglect which cannot be condoned as far as the Nigerian Child is concerned
and ought to be looked into. As Akin Olawale Ogundayisi has pointed out in the literature
review, the avoidance of FGM Genital by the CRA, is an omission that potentially decries
and questions the efficacy of the CRA in really providing protection to the rights of the
female child in the Nigerian society. 267

Further, Michael A. AjaNwachuku, 268 points out that the CRA provided for participation
rights. But the CRA provisions regarding these rights were not adequately explicit, as the
words used in some of its provisions 269 are too implied, and might favour the argument that
they do not confer participatory rights. This is because it may be argued that the lawmaker
would have specifically mentioned same if he intended these rights to be conferred in such
instance. Examples of such provisions are sections 84(3), 101(a), (b) (i) & (ii), (c), (d), (e), (f)
and (g), (b)(iii) and section 102(1) CRA, where the consent of the child is not required to be
sought in certain matters relating to guardianship or custody of the child. Nonetheless, by
using the best interest principle captured within section 1 CRA, he points out that the best

266
See Re Adadevoh (1951) 13 WACA 304,Adesubokan v Yinusa (1971) NNLR 77, Rotibi v Savage (1944) 17
NLR 77.
267
Akin Olawale Ogundayisi, “Legal Impediments on the Practical Implementation of the Child Right Act
2003” Available at;
https://www.academia.edu/6898104/LEGAL_IMPEDIMENTS_ON_THE_PRACTICAL_IMPLEMENTATIO
N_OF_THE_CHILD_RIGHTS_ACT_IN_NIGERIA accessed 15th September, 2022.
268
Michael A. AjaNwachuku “The Nigerian Child and the Right to Participation: A Peep through the Window of
“The Best Interest” Clause of the Child’s Rights Act”. Beijing Law Review, 8, Scientific Research Publishing
Inc., (2017), pp. 159-170. Available at; https://doi.org/10.4236/blr.2017.82009accessed 5th October, 2022
269
For instance, see section 84(3), section 101(a), (b) (i) & (ii), (c), (d), (e), (f) and (g), (b)(iii) and section 102(1)
CRA, where the consent of the child is not required to be sought in certain matters relating to guardianship or
custody of the child.

69
interest clause strongly enjoins that the child's participation rights be interpreted as falling
within the meaning of those provisions. Section 1 CRA reads;

“In every action concerning a child, whether undertaken by an individual, public or

private body, institutions or service, court of law, or administrative or legislative
authority, the best interest of the child shall be the primary consideration.”

It is common knowledge that the word “shall” when used in the law is mandatory and not
discretionary. Note also that the section does not read; “shall be a primary consideration” but
“shall be the primary consideration”. 270 This means that no other consideration can override
the best interest or the child in every action concerning the child. This was the position of the
Court in the case of ZH (Tanzania) v Secretary of State for the Home Department,271 although
the case is of persuasive authority in Nigeria. Further, since the best interest of the child
cannot be ascertained without first knowing what the child is going through, emotionally, as
well as physically and otherwise, it is impossible that the best interest of the child can be
attained without his due consultation. And this best interest of the child is not to be the
primary consideration in some matters but in “every action concerning a child”. Therefore
participatory rights belonging to the child cannot be derogated from at any point in time.
Cooperating with this provision which depicts legislative activism on the part of the
legislature, the court can invoke participatory rights for the best interest of the child where the
provisions in sections 84(3), 101(a), (b) (i) & (ii), (c), (d), (e), (f) and (g), (b)(iii) and section
102(1) CRA, concerning certain matters relating to guardianship or custody of the child, is
brought up in court. This would be judicial activism.

Another area which Michael A. AjaNwachuku,272 sheds more light is in the determination of
the paternity of the child. He celebrated the use of scientific test by the provisions of section
63(1)(a) CRA, which he described as near infallible. However, he recommended that the said
provisions of section 63(1)(a) CRA be amended. The section reads;

270
For a distinction between the two phraseologies, see the United Kingdom case of ZH (Tanzania) v Secretary
of State for the Home Department [2011] UKSC 4.
271
[2011] UKSC 4.
272
AjaNwachuku, M. A. (2015b). “Determination of the Paternity of the Nigerian Child—The Law: Past,
Present and Future”, Research on Humanities and Social Sciences, 5, 181-188. Available at;
https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=0CAMQw7AJ
ahcKEwjY3aO8uMv6AhUAAAAAHQAAAAAQAw&url=https%3A%2F%2Fiiste.org%2FJournals%2Findex.
php%2FRHSS%2Farticle%2FviewFile%2F27819%2F28527&psig=AOvVaw2CkHu_GFBBLArOF66ChaIN&
ust=1665140117531285accessed 6th October, 2022.

70
 (1) In any civil proceeding in which the paternity or maternity of a person falls to be
determined by the Court hearing the proceedings, the Court may, on an application by
a party to the proceedings, give a direction for –

(a) the use of scientific tests, including blood tests and Deoxyribonucleic Acid tests,
to ascertain whether the tests show that a party to the proceedings is or is not the
father or mother of that person: and

He recommended this on the grounds that the granting of the directive for the use of such
scientific test to determine the paternity of a child by the court was not applicable to criminal
trials, not grantable by the court suo motu, not mandatory on the court to grant upon an
application but discretionary, and, that it was not an order but a directive. The pertinence of
these suggestions is obvious; there are still possibilities, such as in criminal proceedings,
where the best interest of the child would be jeopardized as his right to be taken care of by his
parents and to enforce this right in a Family Court would be truncated, as well as his right to
not be separated from his parents as guaranteed under section 14 of the CRA.

3.2.3.3 Other National Legal Regimes in Support of Child's Rights in Nigeria

• National Human Rights Commission Act. This Act empowers the National Human
Rights Commission to ensure the full realization of human rights in Nigeria including
the rights of the child in no small measure, and it notably does not discriminates
between civil, political, social, economic or cultural rights as all rights contained in
the CFRN, the CRC and other international treaties to which Nigeria is a party are
guaranteed and unqualified.273
• Compulsory, Free Universal Basic Education Act, 2004. The provisions of this
Act are similar to the provisions of section 15 of the CRA. It provides for the power
of the Federal Government to intervene in providing for uniform and qualitative basic
education, as it assists the states and local governments, the right of a child to
compulsory, free universal basic education, etc., that Services in public primary and
junior secondary schools are free of charge, the duties of a parent to ensure the
education of his child and that Magistrate courts have jurisdiction over offences
arising under section 2 of the Act. 274

273
See generally National Human Rights Commission Act, sections 5 and 6.
274
See generally, the Compulsory, Free Universal Basic Education Act, sections 1-6.

71
 • Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015. This Act criminalizes child
pornography and other related offences and also genocidal attacks against children
inter alia.275
• Criminal Code Act (CCA). The CCA is applicable to the southern part of Nigeria
and it has provisions protecting children. The age of criminal responsibility as
provided in the CCA is that a child under 7 years does not have the ability to
commit an offence276 and that a child above 7 years however under 12 years can be
criminally chargeable for an offence if it can be proved that he/she is understands the
nature and consequences of the act. 277 Also children above 12 years and under 18
years are chargeable for their criminal act or omission but cannot be prosecuted in
the justice system for adults but in accordance with the Children and Young Persons
Law (CYPL). It is submitted that any disparities in the age of the child provided in the
CYPL with the CRA is subject to section 274 of the CRA. However, as Patricia and
Wigwe submitted, the problem of minimum age of criminal responsibility should
have been provided in the CRA for greater powerful protection of the rights of child
in Nigeria.278
• Penal Code Act (PCA). The PCA applies to all states in northern Nigeria. The PCA
protects the child from the moment of conception because it is a crime to have an
abortion to end the life of an unborn child, 279 as the law recognizes the right of the
unborn child. Parents, guardians or legal guardians of children must provide for the
basic survival, growth and nutritional needs of children under the age of 14. However,
there is no provision in the PCA to punish the Almanjiris system, in which children
roam the streets as beggars to earn a daily living, and no one is responsible for the
failure to provide children in northern Nigeria with basic subsistence necessities. 280

275
See generally, the Cybercrimes (Prohibition, Prevention, Etc) Act, sections 23, 26 and the meaning of
“sexually explicit conduct” in section 58.
276
See generally, CCA, s18.
277
Ibid, s30.
278
G.O Odongo ‘The Impact of International Law on Children’s Rights on Juvenille Justice Reform in the
African Context’ in J.Sloth- Neilsen (ed) Children’s Rights in Africa: A Legal Perspective (2008); cited in
Patricia Imade Gbobo and Professor O.W Igwe, “Child Rights Law And Practice In Nigeria: A Lesson From
South Africa”, UNIZIK, Law Journal 17 (1), 2021, available at;
https://journals.unizik.edu.ng/index.php/ulj/article/view/912 accessed on 5th October, 2022.
279
PCA, s 232.
280
B Owasanoye and A Adekunle, ‘An overview of the Rights of the Child in Nigeria’ in I A Ayua and I E
Okagbue (eds), The Rights of the Child in Nigeria (Lagos: Nigerian Institute of Advanced Legal Studies 1996)
41; cited in Patricia Imade Gbobo and Professor O.W Igwe, “Child Rights Law And Practice In Nigeria: A
Lesson From South Africa”, UNIZIK, Law Journal 17 (1), 2021, available at;
https://journals.unizik.edu.ng/index.php/ulj/article/view/912 accessed on 5th October, 2022.

72
 Islamic teachings encourage the al-Majiris system, which is considered as child labour
and violates the provisions of the CRA and CFRN guaranteeing the right to life and
human dignity.281
• Evidence Act 2011(EA 2011). The EA 2011 protects children from acting as
witnesses.282 However, when a child is competent and able to understand the
questions posed to him or her and provide reasonable answers to those questions, the
child may testify under oath. This provision of the law was legally recognized in
Sambo v the State283 where the child had enough intelligence and intellect to
understand the task he had to perform on the witness stand.
• Trafficking in Persons (Prohibition) Enforcement and Administration Act (TIPPEA
Act)284
• Violence Against Person Prohibition Act 2015 (VAPPA).285

3.3 An Analysis of the Child’s Right Laws of Other Jurisdictions: Governmental

Activism Underscored

Having examined in details the legal framework for the protection of the rights of the child in
Nigeria, a brief look at the jurisdictions of South Africa and Ghana would be instructive; to
help us understand how governmental activism can be utilized for the realization and
protection of child's rights in Nigeria.

3.3.1 South African and Ghanaian Child's Right Laws vs. Nigerian Child's right laws

1. The Constitution of the Republic of South Africa 1996, in its section 28 of the Constitution
specifically recognizes and guarantees a number of rights specific to the child. They include
the right to a name and a nationality from birth; 286 family care or parental care, or appropriate
alternate care when removed from the family environment; 287 basic nutrition, shelter, basic

281
CRA, ss4 and 11, 28-30; CFRN, s34.
282
See generally, EA 2011, s. 175(1).
283
[1993]7 SCNJ (Pt 1) 128. See also Peter v the State (1997) 12 SCNJ 53.
284
See generally the provisions safeguarding the child in its sections 28-31. Also Sections 46 – 47 and 61 – 65
of the TIPPEA Act provide for the protection of the Rights of Victims of Human Trafficking, especially,
children and women.
285
See generally the provisions safeguarding the child in its Sections 1-26 which criminalizes the following
sexual and gender based violence affecting children and women: - rape, female genital mutilation/ female
circumcision, abandonment of children, harmful traditional practices, incest, indecent exposure, etc. Section 38
of the Act provides for the protection of the Rights of Victims of Sexual and gender-based Violence applicable
to victims of human trafficking. However the VAPPA is applicable to the Federal Capital Territory only.
286
The Constitution of the Republic of South Africa 1996, s28(1)(a).
287
Ibid, s28(1) (b).

73
health care services and social services; 288 protection from maltreatment, neglect, abuse or
degradation;289 protection from exploitative labour practices 290 and that the best interest of the
child must dominate every action in any matter concerning the child 291 and the Constitution
defines a child as a person below the age of eighteen years.292

As for the mode of enforcement of the rights, in seeking for redress in court, the principle of
locus standi is flexible that it can be assessed by anyone acting in his or her own interest or
acting on behalf of another person who cannot act in his or her own name (such as a child) or
a group or class of persons, acting in the public Interest can access the court. 293 The age of the
child is expressly provided for as a person less than 18 years.294

2. South Africa also made many more legislations in order to give full effect to the bill of
rights provided under its section 28, specifically for children. This includes the Children's Act
No.38 of 2005, the Social Assistance Act No.13 of 2004, the Child Justice Act No.75 of 2008
and the Maintenance Act No. 99 of 1998. The Children's Act No. 38 of 2005 was enacted in
furtherance of the Constitution and to make improvements on the provisions of the Bill of
rights contained in section 28 of the Constitution. The Act established the Children's Court
for the enforcement and adjudication of issues relating to the rights of children. 295 This is
different from the child justice administration. Hence, any breach or violation of any
provision of the bill of rights is justiciable in the Children's Court. It also declares that the
best interest of the child shall be of paramount consideration in all actions. 296

Child Justice Act No. 75 of 2008 provides for the child criminal justice administration
practice and procedure in South Africa. Its object is, inter alia, to protect children's rights
enshrined in the Constitution, of which fair hearing is included. 297 Notably, the Act sets the
minimum age for the criminal capacity of a child below ten years. 298 There is thus an
irrefutable legal presumption that a child who has not attained the age of ten is incapable of
committing a criminal offence. Also, a child who has attained the age of ten but under

288
Ibid, s28(1) (c).
289
ibid, s28(1) (d).
290
Ibid, s28(1) (e) and (f).
291
ibid, s28(2).
292
Ibid, s28(3).
293
Ibid, s38(a)-(e).
294
Ibid, s28(5).
295
The Children's Act No.38 of 2005, s. 18(2) (a)-(d).
296
The Children's Act No. 38 of 2005, ss29(1)(c) and 7.
297
Child Justice Act No 75 of 2008, s2(a).
298
Ibid, s 7(1).

74
fourteen years is presumed to be incapable of committing am offence unless the state proves
contrary in line with section 11 of the Act. 299 Notably The Act also establishes the Child
Justice Court as the proper forum for the trial of child offender(s).300 The Act also established
a One-Stop Child Justice Centre, designed to promote cooperation between government
departments and non-governmental sector and civil society for the purpose of ensuring an
integrated and holistic approach in the implementation of the Act. 301 This is a vivid example
of all-round or cooperative activism. Every hand is on deck to promote the best interest of the
child.

Social Assistance Act No.13 of 2004 seeks to provide pecuniary support and care to orphans
or children with indigent parents or minor parents. Its object is to provide for administering
social assistance and payment of social grants. Under section 4 of the Act, the Minister of
Social Development is mandated to provide these types of grants: child support grants, care
dependency grant, foster Child grant and disability grant, etc. to assist poor parents and
children.302

The Maintenance Act No. 99 of 1988 which protects the rights of children in South Africa to
be maintained, cared and provided for by their parents, declares the Country's commitment to
give high priority to children's rights, their survival, protection and development. 303 In fact,
the Act applies to any person who has a legal duty to provide for another - in this case,
parents and their children. 304 This is the height of governmental activism – all the organs of
government prioritizing child's rights. Interestingly again, it created and designated every
magistrate's court maintenance Court. 305 The officers here receive complaints on the refusal
or failure of a person to provide for certain dependents. Maintenance investigators are
mandated to investigate the respondents and report to the courts. 306 The Act imposes a duty
on parents to support their children with food, clothing, accommodation, medical care and

299
Child Justice Act No 75 of 2008 s. 7(2).
300
Ibid, s 63(1) and (2).
301
Ibid, s.89.
302
ibid, s. 4(a)-(d).
303
Maintenance Act No.99 of 1998, Preamble.
304
Ibid, s. 2.
305
Ibid, s. 3.
306
Ibid, ss5 and 6

75
education.307 The duty is jointly owned by both parents and it exists whether or not the child
was born in or out of wedlock. 308

Therefore the South African Criminal Justice Administration provides for a separate civil and
criminal jurisdiction to deal with civil and criminal matter involving children for their
protection and for speedy dispensation of justice.

3. Similarly, the Constitution of the Republic of Ghana, 1992, being the supreme law of
Ghana, provides for rights which its citizens are entitled to. Particularly on children’s rights,
Article 28 of the Constitution provides that the Parliament shall enact such laws as are
necessary to ensure that

(a) every child has the right to the same measure of special care, assistance and
maintenance as is necessary for its development from its natural parents, except where
those parents have effectively surrendered their rights and responsibilities in respect
of the child in accordance with law;
(b) every child, whether or not born in wedlock, shall be entitled to reasonable
provision out of the estate of its parents;
(c) parents undertake their natural right and obligation of care, maintenance and
upbringing of their children in co-operation with such institution as Parliament may,
by law, prescribe in such manner that in all cases the interest of the children are
paramount;
(d) children and young persons receive special protection against exposure to physical
and moral hazards; and
(e) the protection and advancement of the family as the unit of society are safeguarded
in promotion of the interest of children.

It further provides that every child has the right to be protected from engaging in work that
constitutes a threat to his health, education or development, 309 a child shall not be subjected
to torture or other cruel, inhuman or degrading treatment or punishment310 and that no child
shall be deprived by any other person of medical treatment, education or any other social or

307
Ibid, s 15(1) (2).
308
Ibid, s 15(3).
309
The Constitution of the Republic of Ghana, 1992, Article 28(2).
310
Ibid, Article 28(3).

76
economic benefit by reason only of religious or other beliefs.311 The age of the child is
expressly provided for as a person less than 18 years.312

4. In Nigeria, the case is not the same. We are still even battling with domestication of the
CRA in the whole of the federation. We do not have many child-specific legislations apart
from the CRA. Also there is only one Court, the family Court for all civil and criminal
matters involving or concerning a child. There is practically no entrenchment of child’s rights
specifically in the constitution, not even in the schedule, save the cursory reference to
education in item 30 part II to the Second Schedule of the CFRN which relates to the
concurrent legislative list. All these are graphic indications of lethargy, passiveness and the
lack of all-round activism needed to bring Nigerian Child's rights protection to limelight.
There is essentially no prioritization of the best interest of the child. There is no good law
regarding the age of the child in the light of section 29(4)(b) of the CFRN. And the CRA has
no provision in its section for Child Justice Administration, for the minimum age of criminal
responsibility of the child. There is no provision, finally for right to birth registration and
nationality in any law in Nigeria.

CHAPTER CONCLUSION

All these international, regional and national legal regimes considered in details point to us
the laudable as well as the defective provisions that have been provided for the realization of
the full rights of the Nigerian Child. While this is the case, some of the defects noted therein
will be the subject of recommendations subsequently in this research. Meanwhile, the
relevancy of these legal provisions would now be demonstrated as the institutional
framework for the realization and enforcement of the rights of the child is considered in the
next chapter. Comparative analysis has been carried out between South Africa, Ghana and
Nigerian jurisdictions. The importance of governmental and all-round activism was
underscored.

311
Ibid, Article 28(4).
312
Ibid, article 28(5).

77
 CHAPTER FOUR:
THE INSTITUTIONAL FRAMEWORK FOR THE RIGHTS OF THE CHILD IN
NIGERIA
4.1 Introduction
Having substantively analysed the legal instruments availing the Nigerian child in the
protection and realisation of his or her rights in the preceding chapter, substantive analysis is
provided in this chapter, as the relevant institutional mechanisms for respecting, protecting,
and fulfilling the rights of the child by Nigeria are examined. One of the things that the
chapter will accomplish therefore is a clear view of all the laudable, as well as unsuitable and
unacceptable legal or illegal practices affecting child’s rights realization and the necessary
implications of negative or positive responses to the continuance or discontinuance of such
legal or illegal practices.

4.2 THE INSTITUTIONAL FRAMEWORK FOR THE RIGHTS OF THE CHILD IN

NIGERIA

The examination of the institutional framework for the protection of the rights of the child in
Nigeria shall be done in the context of the concept of governmental activism. Therefore the
consideration of the institutional framework shall be examined with the idea of elucidating to
each stakeholder or institution what its role is in the realization of the rights of the Nigerian
child. Hence the following institutions in the national, regional and international contexts
shall be examined;

• Judicial Institutions
• Executive Institutions
• Civil Societies and NGOs

The reason for the omission of the legislative institution as it were is that the work of the
institution is what has primarily been considered in the preceding chapter. Thus we consider
these institutions seriatim at the national, regional and international levels.

78
 4.3 AT THE NATIONAL LEVEL
4.3.1 Judicial Institutions at the National Level
4.3.1.1 The National Industrial Court (NIC)

The first place to turn to is the CFRN. Notably according to the CFRN in section 254 C
providing for the jurisdiction of the NIC, it reads;

(1) Notwithstanding the provisions of sections 251, 257, 272 and anything contained
in this Constitution and in addition to such other jurisdiction as may be conferred
upon it by an Act of the National Assembly, the National Industrial Court shall have
and exercise jurisdiction to the exclusion of any other court in civil causes and
matters-

(b) relating to, connected with or arising from... Labour Act...

(d) relating to or connected with any dispute over the interpretation and application of
the provisions of Chapter IV of this Constitution as it relates to any... labour... or any
other matter which the Court has jurisdiction to hear and determine;

(i) connected with or related to child labour, child abuse, human trafficking or any
matter connected therewith or related thereto;

This therefore empowers the NIC to entertain certain matters relating to the child when it
relates to, is connected with or arising from the Labour Act. It also empowers the same court
in matters relating to or connected with any dispute as to the accurate interpretation of the
rights contained in Chapter IV of the CFRN which relates to any labour which a child is
caused to do. And finally the NIC has jurisdiction over matters connected with or related to
child labour, child abuse, human trafficking or any matter connected or related to such
violations.

As to the Labour Act,313 the CRA is very explicit in its section 29 which provides that

“The provisions relating to young persons in sections 58, 59, 60, 61, 62 and 63 of the
Labour Act shall apply to children under this Act.”

313
Nigerian Labour Act Cap L 1 Laws of the Federation 2004.

79
Therefore, any child employed in a job that is unsafe for his/her health or immoral in
nature314 or a job where he will be unable to return home to his parents/guardian on a daily
basis315 can sue the employer(s) in question except there is an approval from an authorized
labour officer or as regards the contract of employment. 316 also, a child below the age of
sixteen (16) can sue any employer who employs him or her in underground work, operate a
machine, in industry or work on public holiday, 317 or employed without express consent of
parents or guardian.318 And all such action may be brought to the NIC for adjudication.

In the same vein, criminal proceedings may also be instituted pursuant to the Trafficking in
Persons (Prohibition) Enforcement and Administration Act (TIPPEA Act). Therefore, by
virtue of section 30(1) (b) of the CRA and Sections 30 and 31 of the TIPPEA Act criminal
proceedings may be instituted by the National Agency for the Prohibition of Trafficking in
Persons and other Related Matters (NAPTIP) against persons aiding or abetting, facilitating
or promoting in anyway the trafficking of any person (women or children) and secure the
liability of such offender on conviction to a fine of N200,000 and forfeiture of passport. And
also, against a corporate body found guilty of and convicted for an offence of trafficking or
aiding in trafficking, which makes such a corporate body liable to a fine of 2,000,000 (Two
million) naira only, forfeiture of assets and closure of the body corporate. 319 Further, a
criminal proceeding may be instituted against a commercial carrier who carries any person in
violation of the Act commits an offence and is liable to 2 years imprisonment or a fine of
Two million naira.320 Therefore, Professor Chioma Agomo has already opined that 321
agencies like NAPTIP and Non- Governmental Organisations (NGOs) in the relevant field
should be able to access the NIC to get justice for the individual child victims of human
trafficking.

314
Ibid. s59(6).
315
Ibid. s59(4).
316
Ibid, s59(3).
317
Ibid, s59(5).
318
Ibid, s59(8).
319
TIPPEA Act 2015, s28.
320
Ibid, s29.
321
Professor Chioma Kanu Agomo, ‘The menace of human trafficking, child labour and the enlarged
jurisdiction of the National Industrial Court’, a lecture delivered at 16th Memorial lecture of late Chief Gabriel
Oluyide Sodipo at the Lagos high court, Igbosere 2016; in Godwin Dunia, “Exigency of enlarged jurisdiction
for National Industrial Court over human trafficking, others”, The Guardian Nigeria News, 29 November 2016
https://guardian.ng/features/law/exigency-of-enlarged-jurisdiction-for-national-industrial-court-over-human-
trafficking-others/ accessed 6th February, 2023.

80
However, it is important at this juncture to caution ourselves that only matters relating to
child labour, abuse and trafficking and not mere kidnap is contemplated within section 254 C
of the CFRN above. A criminal charge for the offence of kidnap under provisions such as
section 19 (a) of the TIPPEA Act therefore would not come within the jurisdiction of the NIC
as held in Attorney General of the Federation v Ubah Joy Chioma. 322

Finally however, it is the humble submission of the researcher that actions can now be
brought or criminal proceeding instituted on behalf of children subjected under the al-Majiris
system, which is considered as child labour and violates the provisions of the CRA and
CFRN guaranteeing the right to life and human dignity.323

4.3.1.2 The Family Court

The CRA establishes the Family Court and it is established for the purposes of hearing and
determining matters relating to children. In the CRA it is referred to as the Court. 324 By
virtue of section 151 of the CRA, subject to other provisions of the CRA, and in addition to
such other jurisdiction as may be conferred on it by any other law, the Family Court has
unlimited jurisdiction to adjudicate on any civil proceeding where the existence or extent of a
legal right, power, duty, liability, privilege, interest, obligation or claim pertaining to a child
is in issue; and any criminal proceeding where any penalty, forfeiture, punishment or other
liability for an offence committed by a child, against a child or against the interest of a child
is in issue.325 The Family Court operates at two levels; 326 one as a Division of the High Court
at the High Court level: and the other as a Magistrate Court, at the Magistrate level. Therefore
criminal or civil proceedings could originate from, or be heard on appeal in the family Court
(the latter being at the High Court level). 327

It is noticeable at once that there are more than one national courts seized with jurisdiction to
entertain child’s rights and matters. Hence, Godwin Dunia reports that Michael Ogunjobi
observes that a holistic examination of the provisions of Section 254 C (1)(i)C.F.R.N (Third
Alteration Act) 2010, Section 36 of TIPPEA ACT, 2015 and Section 277 of the CRA

322
Attorney General of the Federation v Ubah Joy Chioma (unreported case) Suit No. NICN/OW/04/2015 per
Hon. Justice O. Y. Anuwe. https://nicn.gov.ng/view-judgment/979 accessed 6th February, 2023. Here the court
differentiated trafficking which usually involves sale of the victim (child) for illegal purposes from mere kidnap.
323
CRA, ss4 and 11, 28-30; CFRN, s34.
324
CRA, s149.
325
CRA, s151(1).
326
CRA, s150.
327
Ibid, s151(2).

81
confirms that these provisions vests jurisdiction as it concerns the theme of this discourse (I.e.
the theme of child trafficking inter alia) on different Courts. 328 However, the focus of this
paper is not on conflicts of jurisdiction. Suffice it to be stated that the Family Courts are more
suitable for child related issues than the NIC although going by constitutional supremacy, the
NIC takes precedence. 329 However, a proper construction of section 162(2) of the CRA
reveals that there needs not be any conflict as to which court has jurisdiction.

Further examinations of the Family Court shall be done via two lenses, viz;

(a) Civil or criminal proceeding for protection of rights or interest of a child; and
(b) Nigeria Child Justice Administration/System

Civil or Criminal Proceeding for the Protection of Rights or Interest of a Child

For the protection of the right(s) or interest(s) of the child in civil or criminal proceedings, the
following mechanism is put in place under the CRA.

1. The CRA provides for the right of a child to counsel, which includes the right to be
represented by a legal practitioner and to free legal aid in the hearing and determination of
any matter concerning the child in the Family Court. 330

2. The proceedings in the Family Court 331. hinges generally upon the twin principles of the
best interest of the child332 and the right to participation of the child. Hence the CRA provides
that such proceedings shall be conducive to the best interest of the child and shall be
conducted in atmosphere of understanding; allowing the child to express himself and
participate in the proceedings.333

3. The FC is required, in any matter relating to or affecting a child or a family and at all
stages of any proceedings before it

328
Godwin Dunia, “Exigency of enlarged jurisdiction for National Industrial Court over human trafficking,
others”, The Guardian Nigeria News, 29 November 2016 https://guardian.ng/features/law/exigency-of-enlarged-
jurisdiction-for-national-industrial-court-over-human-trafficking-others/ accessed 6th February, 2023.
329
It is the respectful view of this writer that neither of all these courts can be disqualified on grounds of
jurisdiction from hearing of a matter pertaining to a child.
330
CRA, s155.
331
Hereafter referred to as the FC.
332
See CRA, s1.
333
Ibid, s158.

82
(a) to be guided by the principle of conciliation of the parties involved or likely to be
affected by the result of the proceedings, including‐ .
(i) the child,
(ii) the parents or guardian of the child, and
(iii) any other person having parental or other responsibility for the child; and
(b) to encourage and facilitate the settlement of the matter before it in an amicable
manner.334

4. While the FC at the High Court level consists of High Court Judges, and assessors who are
officers not below the rank of Chief Child Development Officers, in such number as shall
enable the Court to effectively perform its functions under the CRA,335 at the Magistrate
Court level the FC consists of such number of Chief Magistrates, and assessors, who are
officers not below the rank of Senior Child Development Officer, as shall enable the FC to
effectively perform its functions under the CRA.336

5. Appointments of such members of the FC at both the High Court level and Magistrate
Court level are made by the Chief Judge of the given High Court.337

6. As to the constitution of the FC at a hearing, at the High Court level the FC shall be duly
constituted where there is a Judge and two assessors, one of whom has attributes of dealing
with children and matters relating to children preferably in the area of child psychology
education.338 While at the Magistrate Court level the FC is duly constituted where there is a
(Chief) Magistrate and two assessors, one of whom shall be a woman and the other person
who has attributes of dealing with children and matters relating to children, preferably in the
area of child psychology education. 339

7. The powers of the FC at the High Court level includes power to

(a) deal with all matters relating to the enforcement of the rights of the child as contained in
the CRA on the application for redress by a child who alleges that a right has been, is being,
or is likely to be infringed in respect of him;

334
CRA, s151(3).
335
Ibid, s152(1).
336
Ibid, s153(1).
337
Ibid, s152(2) and s153(2).
338
Ibid, s152(3).
339
Ibid, s153(3).

83
(b) deal with all offences punishable with
(i) death, or
(ii) terms of imprisonment for a term of ten years and above;
(c) deal with other matters relating to a child where the claim involves an amount of fifty
thousand Naira and above;
(d) deal with divorce and custody of the child; and
340
(e) hear appeals from the Court at the Magisterial level. At the Magisterial level the FC
has power to try offences and deal with all matters not specifically assigned to the Court at
the High Court level under Section l52 of the CRA.341

8. The decisions of the FC on any matter at the High Court level can be appealed against at
the Court of Appeal in the same way judgments of a High Court are appealed against at the
Appeal Court.342 In the same manner the decisions of the FC on any matter at the Magistrate
Court level can be appealed against at the FC at a State High Court level in the same way
judgments of a Magistrate Court are appealed against at the given state High Court. 343

9. The CRA also provides for training and professionalization of the personnel of the FC
which includes professional education, in‐service training, refresher courses and other modes
of instruction having contents which reflect the diversity of the children who come into
contact with and the diversity and complexity of matter dealt with by the FC. This will
promote and enhance the necessary professional competence they require. 344 Also the
constitution of a Court handling a matter concerning a child, shall be done in the light of the
circumstances and the needs of the child, particularly the age, sex, religion or other special
characteristics of the child. This will make sure the right or well-fitted personnel constitute
the court in every proceeding. 345

10. Section 156 excludes any person other than; (a) the members and officers of the FC; (b)
the parties to the case, their solicitors and counsel; (c) parents or guardian of the child; and

340
Ibid, s152(4).
341
Ibid, s153(4).
342
Ibid, s152(5).
343
Ibid, s153(5).
344
Ibid, s154(1-2).
345
Ibid, s154(3).

84
(d) other persons directly concerned in the case, from attending the FC. Also, member of
the press are excluded.346

11. Section 157 of the CRA prohibits publication of the name, address, school, photograph,
or anything likely to lead to the identification of a child whose matter is before the FC except
to the extent required by the provisions of the CRA. Liability for contravening this section is
a fine of fifty thousand naira or imprisonment for a term of five years, or to both such fine
and imprisonment.

12. By virtue of section 159 of the CRA, the FC can order for the attendance of the parents,
guardians or child concerned at a hearing in the FC in which an order has been applied for to
be made, to attend such stage or stages of the proceeding as may be specified in the order.
And when such order is made but not complied with or there is reasonable cause to believe it
will not be complied with the FC by an order may authorise a police officer or person
specified in the order or any one in position to bring the child to the FC to
(i) take charge of the child and to bring him to the Court, and
(ii) enter and search any premises specified in the order if he has reasonable cause to
believe that the child may be found on the premises.
Also the FC may order a person whom it has reason to believe has information about the
whereabouts of child, to disclose such information to the FC. A person who refuses to
comply with an order made under this section commits an offence and is liable on conviction
to a fine not exceeding fifteen thousand naira or to imprisonment for a term not exceeding
eighteen months or to both such fine and imprisonment.

13. In civil or criminal proceedings, the evidence of a child may be given unsworn. Also a
deposition of a child’s sworn evidence shall be taken for the purposes of any proceedings,
whether civil or criminal, as if that evidence had been given on oath. 347

14. The Chief Justice of Nigeria may make rules for procedures, fees, etc. Also the provisions
of any written law relating to the practice and procedure in Magistrate Courts or High
Courts, as the case may be, not inconsistent with the provisions of the CRA shall be
applicable to proceedings in the FC. 348

346
Ibid, s156.
347
Ibid, s160.
348
Ibid, s161.

85
15. The exclusive jurisdiction of the FC is stated in section 162 (1) of the CRA. However,
adult offenders may be tried in other courts such as the NIC, the High Courts of a state etc.
depending on the court having jurisdiction to try cases or offences by adult offenders as
specified in Part III of the CRA or any other law.349

Nigeria Child Justice Administration/System

Part XX (sections 204 -238) of the CRA has provided for Child Justice Administration,
which now replaces the Juvenile Justice Administration, which has been in force for several
decades in Nigeria. These provisions prohibit the subjection of any child to the criminal
justice process,350 and guarantees the due process to any child subjected to the Child Justice
system under the CRA at all stages of investigation, adjudication, and disposition of the
child.351 According to David Anifowose,352 due to the global escalation in child delinquency
and the absence of specific provisions relating to children in conflict with the law or “in need
of care and protection” in the CFRN, the concept of Child justice administration in Nigeria
was formalized with the enactment of the Children and Juvenile Acts Act (CYPA) 353 and
later the CRA. Section 452(1) of the Criminal Justice Administration Act
(ACJA) provides that when a child is suspected of committing a crime, the provisions of the
CRA apply. Accordingly, the CRA remains an important tool in the administration
of child justice in Nigeria.

The term “child” has also been defined in various international and regional instruments to
which Nigeria is a signatory. For example, the United Nations (UN) Standard Minimum
Rules for the administration of juvenile justice (Beijing Rules)354 define a “juvenile” as a
"child or young person, who according to the respective legal system, may be dealt with for
an offense in a manner which is different from an adult".

349
Ibid, s162.
350
Ibid, s204.
351
Prof. Muhammed Tawfiq Ladan, "An Overview Of The Child Rights Act, 2003", a paper presented at the
All Nigeria Judges’ Conference Of The Superior Courts, Organized By The National Judicial Institute on the
15th–19th November, 2021. https://nji.gov.ng/wp-content/uploads/2021/12/AN-OVERVIEW-OF-THE-CHILD-
RIGHTS-ACT-2003-BY-PROF.-LADAN.pdf accessed on 6th February, 2023. See generally also, CRA, s214.
352
David Iyanuoluwa Anifowose, "Sylvester Oromoni's Case; the Admissibility of a Dying Declaration of a
Child, and other Matters Arising",
https://www.researchgate.net/publication/358132536_SYLVESTER_OROMONI'S_CASE_THE_ADMISIILIT
Y_OF_A_DYING_DECLARATION_OF_A_CHILD_AND_OTHER_MATTERS_ARISING_1 accessed 6th
February, 2023.
353
Children and Young Persons Act Cap 32, Laws of the Federation of Nigeria and Lagos, 1958.
354
See Rule 2.2(a) Beijing Rules http://www.un.org/documents/ga/res/40/a/40r033.htm accessed 06 February,
2023.

86
Moving on, he noted that the CRA requires the replacement of the word “juvenile” in CYPA
with the word “child offender”;355 “juvenile court” in the CYPA with "Family Court” 356 in
the CRA; and “juvenile justice administration” with “child justice administration”357 in the
CRA.

Other changes include the replacement of the word “detention” in the CYPA with
“custody”358 in the CRA “approved schools” in the CYPA with “children residential and
children correctional Centers”359 in the CRA; and “probation and probation officers” in the
CYPA with “child care, guidance and supervision”360 in the CRA. Further, he noted that upon
suspicion that a child has committed an offence; an arrest can be made by the police or a
petition by social workers. Also, before the start of an interview or interrogation, the parent or
guardian and the child are provided with a copy of the written allegation against the child and
are adequately informed about the child's constitutional rights, including the right to remain
silent,361 the police have the right in the child justice system to release a child suspect to his
or her parents or guardian in bond, unless the charge is one of murder or manslaughter or
some other serious crime. 362 Also in line with the provisions of Section 222 of the CRA, child
offenders could be detained by the Police in cases of capital offence like the offence of
Manslaughter.

Finally, he observes that in the determination of any case before it the FC must note that by
virtue of Section 221 of the CRA no child shall be ordered to be:

(a) imprisoned; or
(b) subjected to corporal punishment; or
(c) subjected to the death penalty or have the death penalty recorded against him.

And, where a child is found to have attempted to commit treason, murder, robbery or
manslaughter, or wounded another person with intent to do grievous harm, the FC may order
the child to be detained for such period as may be specified in the order. Where an order is

355
CRA, s213.
24Section 222 Child Rights Act 2003.
356
CRA, s149.
357
CRA, Part XX.
358
CRA, s223(1)(f).
359
CRA, s248.
360
CRA, Part XXI.
361
CRA, 211 provides that it is the responsibility of the police to inform the parents or guardian of the
apprehended child as soon as practicable.
362
CRA, s222.

87
made under the foregoing provisions, the child shall, during that period, be liable to be
detained in such place and on such conditions as the FC may direct, and the child whilst so
detained shall be deemed to be in legal custody. 363 The CRA also prohibits the use of
institutionalisation for children, pregnant and expectant mothers.364

Finally, note that the guiding principle in adjudication as provided in section 215 of the CRA
includes inter alia, the best interest of the child, the child's right to participation and
proportionality of the FC's reaction, as well as the welfare of the child.

4.3.2 The Executive Institutions at the National Level

4.3.2.1 The National Human Rights Commission (NHRC)

As earlier stated in the previous chapter, this is the body that is saddled with the
responsibility of ensuring the full realization of human rights in Nigeria including the rights
of the child in no small measure, and it notably does not discriminates between civil,
political, social, economic or cultural rights as all rights contained in the CFRN, the CRC and
other international treaties to which Nigeria is a party are guaranteed and unqualified. 365 The
National Human Right Commission Act (NHRC Act)366 empowers the NHRC to

i. deal with all matters relating to the promotion and protection of human rights
guaranteed by the CFRN, the United Nations Charter and the UDHR, the ICCPR... the
ICESCR... the CRC, the Banjul Charter and other international and regional
instruments on human rights to which Nigeria is a party. The inclusion of CRC and by
implication, the Children Charter reveals that the Commission will be of help to the
children.
ii. monitor and investigate all alleged cases of human rights violations in Nigeria and
make appropriate recommendations to the Federal Government for the prosecution
and such other actions as it may deem expedient in each circumstance;
iii. assist victims of human rights violations and seek appropriate redress and remedies on
their behalf;

363
Id.
364
Ibid, s221.
365
See generally National Human Rights Commission Act, sections 5 and 6.
366
See generally National Human Rights Commission Act, sections 5 and 6.

88
 iv. refer any matter of human rights violation requiring prosecution to the Attorney-
General of the Federation or of a State, as the case may be;
v. where it considers it appropriate to do so, act as a conciliator between parties to a
complaint;
vi. where it considers it appropriate, with the leave of the court hearing the proceedings
and subject to any condition imposed by the court, intervene in any proceeding that
involves human right issues; and carry out all such other functions as are necessary or
expedient for the performance of these functions under the Act.
vii. institute any civil action on any matter it deems fit in relation to the exercise of its
functions under this Act;
viii. make determination as to the damages or compensation payable in relation to any
violation of human rights where it deems this necessary in the circumstances of the
case;
ix. co-operate with and consult with other agencies and organizations, governmental and
non-governmental, as it may deem appropriate.

Amalu and Adetu observed that 367 in Nigeria, the NHRC was established in 1995 as the
highest national human rights body. Highlighting the roles of the NHRC, they noted that they
perform the following roles in post conflict situations in Nigeria;

✓ Advocacy for Human Rights for Affected people and Vulnerable Groups (such as
women and children, prisoners and internally displaced persons-IDPs).
✓ Criticism of Government and Others who have Committed Human Rights Violations
✓ Investigation of Post conflict Human Rights Abuses

They noted that the NHRC has recorded about one million cases of human rights
violations in the Nigeria between 2017 and 2018, of which were credited to the spate
of conflict in the country, which include the Boko Haram and Farmers/Herders
conflict in some parts of the Nigeria. 368

✓ Establishment of Dialogue and Ensure Human Rights-Centered Negotiations

367
Amalu, Nneka Sophie and Adetu, Moyosore Odusola, "The Role of the National Human Rights Commission
(NHRC) in Post Conflict Situations in Nigeria", International Journal of Arts and Humanities (IJAH) Ethiopia
Vol. 8 (1), S/No 28,2019: 132-142 http://dx.doi.org/10.4314/ijah.v8i1.12 accessed 7th February, 2023.
368
id.

89
 They observed that according to the UN Human Rights Council Progress Report, 369
“establishing dialogue with parties to a conflict is part of reconciliation and peace-
making process. Representatives of the most vulnerable groups and affected people
should be involved in those dialogues”. Therefore, one role of the NHRC in post
conflict situations also includes encouraging dialogue between and with conflicting
parties aiming to ensure the promotion, protection and respect of human rights of the
affected people especially vulnerable and marginalized groups and monitor their
implementation. Also, outcomes of negotiations must be just and fair and the NHRC
as a third party must be impartial, honest and transparent.370

✓ Collaboration and Partnership for Effective Post Conflict Performance Managing

The NHRC collaborates with Non-Governmental Organisations (NGOs), Civil

Society Organisations, Faith-Based Organisation, other human rights agencies (e.g.
Public Complaint Commission) regional and international organisations and also
representatives of conflict parties. For instance, the NHRC in collaboration with the
United Nations High Commission for Refugees (UNHCR) has moved to protect the
human rights of IDPs in north East region.371

✓ Evaluation of Government’s Post Conflict Actions and Policies

✓ Obtainment of Justice and Reparation for Victims of Conflict

The UN HRC Progress Report372 stated that: After conflict, it is extremely important
to develop a transitional justice strategy including reconciliation and reparation
mechanisms. A transitional justice strategy is a set of rule, public policies, and
institutions that are used at bringing conflicts to an end and at the same time ensuring
the rights of victims to truth, justice and reparation. 373 Accordingly, the NHRC must
ensure that a transitional justice strategy is put in place for affected people of the
conflict.

369
United Nations Human Rights Council Progress Report (2014). Progress report on the research-based report
of the Human Rights Council Advisory Committee on best practices and main challenges in the promotion and
protection of human rights in post-disaster and post-conflict situations. (27th session, Agenda item 3and 5).
370
Amalu, Nneka Sophie and Adetu, Moyosore Odusola, "The Role of the National Human Rights Commission
(NHRC) in Post Conflict Situations in Nigeria", International Journal of Arts and Humanities (IJAH) Ethiopia
Vol. 8 (1), S/No 28,2019: 132-142 http://dx.doi.org/10.4314/ijah.v8i1.12 accessed 7th February, 2023..
371
Ibid.
372
Ibid
373
Ibid.

90
 ✓ Organisation of Local and International Conferences on Post Conflict Human Rights
Protection
✓ Inspection and Decongestion of Prisons after Conflict

As for challenges of the NHRC in post conflict situations, the following have been noted;

1. Inadequate Funds Inadequate funds by the Commission often frustrates its desire to
effectively carry out investigations, wider campaigns and advocacy programmes, provide
legal aids for victims as well as other activities.374

2. Inadequate Skilled and Trained Personnel for Post Conflict Situations

3. Lack of Autonomy375

4. Lack of Accurate and Updated data on Victims of Conflict especially Vulnerable Groups

5. Poor Staff Welfare

6. Lack of Support by International Bodies and National Authorities for Effective

Performance

4.3.2.2 National Agency for the Prohibition of Trafficking in Persons and other Related
Matters (NAPTIP)

Section 2 of the TIPPEA Act establishes the NAPTIP. It has the responsibility of enforcing
and administering the provisions of the TIPPEA Act and all other Laws on Trafficking in
Persons and related offences. It also investigate all cases of trafficking in persons
including forced labour, child labour, forced prostitution, exploitative labour and
other forms of exploitation, slavery and slavery-activities, bonded labour, removal of
organs, illegal smuggling of migrants, sale and purchase persons. It also encourages and
facilitates the availability and participation of persons who voluntarily, consent to assist in
investigations or proceedings relating to trafficking in persons and related offences; and

374
Ameh Ochojila and Silver Nwokoro, 'Stakeholders examine National Human Rights Commission’s struggles
on its mandate', 13 July 2021 https://guardian.ng/features/law/stakeholders-examine-national-human-rights-
commissions-struggles-on-its-mandate/ accessed 7th February, 2023.
375
Ameh Ochojila and Silver Nwokoro, 'Stakeholders examine National Human Rights Commission’s struggles
on its mandate', 13 July 2021 https://guardian.ng/features/law/stakeholders-examine-national-human-rights-
commissions-struggles-on-its-mandate/ accessed 7th February, 2023.

91
creates public enlightenment and awareness through seminars, workshops, publications, radio
and television programmes and other means aimed at educating the public on the
dangers of trafficking in persons. It has power to investigate whether any person, body or
entity has committed an offence under the TIPPEA Act or the offence of trafficking under
any other law; to enter into any premises, property or conveyance for the purpose of
conducting searches in furtherance of its functions under the TIPPEA Act or under any other
law; to arrest, detain and prosecute offenders under the TIPPEA Act or any other law
on trafficking in persons Nigeria, etc. 376

The NAPTIP also monitors child trafficking units present in Nigerian Police Force, Nigerian
Immigration Services and the Nigerian Customs Services. NAPTIP has been in the fore front
in the fight against child trafficking in Nigeria; a lot of children have been rescued from their
abductors and re united with their families. 377

4.3.2.3 The National, State and Local Government Child Rights Implementation
Committees (the NCRIC, the SCRIC and the LCRIC respectively)

The CRA in its PART XXIII provides for The National, State and Local Government Child
Rights Implementation Committees. The NCRIC is provided for in sections 260-263 of the
CRA. The SCRIC is provided for in sections 264-267 of the CRA. While the LCRIC is
provided for in sections 268 - 271 of the CRA.

The composition of the NCRIC, the SCRIC and the LCRIC are very much akin to one
another, except that the differences reflect the disparities between the levels at which they are
to carry out their functions. Hence under the CRA the following persons or persons usually
occupying such levels either at the national, state or local plains;

(a) the Permanent Secretary of the Federal Ministry of Women Affairs and Youth
Development, as Chairman;

(b) one person to represent each of the following Federal Ministries and Governmental
Bodies.

376
See generally, TIPPEA Act, ss5 and 6.
377
Patricia Imade Gbobo and Professor O.W Igwe, “Child Rights Law And Practice In Nigeria: A Lesson From
South Africa”, UNIZIK, Law Journal 17 (1), 2021, available at;
https://journals.unizik.edu.ng/index.php/ulj/article/view/912 accessed on 5th October, 2022.

92
(i) Women Affairs and Youth Development;
(ii) Education;
(iii) Information and National Orientation;
(iv) Health;
(v) Justice;
(vi) Labour and Productivity;
(vii) Foreign Affairs;
(viii) National Planning Commission;
(ix) Nigerian Law Reform Commission;
(x) Nigeria Police Force;
(xi) Nigeria Prisons Service;
(xii) Nigerian Immigration Service;
(xiii) National Broadcasting Commission;
(xiv) News Agency of Nigeria;
(c) two persons to represent Non‐Governmental Organisations concerned with the rights
and welfare of children;
(d) three persons to represent the broad spectrum of the relevant disciplines in the academic
institutions; and some others also specified in the CRA.
All these representations make the NCRIC, SCRIC or LCRIC, as the case may be, fully and
comprehensively manned to address the multifaceted aspects of child's rights at these three
levels.

Also their functions are similar and are as follows- To, inter alia,

(a) initiate actions that shall ensure the observance and popularisation of the rights and
welfare of a child as provided for in -

(i) the CRA; (ii) the United Nations Convention on the Rights of the Child; (iii) the
Organisation of African Unity Charter on the Rights and Welfare of the child; (iv) the
Declaration of the World Summit for Children; (v) the Dakar Consensus on National
Programme of Action; (vi) such other international Convention, Charters and Declarations
relating to children to which Nigeria is or becomes a signatory;

(b) continually keep under review, the state of implementation of the rights of a child;

93
(c) develop and recommend to the Federal Government and to the State and Local
Government, through their respective State and Local Government Committees, specific
programmes and projects that shall enhance the implementation of the rights of a child; (d)
collect and document information on all matters relating to the rights and welfare of a child;

(d) organise meetings; conferences symposia and other enlightenment for a on the rights and
welfare of a child;

(e) prepare and submit periodic reports on the state of implementation of rights of the child
for submission to the Federal Government, African Union and the United Nations;

Each of them at their respective levels has their Secretariat.

Uchenna Emelonye observed that despite the laudable and crucial roles of the child rights
implementation committees created under the CRA, these committees envisaged at the
national, state and local government levels have not, except for Lagos State, been established
eleven years after the entry into force of the CRA. 378 She opined that this indicates a setback
to the enjoyment of child rights in general and child justice in particular. It could be deduced
rationally that the reason for the non-establishment of the CRICs and other structural enablers
envisaged under the CRA is that child rights in general and particularly the proportionate and
the best interests treatment of children in conflict with the law clearly do not enjoy financial
priority by most states of the federations. In the face of this problem, the author noted that
there would be the non-existent of jurisprudence akin to those developed by the committee on
the implementation of the CRC and the committee on the implementation of the ACRWC
with regard to the CRA in Nigeria. 379 Further, she noted that the absence of the CRIC
established to monitor the execution of the CRA accounts inter alia for the lacklustre
treatment of children in conflict with the law. Other than legislative paper work, the
pragmatic realization of the goals of child justice administration depends in part on the
establishment of the CRIC to monitor and supervise the implementation of the CRA, as
otherwise the protective shields of the twin pillars of child justice (best interest of the child

378
Uchenna Emelonye, "Proportionality and Best Interests: Calibrating the Twin Pillars of Child Justice in
Nigeria", Doctoral Thesis presented for public examination by due permission of the Faculty of Law University
of Helsinki in Porthania Hall IV on 28 day of November 2014,
https://helda.helsinki.fi/bitstream/handle/10138/136100/proporti.pdf?sequence=1&isAllowed=y accessed on
7th February, 2023.
379
UN Committee on the Rights of the Child (CRC), CRC General Comment No. 10 (2007): Children's Rights
in Juvenile Justice, 25 April 2007, 147.

94
and proportionality principle) would not be extended to children in conflict with the law in
Nigeria.380

4.4. THE JUDICIAL AND EXECUTIVE INSTITUTIONS AT THE REGIONAL

INTERNATIONAL LEVELS

The National Commissions for the United Nations Educational, Scientific and Cultural
Organization (UNESCO) of France and Germany, in their publication titled, “Claiming
Human Rights: Guide to International Procedures Available in Cases of Human Rights
Violations in Africa”,381 reiterated the fact that Nigeria has ratified many UN Human Rights
Conventions and thus has made binding international commitments to adhere to the standards
laid down in these universal human rights documents (for instance, the ICCPR was ratified in
1993, ICESCR in 1993, the International Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT) ratified in 2001, CRC ratified in
1991, the International Convention on the Rights of Persons with Disabilities (ICRPD)
signed in 2007 and ratified in 2010, the Banjul Charter ratified in 1983. Nigeria also ratified
the Protocol African Court in 2004, ratified Children's Charter in 2001, ratified Maputo
Protocol in 2004, has joined the International Criminal Court (ICJ) and has a National Human
Rights Institute). Nigeria is also a member of the regional economic communities the
Economic Community of West African States (ECOWAS) and The Community of Sahel-
Saharan States (CEN-SAD).

They noted that so far as Nigeria has ratified the Optional Protocols for UN Human Rights
Conventions or has accepted the Competence of the corresponding UN Treaty Bodies, the
inhabitants of Nigeria and their representatives can invoke their human rights through these
bodies.382 The relevant bodies to child's rights would briefly be considered one by one. But
first, we begin from the regional level.

380
Id.
381
National Commissions for UNESCO of France and Germany, “Claiming Human Rights: Guide to
International Procedures Available in cases of Human Rights Violations in Africa”
http://www.claiminghumanrights.org/nigeria.html accessed on the 7th February, 2023.
382
Ibid.

95
4.4.1 The African Commission on Human and Peoples’ Rights.

The African Commission on Human and Peoples’ Rights (ACHPR) has been established
through Article 30 (and subsequent Articles) of the Banjul Charter. It comprises of 11
members elected by the contracting states of the Banjul Charter and is assigned “to promote
human and peoples’ rights and ensure their protection in Africa”. It interprets the Banjul
Charter and considers individual complaints of Banjul Charter violations. The ACHPR is
based in Banjul, Gambia. It meets twice a year, usually in March or April and in October or
November.

The ACHPR has three human rights monitoring procedures: 383

State reporting procedure (submitting of periodic report by States to the ACPHR every two
years as a system of human rights accountability).

Inter-state complaint procedures

More like a state reporting to the commission the human right violations committed by
another state. This procedure may be seen as an indirect means of appeal for individuals and
NGOs, through other state parties.

The individual complaints procedure

Anyone can bring a complaint to the Commission alleging that a state party to the Banjul
Charter has violated one or more of the rights contained therein. Since Nigeria is an AU
member, its citizens and NGOs may file complaints to the ACHPR. 384 However, it must be
noted, that on the authorities of Academic Staff of Nigerian Universities v Nigeria,385 and
Bamidele Aturu v Nigeria,386 the ACHPR, in accordance with the provisions of Article 56 of
the Banjul Charter, will consider a communication inadmissible where local remedies have
not been exhausted. Also, under Article 55 (2) of the Banjul Charter, where the demand is

383
National Commissions for UNESCO of France and Germany, “African Human Right Commission”,
http://www.claiminghumanrights.org/au_commission.html?&L=pomrgrkverp accessed on the 8th February,
2023.
384
For further details on the procedures for filing a complaint to the ACHPR, see National Commissions for
UNESCO of France and Germany, “Conceivable Action”,
http://www.claiminghumanrights.org/au_commission_actions.html accessed on the 8th February, 2023.
385
ACHPR, Comm. No. 107/93 (1993). See http://hrlibrary.umn.edu/africa/comcases/107-93.html accessed 8th
February, 2023.
386
ACHPR, Comm. No. 72/92 (1994). See http://hrlibrary.umn.edu/africa/comcases/72-92.html accessed 8th
February, 2023.

96
incoherent it will be inadmissible as held in the case of Bariga v. Nigeria,387 while
communication under an inaccurate provision would also be held inadmissible as in the case
of Civil Liberties Organization v Nigeria.388

The case of SERAC v. Nigeria 389 is an example of a successful claim before the ACHPR.
The right of the child was also captured in the case. The ACHPR held that Nigeria violated
Articles 4, 14, 16, 18, and 24 of the Banjul Charter which recognize the African peoples' right
to life, right to property, right to physical and mental health, right to family and for women
and children to be free of discrimination, and right to a satisfactory environment for
development, respectively. This Nigeria did by condoning and facilitating environmentally
degrading and polluting practices of oil companies in traditional Ogoniland, through military
force. The ACHPR urged the Nigerian government to stop military attacks on Ogoni
communities, provide access to the territory, conduct an investigation into the human rights
violations found by the Commission, provide compensation to the victims of these violations,
etc. In the abstract to this research contained in chapter one, reference was made to the fact
that Multinationals go on with oil drilling for instance, in the Niger Delta, drilling deep holes
of despair into the lives of the children living in those areas as the right to life, healthy
environment and other fundamental rights are trampled relatively scot-freely, However this is
a case where there appears to be a remedy.

Nonetheless, one major drawback of the ACHPR decisions are that they are not legally
binding on state parties in a case. This would need to be remedied. So that it would not be a
mere facade and mirage to expect justice after investing considerable time seeking redress
before it.

387
ACHPR, Comm. No. 57/91 (1994). See http://hrlibrary.umn.edu/africa/comcases/57-91.html accessed on the
8th February, 2023.
388
ACHPR, Comm. No. 67/92 (1994). See http://hrlibrary.umn.edu/africa/comcases/67-91. ml accessed on the
8th February, 2023.
389
Decision, Comm. 155/96 (ACmHPR, Oct. 27, 2001). See also Documents of the African Commission on
Human and Peoples’ Rights, Vol. 2, at 333 (Malcolm D. Evans & Rachel Murray eds., 2009); (2001) AHRLR
60 (ACHPR 2001). See http://www.worldcourts.com/achpr/eng/decisions/2001.10.27_SERAC_v_Nigeria.htm.
accessed on the 8th February, 2023.

97
4.4.2 The African Committee of Experts on the Rights and Welfare of the Child
(ACERWC)

In July 2001, the ACERWC was formed to promote and protect the rights established by the
Children's Charter, to implement these rights in practice, and to interpret the dispositions of
the Children's Charter as required by party states, AU institutions, or all other institutions
recognized by AU or by a member state. 390 The Committee comprises 11 members and meets
twice each year, usually in May and November in Addis Ababa, Ethiopia. The Committee
reports to the Assembly of Heads of State and the African Union every two years.

Countries which have ratified the Children’s Charter are required to submit initial reports
within two years of ratification of the Charter to the ACERWC, and every three years
thereafter. It is noted that till date, the fulfilment of this obligation is poor.391

The children’s Charter also contains an individual complaints procedure. Any individual,
group, or NGO recognised by the AU, by a member state or by the UN may file a complaint
to the ACERWC.392

4.4.3 The ECOWAS Court of Justice

Any citizen of an ECOWAS member state can file complaints against human rights
violations of state-actors at the regional Court of Justice. ECOWAS member states have
chosen to give the court, which exists formally since 1991 and was in practice only set up in
2001, a distinct mandate in that respect. The Court is seated in Abuja, Nigeria, and rules
according to the provisions of the Banjul Charter. Impressively, the decisions are legally
binding to the ECOWAS member states.393

Since 2005, through an individual complaint procedure, the Court has competence to rule on
human rights violations. Also impressively noteworthy is that, unlike before the ACHPR,
local remedies do not need to have been exhausted, before cases are brought to the ECOWAS

390
The National Commissions for UNESCO of France and Germany, "Children's Charter",
http://www.claiminghumanrights.org/childrens_charter.html?&L=pomrgrkverp accessed 8th February, 2023.
391
The country reports so far received are made accessible here: http://www.africa-
union.org/root/AU/Conferences/2008/may/sa/child/documents.htm accessed 8th February, 2023.
392
For further details on how to file an individual complaint, see
http://www.claiminghumanrights.org/childrens_charter_actions.html?&L=imvkntnenphytjtr accessed 8th
February, 2023.
393
National Commissions for UNESCO of France and Germany, "ECOWAS Court of Justice",
http://www.claiminghumanrights.org/ecowas.html?&L=escyeybij%2F...%2F2 accessed 8th February, 2023.

98
Court of Justice. So, every and any victim of a human rights violation can directly appeal to
the court even while the case is subject to a national proceeding. Cases may be brought
before the Court via an application addressed to the Court Registry. 394

The ECOWAS Court of Justice has made a number of rulings on human rights issues. The
Court in 2008 gave a pioneering and landmark decision concerning slavery: the Court
convicted the State of the Niger for violation of the human rights of one of its citizens. Niger
was not itself responsible for the discrimination– the plaintiff was subjected to by a non-State
actor, namely her former master – but the country was found in violation of its international
obligations to protect Mrs Hadijatou Mani from slavery under international as well as
national law due to its tolerance, passivity, inaction, and abstention with regard to the
practice. Incredibly, Niger had to pay reparations in the amount of 10 million CFA francs
(more than 20,000 US-Dollar). This is a historic judgment because this is one of the first
slavery cases ever to be won at the international level.395

Another landmark case won is the case of the Registered Trustees of the Socio-economic
Rights and Accountability Project (SERAP) v the Federal Republic of Nigeria and Universal
Basic Education Commission (UBEC),396 where, according to the Applicant, a report of
investigations was conducted into the activities of the second defendant. The investigation
centred on the mismanagement of funds allocated for basic education in ten states of the
Federation of Nigeria. This report was submitted to the Presidency on April 2006. The
precise amount though has not been disclosed. Besides, in October 2007, the independent
Corrupt Practices Commission (ICPC) reported having more than 488 million naira of funds
looted from state offices and headquarters of the second defendant and was still labouring to
recover another 3.1 billion naira looted by officials of the second defendant. It was argued
that this has led Nigeria to be unable to attain the level of education that she deserves in that
over five million Nigerian children have no access to primary education, inter alia. The
Applicant outlined a number of factors negatively affecting the educational system of the
country, including failure to train more teachers, non-availability of books and other teaching
394
For full details on the content of such application see the National Commissions for UNESCO of France and
Germany, "ECOWAS Court of Justice",
http://www.claiminghumanrights.org/ecowas.html?&L=escyeybij%2F...%2F2 accessed 8th February, 2023.
395
See Koraou v. Niger, Judgment, ECW/CCJ/APP/0808 (ECOWAS, Oct. 27, 2008)
http://www.worldcourts.com/ecowasccj/eng/decisions/2008.10.27_Koraou_v_Niger.htm accessed 8th
February, 2023.
396
Judgment, ECW/CCJ/APP/12/07; ECW/CCJ/JUD/07/10 (ECOWAS, Nov. 30, 2010)
http://www.worldcourts.com/ecowasccj/eng/decisions/2010.11.30_SERAP_v_Nigeria.htm accessed 8th
February, 2023.

99
materials etc. The charge against the first defendant was that she had "contributed to these
problems by failing to seriously address all allegations of corruption at the highest levels of
government and the levels of impunity that facilitate corruption in Nigeria." 397

The ECOWAS Court of Justice granted the declaration that every Nigerian child is entitled to
free and compulsory education by virtue of Article 17 of the Banjul Charter, Section 15 of the
CRA and Section 2 of the Compulsory Free and Universal Basic Education Act 2004. And
made an order directing the defendants to make adequate provisions for the compulsory and
free education of every child forthwith. 398

4.4.4 At the International Level

All inhabitants of Nigeria may have recourse to the UN Human Rights Committee through
procedure 1503,399 to the Special Rapporteurs for violations of specific human rights.400 Since
Nigeria is a member state of UNESCO, Nigerian citizens may use the UNESCO procedure 401
for human rights violations in UNESCO's fields of mandate. It must be noted that the rights
which comes under UNESCO’s mandate of which the Articles are mentioned below refer to
the UDHR:

• Right to education (Article 26).

• Right to participate in cultural life and to share scientific advancement (Article 27).
• Right to information, including freedom of opinion and expression (Article 19).
• Freedom of thought, conscience and religion (Article 18).
• Right to freedom of association (Article 20).

397
Ibid.
398
Ibid.
399
For further details on the Complaint procedure applicable to the UN Human Right Committee, see National
Commissions for UNESCO of France and Germany, “Complaint Procedure”,
http://www.claiminghumanrights.org/hrc_complaints.html?&L=0 accessed 8th February, 2023.
400
For further details on the Special procedures applicable to the Special Rapporteurs, see National
Commissions for UNESCO of France and Germany, “Special Procedures”,
http://www.claiminghumanrights.org/hrc_specialprocedures.html?&L=0 accessed 8th February, 2023.
401
For further details on the UNESCO procedure applicable to UNESCO, see National Commissions for
UNESCO of France and Germany, “UNESCO Procedures”,
http://www.claiminghumanrights.org/unesco_procedure.html?&L=0 accessed 8th February, 2023.

100
Nigeria has joined the International Criminal Court; it may thus be called upon in case of
severe crimes.402The International Criminal Court (ICC) is a permanent independent court
which judge persons accused of the most dangerous crimes of concern to the international
community, such as genocide, crimes against humanity and war crimes. Notably also it is a
court of last instance. 403

On the 17th February 2023, we wake up to see in the news that children can now report rights
violations directly to the UN Committee on the Rights of the Child. 404 All these are clear
indications that effective mechanisms are available at all levels to avail the child in Nigeria
with support and defence and the enforcement of the full realization of his or her rights, if
pursued with all-round activism.

4.5 The Role of the Judiciary in Combatting Child Rights Violations and
Enforcing Child’s Rights

Since this research advocates for all-round activism including governmental activism, the role
of the judiciary in light of constitutional powers conferred upon it by reason of section 6(6)
(a) & (b) CFRN, section 1 of the CRA, and the need for the interest of justice, must be
proactively utilised not just to interpret rights, but to use all available legal means to enforce
them. So, although not always, there are yet commendable instances where the Court has so
involved in this kind of activism for the protection of child's rights. In the High Court of
Awka, for instance, in Olukoya v Olukoya, 405 a man who failed to maintain his children for
years and never bothered to see them was held not entitled to custody of the children. In
Emeakuana v Umeojiaku 406 the Court voided the marriage between an under-aged girl and
the respondent. The Supreme Court is also not left out. In Abacha v Fawehinmi407, the
Supreme Court, using its interpretative role in the furtherance of human rights has held,
(especially since the problem of section 12 CFRN), where a conflict exists between a national

402
National Commissions for UNESCO of France and Germany, “Claiming Human Rights: Guide to
International Procedures Available in cases of Human Rights Violations in Africa”
http://www.claiminghumanrights.org/nigeria.html accessed on the 7th February, 2023.
403
National Commissions for UNESCO of France and Germany, "International Criminal Court",
http://www.claiminghumanrights.org/icc.html?&L=0 accessed 8th February, 2023.
404
Claire Breen, "Children can now report rights violations directly to the UN – it's progress, but Aotearoa New
Zealand still needs to do more", The Conversation Africa, https://theconversation.com/children-can-now-report-
rights-violations-directly-to-the-un-its-progress-but-aotearoa-new-zealand-still-needs-to-do-more-199677
accessed 17th February, 2023.
405
[1961] WNLR 209, 211.
406
Suit no. AA/IA/1976 (Unreported) High Court, Awka.
407
[2000] 6 NWLR Part 228.

101
legislation implementing a treaty (such as in the case of the Banjul Charter), and a municipal
legislation, the court should interpret the conflict in a way that the legislation implementing
the international treaty will prevail, since there is the presumption of pacta sunt servanda, i.e.
an intention to be bound by the agreement. In other words there is a presumption that the
legislature does not intend to breach its international obligations.

For instance also, with regards to the right to health, David408 cited the case of Jonah Gbemre
v Shell Petroleum Development Company of Nigeria Ltd & 2 Ors,409 which was more or less
a public interest litigation, where the Federal High Court held that the actions of a
multinational company and its officials constituted an infringement of the fundamental rights
to life and human dignity under sections 33 and 34 of the Nigeria’s Constitution; in that they
engaged in continuous gas flaring during oil exploration in the applicant’s community. The
constitutional provisions violated are justiciable and the court held that gas flaring violates
rights to life and human dignity under the sections. Further, the court held that the actions
also violated the applicant’s rights to health and healthy and satisfactory environment under
Articles 16 and 24 of the Banjul Charter. The Supreme Court has also not relented in
disapproving of the decisions of the lower courts. For instance, when in Popoola v State410, a
case of child rape, the lower court abused their discretion of sentencing. The Supreme Court
held that the offence can be seen as heinous and heartless. The sentence meted out by the trial
court amounted to abdicating its role as a judicial officer. Condemning such sentence, it held
that it was a loose and lenient sentence.

These are laudable efforts from the Supreme Court and other Courts of Superior records in
curbing the menace of child's rights or human right violations in Nigeria. It is recommended
that the Court should not relent in being proactive in enforcing child's right protection in
Nigeria.

4.6 The Role of Other Stakeholders

4.6.1 Civil Societies and Non-governmental Organizations: Meanwhile, other UN Bodies

and International Civil Societies, or otherwise, Non-Governmental Organizations, etc. all

408
David C. Giwa, "Appraisal of the Right to Health", https://www.academia.edu/resource/work/96448199
accessed 12th February, 2023.
409
Gbemre v. Shell Petroleum Dev. Corp & the Nigerian National Petroleum Corporation (2005) 6 AHRLR 152
(Nigeria).
410
[2013] 17 NWLR part 1382, 100.

102
exists and avail the Nigerian child in the securing and defence of his or her rights, etc. Such
as the United Nations Children's Fund (UNICEF), International Bureau for Children’s Rights
(IBCR), End Child Prostitution and Trafficking (ECPAT) International, Child Rights
International Network, Defence for Children International, Plan International, Save the
Children, World Vision, Humanium, etc. And at the national level we have the Women
Trafficking and Child Labour Eradication Foundation (WOTCLEF), African Network for the
Prevention and Protection Against Child Abuse and Neglect (ANPPCAN) Nigeria Chapter,
Idia Renaissance, Heart Land Child Care Foundation, Child Life – Line (CLL), Children’s
Rights Advocacy Group of Nigeria (CRAGON), Girls’ Power Initiative, The Nigerian
Children’s Parliament, Galilee Foundation, Mectel Consult and Adolescent Development
Initiative, National Council of Child Rights Advocates of Nigeria (NACCRAN), Faith Based
Organizations, etc. For instance, it is reported that an international Civil Society
Organization, Action Aid Nigeria, AAN, held capacity building of members of CRIC, across
the Federal Capital Territory, FCT, for effective discharge of their duties in order to achieve
goals of the CRA.411

The Advisor and Team Lead on the Mobilizing Action Towards the Abolition of Infanticide,
MATAI Project, AAN, Ubong Tommy, Stated that the training for the five Area Councils on
Child Protection and Case Management that was held in Kwali, headquarters of Kawli Area
Council, Abuja, was for the two new CRICs inaugurated by Abaji and Kwali Councils; which
needed to train its new members on the tasks they are expected to perform. And that the
project aimed at reaching 100 social workers. But that what informed this training was that
previously AAN noticed that Kwali area council and Abaji area council did not have
functional CRICs, and in keeping with the CRA that stipulates the necessity to have such
committees in place to carry out case management functions and awareness. 412

AAN supported these area councils to set up the CRIC and were also now supporting them by
providing training for them so that they could immediately commence work. They noted that
the capacity building will create an engagement platform between government stakeholders,
Civil Society Organisations, and community structures on the phenomena of infanticide and

411
Gabriel Ewepu and Fortune Eromosele, "Child Rights Act: ActionAid builds capacity of CRIC members
across FCT", Vanguard News, 10th December, 2020,
https://www.google.com/amp/s/www.vanguardngr.com/2020/12/child-rights-act-actionaid-builds-capacity-of-
cric-members-across-fct/amp/ accessed 7th February, 2023.
412
Ibid.

103
how to address challenges in the implementation of the CRA and VAPPA. They expressed
hope that the government can provide more funding for child protection in Nigeria. 413

4.6.2 The Media: Abdulhameed K. Agboola, 414 made a remarkable eye-opening exposition
on the relevance of the media in keeping alive the conscience and will of the nation in the
area of Child rights advocacy. The media can work proactively in keeping the Nation and
indeed the global community well abreast of necessary information such as statistics on
several issues plaguing the Nigerian child inter alia, like the devastated and endangered issue
and standard of education operational in the country; child health and child mortality; child
labour; abduction of female students by insurgents, etc. However the media should respect
the rights of children when involving or engaging them in doing these things. They must
adopt a human rights-based approach in tandem with section 1 of the CRA. They must follow
ethical principles for reporting on children, including guidelines in conducting their interview
with children. Agboola,415 enumerated some of emerging areas of child rights advocacy such
as Climate Change and Children; Accelerate Integrated Early Childhood Development
(ECD); Refugee and Migrant Children; Urbanisation and Children; Crackdowns on Child
Rights Activists; and Children and Freedom of Expression. Factors, which he said inhibits the
media from active child right advocacy includes lack of coverage and of professionalism. All
these issues, with the active aid of the media, can set both government and non-governmental
bodies and individuals on their feet in procuring timely and efficient solutions to them.

4.6.3 Religious Bodies: Dr. Victor I. Ede and Dr. Dominic Z. Kalu 416 placed the spotlight on
the efforts already made by the government and the church in combating the menace of child
abuse in Nigeria. Recognizing that the government alone uncorroborated by other non-
governmental associations and organizations, cannot and has not been able to significantly
combat the menace of child abuse, it is recommended, in keeping with the recommendations

413
Ibid.
414
Abdulhameed K. Agboola, “Constraints and Challenges of the Media in Child Rights Advocacy and
Development in Nigeria” available at;
https://www.researchgate.net/publication/338312717_Constraints_and_Challenges_of_the_Media_in_Child_Ri
ghts_Advocacy_and_Development_in_Nigeria accessed on 8th October, 2022
415
Abdulhameed K. Agboola, “Constraints and Challenges of the Media in Child Rights Advocacy and
Development in Nigeria” available at;
https://www.researchgate.net/publication/338312717_Constraints_and_Challenges_of_the_Media_in_Child_Ri
ghts_Advocacy_and_Development_in_Nigeria accessed on 8th October, 2022
416
Dr. Victor I. Ede and Dr. Dominic Z. Kalu, “Child Abuse in Nigeria: Responses of Christian Churches and
the Way Out”, International Journal for Innovative Research in Multidisciplinary Field (4), (4), (Apr – 2018),
available at;
https://www.academia.edu/36716026/Child_Abuse_in_Nigeria_Responses_of_Christian_Churches_and_the_W
ay_Out accessed 8th October, 2022

104
of Ede and Kalu,417 that churches and mosques can and should also participate in the socio-
cultural and civic duty of curbing the menace of child abuse in Nigeria.

4.7 TOWARDS ALL-ROUND ACTIVISM INCLUDING GOVERNMENTAL

ACTIVISM

In the face of all these legal and institutional mechanism for the consolidation, protection and
enjoyment of the rights of the Child, particularly by the Nigerian Child - as is the context of
this research; the fact remains that Child's right violations has been, is still and will be our
fight; until every stakeholder casts off the temptation to ignore the fight, and take up
responsibility to effect and perpetuate the desired changes. And only in the mode of such
activism can the rights of the child be sustained. This therefore requires that human right-
based approach to addressing child's right issue, be applied at all times, actively. Why? You
ask. My response; what says the news?

o On October 2021, Mrs. Esther David, forced her 10 year old maid, Ifunaya Ede, to
drink hot water mixed with pepper, after she allegedly broke a plate while doing
house chores. It was reported that the mistress took her to a chemist for treatment
before she was referred to a hospital. 418 This happened in Abia State and the wife of
the State Governor, Mrs. Nkechi Ikpeazu, had to take up the matter, to ensure that the
victim was treated and justice served. 419
o Also, there was a celebrated case that involved popular Yoruba actor, Olanrewaju
Omiyinka, aka Baba Ijesha, who was accused of defiling a minor. On April 19, 2021,
a viral video clip revealed Baba Ijesha sexually assaulting 14 year old foster daughter
of a comedienne, Damilola Adekoya, aka Princess.420 He was later arraigned before
an Ikeja Special Offences Court which found him guilty of four out of the six offences
he was accused of. Two charges attracted a five year jail term each, and the remaining

417
Dr. Victor I. Ede and Dr. Dominic Z. Kalu, “Child Abuse in Nigeria: Responses of Christian Churches and
the Way Out”, International Journal for Innovative Research in Multidisciplinary Field (4), (4), (Apr – 2018),
available at;
https://www.academia.edu/36716026/Child_Abuse_in_Nigeria_Responses_of_Christian_Churches_and_the_W
ay_Out accessed 8th October, 2022
418
Babatunde Ayedoju, "Why Children's rights are more violated in Nigeria", The Hope Newspaper, 31st
October, 2022. https://www.thehopenewspaper.com/why-childrens-rights-are-more-violated-in-nigeria/
accessed 8th February, 2023.
419
Ibid.
420
Ibid.

105
 two offences attracted two years imprisonment each. Consequently, the popular actor
was sentenced to 16 years imprisonment that would run concurrently.421
o In Ondo State, at the beginning of the year 2022, a mother of four, Mrs. Omoyemi
Opeyemi, was arraigned in Akure for inflicting multiple body injuries on her 12 year
old house help, Joel Sunday.422 The woman, who was a widow, was said to have used
a stick and a razor blade to inflict multiple body injuries on the house help whom she
accused of stealing meat from the pot. Fortunately for the poor boy, he was rescued
by a neighbour who reported the matter to the police and took him to the hospital.423
o In 2022, the National Agency for the Prohibition of Trafficking in Persons (NAPTIP)
Anambra State Command also arrested a woman who confessed that she beat her
house maid to death and hid her corpse in the bush. The woman had admitted that she
beat the girl till she began to convulse and rushed her to a hospital where she later
died.424

What have been the reports so far?

• Samson Adenekan,425 reported that the NHRC obtained 1.2 million petitions at its
headquarters and branches in the 36 states of the federation and Abuja. An aggregate
of 1, 287, 706 petitions on human rights violations were filed by Nigerians at the
National Human Rights Commission (NHRC) in 2020, as the data received by
PREMIUM TIMES has shown. They were mainly filed against individuals, Nigeria’s
judiciary system and law enforcement agencies. The alleged violations were in 14
broad areas thus; sexual and gender based violence; women and gender rights; child
rights; freedom/liberty of persons; right to life; freedom of religion; and law
enforcement and human dignity. When 212,480 petitions were confirmed to have
been filed, and violations of the rights of children topped the chart - ranging from
child labour, child trafficking and abuse to denial of the right to education - the data
plainly indicated that children were highly affected by the happenings peculiar to
2020. The reason for this may not be disconnected from the fact that academic

421
Ibid.
422
Ibid.
423
Ibid.
424
Ibid.
425
Samson Adenekan, "EXCLUSIVE: Child rights violations, sexual violence, others top 1.2 million petitions
before human rights commission", Premium Times Nigeria, 13th April, 2021,
https://www.premiumtimesng.com/news/headlines/454845-exclusive-child-rights-violations-sexual-violence-
others-top-1-2-million-petitions-before-human-rights-commission.html?tztc=1 accessed 8th February, 2023.

106
 sessions from primary to higher institutions were placed on hold, exposing children to
unfavourable treatment from parents, siblings, family, friends and neighbours.
• Omolola Pedro also reported that Nigeria records over 200,000 child rights abuses
complaints in 2020, confirming the authenticity of Samson Adenekan. 426 Information
sourced by The International Centre for Investigative Reporting (The ICIR) from the
NHRC revealed that there were a total of 212,480 child rights abuses complaints
received by the commission, nationwide, in the year 2020.

Of the total 212,480 complaints received, Delta, Edo, F.C.T, Imo, and Borno have the
greatest number of complaints received by the commission in the year 2020. Delta
topped the list with 37,363 complaints, F.C.T with 19, 272 complaints, Edo with
17,792 complaints, Imo with 17,094 complaints, and Borno with 16,373 complaints.
It was noted that States that have domesticated the CRA are Taraba, Benue, F.C.T,
Kogi, Kwara, Nassarawa, Niger, Plateau, Ekiti, Lagos, Ogun, and Ondo. Others are
Osun, Oyo, Delta, Bayelsa, Cross River, Edo, Rivers, Akwa Ibom, Abia, Anambra,
Ebonyi, Enugu, and Imo. While States that are yet to domesticate the law are Borno,
Adamawa, Bauchi, Gombe, Yobe, Kano. Others are Jigawa, Katsina, Kebbi, Sokoto,
and Zamfara.

It was also highlighted that a report by the Centre for Democracy Development
(CDD) indicates that insecurity also add to violation of children’s rights. For instance,
in insecurity-infested states, parents take their female children to become brides to
bandits just to negotiate for safety! Also in such conditions it is reported that due to
the conflict, many children become orphans or are forced out of school.

Notably also, findings by The ICIR indicate that prosecution of Child Rights
offenders in Nigeria has been very low compared to the statistics of complaints
received. Of the 24 states that have passed the CRA into law, Ekiti, Edo, Akwa-Ibom
and Lagos, are some of the states with proactive methods of prosecuting children’s
rights offenders, especially sexual offenders, by taking the action of naming and
shaming sex offenders in the Sexual Offender Register.427 This is one of the
symptoms of governmental activism in relation to child's rights. It is the kind of

426
Omolola Pedro, "Nigeria records over 200,000 Child Rights abuses complaints in one year", International
Centre for Investigative Reporting, 19th August, 2022, https://www.icirnigeria.org/nigeria-records-over-
200000-child-rights-abuses-complaints-in-one-year/ accessed 8th February, 2023.
427
Ibid.

107
 example that is to be emulated by other states both who have domesticated the CRA
and who are yet to do so.

Borno state, one of the five states with the greatest child rights abuses complaints
received by the NHRC is yet to pass the CRA into law. This would only imply that
complaints may not be attended to, and if they are, not under the CRA. Also
according to findings there are no government agencies specifically set up to be solely
responsible for the affairs of children in the Borno State. Such is the additional duty
of the Ministry of Women and Social Development. 428

Kemi Adenekan, a gender and child advocate argued that it’s almost of no use if
people are implored to make abuses complaints, but there are no follow-ups from the
required quarters. She advocated for the urgent need to create a Ministry of Children
Affairs. In her words,

I believe it’s high time we had a Ministry of Children Affairs. Children are an
important part of society and we should maximize their potential to the fullest,
for the sake of the future. While state legislators should work on domesticating
the CRA, the Ministry of Children Affairs can serve as a watchdog for
enforcement.429

CHAPTER CONCLUSION

The whole legal and institutional framework was made by men, and only men can make them
work. Therefore, all agencies of the government, NGOs, civil societies, the media, churches,
communities and parents alike, must, in a bid to curb to a reasonable extent this menace of
child rights violation, prioritize the issue of child rights and see to it to it that the delicate
beings on which the posterity and indeed the future of Nigeria lies, are not lost to the
bottomless pit of gross human right violations, or left to grow without educational
development, lest the next generation would develop another form of activism – a nation-
destroying one.

428
Ibid.
429
Ibid.

108
 CHAPTER FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1 SUMMARY

Before substantively delving into the summary, a brief and concise story is put forward to
elucidate the summaries therefrom, thus;

Yank-Gbim! Came the noise.

“Oh what is it again?” asked momma. “Why do you never get some rest in this house
Esther?” she queried.
Little three years old Esther was too busy to give a reply to such queries. She jumped down
from the table and ran out of the kitchen into the living room where her father and his two
visitors were sitting, in the heart of a big football argument. She ran to the standing fan,
wondering what she could do with it next.
“ESTHER?” Came the startling scream from her father. “Can’t you see that I am with
visitors?” “And where is that crazy mother of yours who cannot properly bring up a useless
female child?”
The last time Esther had heard direct words from her father was exactly three months ago. He
was never around, always travelling for business trips. He had just returned from a business
conference for his Fintech multinational based in Sweden, and he had wanted to have some
catch-up moments with his friends in Lagos. Momma also went to the market that morning to
get household items to be used in the home the following day. She had begged him to stay
with the little child for just about three hours as she had a couple of things and places she
intended to get to before returning. It had been a huge debate over which she wasted two full
hours trying to convince him, plus some insults she earned – but dare not return. Now one
hour after she had gone out he was done with an unwanted little female child full of life!
“Come here Esther!” was the order that came accompanied with six strokes of an electric
cable. The pain was unimaginable. This had never happened before. Esther screamed. It was
as if the devil had increased his fury power as the sound of her voice infuriated him. He
vented his frustration on the child. Esther could not forget the experience. After the corporal
punishment came the order with the sternest and meanest voice,
“Bathe, bed now!”

109
The obedience which was usually slow in coming for Esther whenever her momma told her
to do something came now very quickly. While it was bath, bed and sleep for Esther - and
invariably the end of play for the rest of the time he was at home - it was the beginning of
fanfare for her father. Immediately he received the long awaited call from Jim, his friend.
Immediately he went out with his latest Range Rover Jeep. Momma could not raise up too
much questions when she returned, lest she too received her own share of the beating. Esther
stayed away from him as best as she could during his remaining three days at home – which
was filled with hate, abuses and insults for her and her momma. She had learnt to comfort her
mother also when she cried alone in the room – he never used the same room with her after
Esther came.
How on Earth had Esther forgotten all those experience? Perhaps it was because she had slept
the previous night thinking father was not going to come home the next day again from the
trip to Dubai as usual. He normally delayed his return which would have been prepared for
by a day or two. Whatever the reason, she wasn’t about to get hit again. All of a sudden
everything happened quickly!
Father had taken the ceramic plate on the table to hit Esther. Her momma was running
already from the kitchen sensing danger. But before she could stop him, the plate had left his
hand straight to Esther's eyes. Yank-Gbim! She slumped. Streams of blood gushed down her
face down on the cream coloured tiles.
...
Esther woke up to find herself on a hospital bed, unable to see. The doctor confirmed
everyone’s fears; Esther would never be able to see again.

The prevention, punishment and compensation of the appropriate persons in cases like this
have been what this research is all about. And not just for physical abuse but all forms of
abuse ranging from deprivations of all manner of rights to which the child is entitled, to
forced child labour, trafficking, prostitution, marriage, female genital mutilation and so on
and so forth.

Therefore, in chapter one, we have outlined in details the background to the research,
pointing out how child's rights developed and the concept of personhood was finally
attributed to the child. So that it reflected the fact that development of the concept of a child
as a right holder first started from a perception of the child as a property of the parents, to a
person in the making, to objects in need of services; to right holders which can claim

110
entitlements from all duty bearers in relation to the realization of his or her rights. It was as
we shifted the lens to Africa that the need for governmental and all-round activism in terms
of a proactive approach and prioritization of the rights of the child became quite glaring and
obvious. Lack of legislative enforcement and implementation became the bane of child rights
in the continent and invariably in Nigeria. Hence this lethargy, inertia and passiveness have
crumbled any meaningful and significant success at attaining to a full realization of the right
of a child in Nigeria.

In chapter two, we clarified the key words relevant to this research, as well as provided an
historical account of the evolution of child's rights. More so, the theoretical underpinnings
that form the bedrock for much of the ideas that are promoted in this research was also much
provided. Further, the following theoretical foundations, namely; Natural Law; The
Principles regarded as the core Aspects of Child's rights; The four general principles guiding
the interpretation and national implementation of the CRC and The Will Theory and the
Interest Theory of Child's Rights, were considered especially with regards to their relevancy
to the research.

In chapter three, the UDHR, the ICCPR and the ICESCR constituting the international Bill of
Rights were examined, and the reason for their examination was to show how that, although
they were not principally treaties that were entirely child -specific, they were still legal
arsenals in that they contained veritable provisions useful and needful for the full realization
of the rights of the child. Hence as we later saw in Chapter four, when engaged with the
activism approach to child's right protection and realization, they would avail any child even
at the level of the UN Human Right Committee. Then the principal Treaty, the CRC, as well
was examined in details. In the same way the Banjul Charter and the Children's Charter were
examined in details, finding the legal basis for child's right protection and realization so as to
equip active government agencies and non-governmental bodies and individuals with legal
tools with which to work in favour of the child. Lapses in the Children’s Charter were also
identified. Then coasting home, the CFRN, the CRA, the National Human Rights
Commission Act (NHRC Act), Compulsory, Free Universal Basic Education Act, 2004
(CFUBE Act), Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015, Criminal Code Act
(CCA), Penal Code Act (PCA), Evidence Act 2011(EA 2011)., Trafficking in
Persons(Prohibition) Enforcement and Administration Act (TIPPEA Act) and the Violence
Against Person Prohibition Act 2015 (VAPPA) were examined. Legislations like the CFUBE

111
Act and the NHRC Act are usually not examined when considering child's right, but this
research uniquely exposes their relevance to the child, as all legal basis to the right of the
child must actively be engaged. The result is that, for instance, in the right to education, the
non-justiciable provisions of the CFRN as far this right is concerned becomes justiciable and
therefore relevant to protecting and realising child's rights. Further, the lapses examined in
the CFRN drives home the need for urgent all-round activism to seriously and effectively
tackle child's right violations beyond the impediments of constitutional lacunas, while trying
to amend the same loopholes.

Chapter four, in like manner assesses and critically appraises the institutional framework for
child's rights in Nigeria. In a reverse order however, they were considered rather from the
national to international level than from the international to national level. The reason is that,
the research is also intended to guide future child's rights advocate and stakeholders on how
to go about protecting and enforcing child's rights; right from where they are. And taking it
all the way to the international community if it takes, to see to it that to the child, it is not
said, “come tomorrow”, just because one is ignorant of the help available today. The National
Industrial Court is also shown to be of help, as well, especially in tackling the Almajiri
system of child labour prevalent in the Northern parts of Nigeria. All international platforms
were not left out, so that the child is protected everywhere, every time, through every legal
means available. Actively, notable amongst all the regional institutions is the ECOWAS
Court of Justice, which should be exploited in the spirit of all-round activism, as its procedure
is relatively less obstructive, compared to other international platforms, available to the aid of
the Nigerian child. Not left out is the place of civil societies whether national or international
in contributing their own quota to the protection and realization of the rights of the Nigerian
child. This they must also do in the spirit of activism. Surely the parents, guardians and so on
cannot be left out as they also must actively be the custodian of the rights of their own
child(ren), and not the violators. Finally, the main and unique human right-based approach to
addressing child's right issue, which has been repeatedly canvassed in this research, the all-
round and governmental activism, was cogently advocated for, in the light of heart-breaking
realities that the Nigerian children are faced with even in recent years.

5.2 GENERAL CONCLUSION

The sum of the whole matter is that, while we have the laws, and the institutions, it is beyond
controversy that we need a radical approach to implementation and enforcement of the same
112
rights of our children without fear or favour. This is what needs to be preached. Every other
thing becomes dead efforts because the only life of our attempts is the activism that we put
into bringing about the change we want to see with respects to the realisation of the rights of
our children. The ball really, is in our court. But we need to find it, and kick it with precision
and the right approach. And, also, we need to kick it hard! So that we can score the goals of
healthy, sound, educated and developing children who would gain the necessary competence
to take over the mantle of leadership of the nation. This they will do with pride in the ones
that helped them secure their rights, when we have successfully made them our priority;
when we speak for them and with them, as they cannot speak for themselves. Let us defend
their rights. Actively. With all-round and governmental activism. These are their God-given
rights. He gave them to children, and He says to us;

“How long will all of you judge unjustly, and accept the persons of the wicked?...
Defend the poor and fatherless: do justice to the afflicted and needy... Deliver the
poor and needy: rid them out of the hand of the wicked.” 430

“Speak up for those who cannot speak for themselves...”431

5.3 RECOMMENDATIONS

The following recommendations are proffered in the following categories;

A. Legislative Activism
I. The Constitution of the Federal Republic of Nigeria 1999 as Amended (CFRN)

1. The first place to begin is the CFRN. As Patricia I. Gbobo and Professor O.W Igwe, there
is urgent and drastic need for the amendment of section 12 of the CFRN to enable
international laws relating to children to directly be automatically applied by Nigerian Courts.
Reliance on other laws is not adequate.

2. Also, issues relating to children be placed within the Exclusive Legislative List of the
CFRN so as to ensure that laws like the CRA, which pertains to the Child, shall be applied by
all States in the federation.

3. The CFRN should be amended to expressly include the specific rights of children as is
obtainable in Ghana and South Africa.

430
See Psalms 82:2-4 UKJV (Emphasis added).
431
See Proverbs 31:8 NLT.

113
4. The right of nationality should expressly be stated in the CFRN as is obtainable in South
Africa. It should also be contained in the CRA. This will ensure that, the challenges of
stateless Children in Nigeria such as denial of access to education, medical services, banking,
the right to vote, travel documents, and birth certificates, etc. would be effectively addressed.

5. The provisions of section 6(6)(c) of the CFRN should be expunged from the CFRN so as
not to make a mockery of the social and economic rights contained in Chapter II of the
CFRN.

6. The provision of section 29(4)(b) of the CFRN should likewise be expunged from the
CFRN as it remains unreasonable for girls of 10-14 years or even below 18 years to be
deemed as being of full age. And it is recommended that the age of the child be solely less
than 18 years in accordance with section 29(4)(a) of the CFRN, and as is obtainable in the
South African and Ghanaian Constitutions.

II. The Child Rights Act 2003

7. The CRA should contain express provisions prohibiting Female Genital Mutilation so as to
really provide protection to the female children in Nigeria.

8. In line with AjaNwanchuku's recommendation, the granting of the directive for the use of
such scientific test to determine the paternity of a child by the court in section 63(1)(a) should
be made applicable to criminal trials, should be grantable by the court suo motu, should be
mandatory on the court to grant upon an application and not discretionary, and, the provision
should be amended from being a directive to being an order. This is so that the best interest of
the child would not be jeopardized and to guarantee his right to be taken care of by his
parents and to enforce this right in a Family Court, as well as his right to not be separated
from his parents would be secured as guaranteed under section 14 of the CRA.

9. Regarding the rights to participation of the child, and considering section 1 of the CRA,
every relevant area where decisions and actions are to be taken with respect to the child, and
in which the child's wishes and statements ought to be heard, such as in sections 84(3),
101(a), (b) (i) & (ii), (c), (d), (e), (f) and (g), (b)(iii) and section 102(1) CRA, where the
consent of the child ought to be sought in the matters relating to guardianship or custody of
the child, such provisions should be amended to expressly include the rights to participation
of the children.

114
10. With respect to the age of the child, the provisions of section 277 and 274 of the CRA
should prevail over any other legislation and, as regards customary law positions on this
subject, the incompatibility test of validity should be applied by the Court to ensure
conformity with sections 274 and 277 of the CRA, even when such customary law previously
had the force of law.

11. As Patricia and Wigwe submitted, the minimum age of criminal responsibility of the child
should be provided in the CRA for greater powerful protection of the rights of child in
Nigeria.

III. The Penal Code Act (PCA)

12. The age of criminal liability of the child in the Northern states of Nigeria under the Penal
Code Act should be amended and increased from 7 to 10 years as in South Africa.

13. There should be provisions in the PCA to punishing the Almanjiris system, in which
children roam the streets as beggars to earn a daily living, with no one being responsible for
the failure to provide for such children in northern Nigeria with basic necessities. As this is
considered as child labour and violates the provisions of sections 4, 11, and 28-30 of the CRA
and section 34 of the CFRN guaranteeing the dignity of the child in accordance with section 3
of the CRA.

IV. The Children's Charter

14. Provisions should be made in the Children’s Charter as follows;

• It should protect children from life imprisonment and always provide the
possibility of release.
• Alternatives such as reintegration into the community should be provided when
dealing with child offenders.
• The rights to remain silent, protection from retroactive law, challenge
imprisonment, compensation for miscarriage of justice should be adequately
provided for.
• The inclusion of provisions requiring States to fully provide and utilize resources
should be made so as not to deprive the Children's Charter of the power to
guarantee or compel States to provide resources to ensure the realization of
children's rights.

115
 • Disability should be explicitly included as a prohibited ground for discrimination.
• Like the CRC, which explicitly provides for the rights of minority children, the
Children's Charter should have similar provisions, especially as many countries in
the region have significant number of minority children.

V. New Legislation

15. New legislations such as Social Assistance Act and Maintenance Act which would
facilitate the provision of pecuniary support to orphans, destitute and poor parents, etc. in
Nigeria should be made.

16. More legislations including the courts for diverse issues of child's rights contained in the
CRA should be made as obtainable in South Africa such as with the Children's Act No.38 of
2005, the Social Assistance Act No.13 of 2004, the Child Justice Act No.75 of 2008 and the
Maintenance Act No. 99 of 1998.

B. Judicial Activism
17. The jurisdiction of the National Industrial Court over issues of child labour and child
abuse should also be maximized in the fight against child labour and trafficking and against
child begging and labour under the Almajiri system.

18. The judiciary should stop at nothing in upholding the provisions of the CRA, especially
maximizing its section 1 to guarantee the rights of the child are respected, protected and
fulfilled.

C. Executive Activism
19. The following recommendations by Ogundayisi are hereby adopted;

• Consistent study and observation on the abuse of children in Nigeria should be

carried out regularly by the government.
• The creation of a National Agency on Child’s Right Protection should be made to
this and other effects by the government.
• There should be an improvement on counselling of parents and children, which
increases parent-Teacher cooperation, free-compulsory education, payment of
better incentives to teachers by the government.

116
 • There should be free health care system; non-privatizing and/or non-
commercializing of health, educational and social welfare institutions essential in
advancing children’s welfare; Comprehensive water scheme for local
communities and villagers to reduce water borne diseases in children provided by
the government.
• Creation of awareness and publicity on the provisions of the CRA by the
necessary government agencies such as the CRICs.
• The organization of specialized training and professional education for persons
involved in the administration of child justice.
• All the governmental organs connected to the adoption of children should take the
children’s welfare seriously, ensuring it takes precedence over all other
consideration.
20. The Child's Rights Implementation Committees (CRIC) created under the CRA should be
created in all states and local government levels in Nigeria, as Lagos State inter alia, has
done. The Federal Government and the National Human Right Commission should ensure
that all states, particularly those that have domesticated the CRA should be obligated to do so
speedily.

21. In line with Kemi Adenekan, all child abuse complaints, received by the NHRC and the
CRICs should be followed-up timeously.

22. Also as she recommends, a Ministry of children affairs should be created in the
Federation and the same as commissions and agencies at the State and Local government
levels to ensure the speedy solutions to complaints and the realization of child's rights is
achieved.

23. All states that have passed the CRA into law should follow the examples of Ekiti, Edo,
Akwa-Ibom and Lagos, who have proactive methods of prosecuting children’s rights
offenders, especially sexual offenders, by taking action of naming and shaming sex offenders
in the Sexual Offender Register. This example should be emulated by other states both who
have domesticated the CRA and who are yet to do so.

24. The government must do all it must to tackle insecurity in Nigeria so as to prevent
parents in insecurity-infested states, from taking their female children to become brides to
bandits just to negotiate for safety. Also this will prevent children from being recruited into

117
the battle as combatants during such conflicts, or from being orphans or being forced to stop
their education.

25. All States that are yet to domesticate the CRA should be pressed upon by all stakeholders
to child's right protection to do so, especially the three arms of government.

D. All-Round Activism

26. All other stakeholders such as the civil societies should both engage in and be engaged in
the fight against child abuse. Also, since the government alone cannot do this, the media
should stop at nothing to bring to the national, regional and international awareness, the
plight of children's rights in Nigeria in its multifaceted areas and issues.

27. Churches, Mosques, Schools and parents especially cannot be left out as all manner of
sensitizations in teaching and in preaching should be made to ingrain a deep seated
consciousness of the rights in the CRA in the minds and subconscious mentality of the
children. The Universal Basic Education Curriculum should be revisited to ensure adequate
knowledge is provided to every child in every single school in the federation of Nigeria of
their rights. Let the CRA become their second Bible and Quran.

118
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