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RESEARCH PROPOSAL
Abstract
This work x-rays the view that child abuse and trafficking in all its ramifications is
getting worse in Nigeria while the various existing laws and law enforcement
apparatus appear very helpless in the current situation. The Child Rights Act is a
protection and welfare; with Twenty-Four (24) parts containing about 278 sections.
The Act contains necessary innovations for the realization of the fundamental
objectives, policy, ideals and aspirations of government. This work upholds the
view that the Child Rights Act is a panacea for ending child trafficking and abuse
in Nigeria, using Ohaukwu Local Government Area of Ebonyi state as its focus.
This study is informed by the growing rate of child abuse and trafficking
experienced in this locality due to apathy and neglect of child protection laws
chapter two surveys an overview of the Child Rights Act. Chapter three focuses on
the legal and institutional framework on child protection in Nigeria, while chapter
four looks at the challenges and limitations to effective child protection. This study
concludes that most of the legal and institutional devices against child abuse in
Nigeria appear grossly inadequate, and suggest that effective operation and
implementation of the Child Rights Act ought to be given full support for the
realization of the ideals and objectives of the Act against all forms of
OUTLINE OF CHAPTERIZATION
CHAPTER ONE
CHAPTER TWO
CHAPTER THREE
CHALLENGES TO EFFECTIVE OPERATION OF THE RIGHTS OF THE CHILD IN NIGERIA Based on the critical
analysis of the legal and institutional framework for the rights of the in Nigeria-a case analysis of the CRA
2003, several factors are critical to the implementations and success of the Act However, the absence of
so many of these critical factors are now found to be obstacles militating against the actualization of the
children rights in Nigeria. Some of the obstacles which require both legal frameworks and human rights
education to redress are as identified below: There are too numerous uncoordinated and obsolete
legal provisions governing the definitions and the concept of who is a child in Nigeria. Cultural and
religious practices, ethnic/linguistic pluralisms militating against the actualization of the rights of the
child in Nigeria. Some states in the North are reluctant to domesticate CRA 2003 that meet the CRC
standards, claiming that the ideas are incompatible with the cultural and religious practices of their
communities. States that domesticate the Act are not implementing effectively for lack of political
Nigeria Although, the CRA2003 makes adequate provision for parental guard and guidance for the full
protection and promotion of the children’s rights in Nigeria but they are yet to be fully or well-informed
as regards their role as expected of them by the provisions, Some children by reason of their age and
vulnerabilities, they hardly can air their views on matter concerning their rights and welfare in the
society Level of awareness of the general public about those basic rights of children is still relatively
low compare with the voluminous provisions of the CRA 2003 The judiciary personnel, both the judges
and non-legal staff are yet to be well equipped for the task of protecting and promoting the rights of the
children in Nigeria The social welfare Departments at the local State and national Government that
used to be vibrant in the time past are becoming less and less visible for the tasks of child caring and
guidance for lack of trained staff for the new role, the few ones available are starved with inadequate
adequate funds and infrastructure to carry out their civic functions The Institutional frameworks for
juvenile justice to handle children in conflict with laws as provided for in the Act are in disarray. For
instance, the number of Borstal institutions are grossly inadequate (just three in number in the whole
country) while the few ones available are grossly underfunded and they lack adequate specialized and
4.4 Case study of selected Child rights Abuse and Trafficking in Ohaukwu LGA
CHAPTER FIVE
5.1 Recommendation
5.2 Summary
5.3 Conclusion
CHAPTER ONE
The care and concern for children all over the world is traceable to antiquity and
history. Not only have children constituted a central focus in the socio-cultural
attainment of every nation, they are regarded as the leaders of tomorrow. Many
welfare, education, value, protection and survival are very cardinal in the affairs of
nations owing to the vulnerable status of the child in the human environment.
cater for the protection and welfare of the child. With the African Charter on the
Rights and Welfare of the Child adopted by the Assembly of Heads of States in
Africa on July 20, 1979, many domestic laws in different nations and prominent
the interest of children have been put in place to provide legal and institutional
framework. Despite the fact that Nigeria is a sovereign member of the United
child abuse; the intolerable social phenomenon is seriously on the increase in the
country. Idowu1 observed that an average of more than 21.3 million Nigerian
children are being subjected on daily basis to all forms of child abuse ranging from
trafficking to slavery and forced labour. This ugly situation continues in spite of the
in the educationally less-developed states. Ebonyi state was created in 1996 under
the military regime of Gen. Sanni Abacha which carved out the thirteen local
governments out of Enugu and Abia states respectively among which is Ohaukwu
Local Government in Ebonyi North Senatorial zone. These local governments are
located at the extreme boarder line and share state boundaries with neighbouring
states for which it was very difficult for the inhabitants to access development from
the state prior to the new state creation. The question of Child Rights protection
received attention in Ebonyi state with the passing of Child’s Right and Related
Matters Law, No 003 of 2010. This follows the rise in the cases of child trafficking
and abuse recorded by successive administrations which had drawn the concern of
This study examines the various incidents of child abuse in Nigeria using
Ohaukwu Local Government Area of Ebonyi State as its main focus placing
reliance on the relevant provisions of the Child Rights Act, 2003. It also appraises
1
Idowu A.A, "Child Trafficking in Africa" in Ondo State Law Journal, (2004), Vol. 1 No.1, p. 2.
challenges against effective prevention of child abuse and due enforcement of the
Act.
The need for adequate protection of the child against all forms of abuse and
degree of social abuses and Child’s Rights violation is alarming especially in the
people are prone to diverse social ills to make ends meet. With economic recession
and its attendant consequences, people relate in several ways both in the rural areas
and urban centres, all for the purposes of improving their standard of living
especially for the children of the less privileged which most often trigger off cases
of abuse, injustice and crimes. These occur in different dimensions and relative to
the economic strengths of the parents and guardians of the victim and extent of
their knowledge of the legal rights for which the child is subject.
To assess the legal framework for the protection and prevention of child
menace.
This work will be beneficial to many people owing to the germane nature of the
subject matter. To the students, it will unveil the provisions of the law and extent of
legal protection available to the child against all forms of abuse. To the legal
practitioners it will expose the procedural approaches to enforce any breach of the
rights of the child. To the general public, it will enumerate the various institutions
responsible for child protection and their functions. To researchers, it will provide a
further step to the discourse on the question of child rights protection and
enforcement.
This work covers the legal and institutional framework governing the rights of the
child in Nigeria. it exposes the regulatory bodies and diverse responsibilities for
which they are charged in the business of child rights protection and privileges
enforcement. Also, the law, practice and procedures relating to child rights,
the constraints of time and access to all available scholarly endeavours on the
subject within this research limit due to previous poor scholarly efforts and
attempts. But attempt will be made to cover appreciable extent to ensure that the
Chapter one was a general introduction and background survey of the research and
studies the overview, objective and benefits of the child rights legislation. It
available under the legal framework. Chapter three dwells on institutional and
regulatory framework with focus on their functions and effectiveness. Chapter four
equally discusses the Ebonyi Child protection experience and peculiarities. Chapter
WHO IS A CHILD?
Looking at the Constitution of the Federal Republic of Nigeria, one cannot find
any definition of a child2. The effort at determining a general notion of who a child
is and the specific benchmark as to age and physical development has been a
2
Iguh, N. A and Onyeka N, An Examination of the Child Rights Protection and Corporal Punishment in Nigeria.
Available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2399314 accessed 19/12/2017
provisions. This is obvious at both customary law and under the statutes. 3 There are
different ages prescribed in a multitude of legal texts and in customary law 4 all
over the country. These varieties in the minimum age limit pose a lot of problem in
same age in different parts of the country. Majority of these laws including
international instruments lean in favour of the definition placing a child below the
age of eighteen years5. The United Nations International Convention on the Rights
of the Child6 and the African Charter on the Rights and Welfare of the Child 7
define a Child as every human being below the age of 18 years. The United
Nations Convention also includes a provision that the 18 years of age may not be
so relevant unless under the law applicable to the child, majority age is attained
earlier8. The Nigerian Child Rights Act, 20039 defines a child as a person under the
age eighteen years. Therefore, a child means every human being under the age of
6
Cap C Laws of the Federation of Nigeria 2004
7
Article 2 African charter on the Rights and Welfare of the child 1990
8
CRC, Concluding Observations of the Committee on the Rights of the Child: Nigeria, CRC/C/15/Add.61, 30/10/96,
§§ 12, 45, 34. Available under http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CRC.C.15.Add.61.En?OpenDocument
CRC/C/15/Add.61,30/10/96,§§12,45,3http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/CRC.C.15.Ad.61.En?
OpenDocument
9
Section 277 Child Rights Act 2003
defending himself or herself and so, very prone or vulnerable to child abuse in all
its ramifications. Section 2 of the Children and Young Person Act, enacted in
Eastern, Western and Northern regions, a “child” means a person under the age of
fourteen years, while “young person” means a person who has attained the age of
Respectively, the Immigration Act stipulates that any person below 16 years is a
minor, whereas the Matrimonial Causes Act 1970 puts the age of maturity at
21years10. Section 50 of the Penal Code (North) states: “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 under twelve years of age who has not attained sufficient maturity of
understanding to judge the nature and consequence of such act” 11. It is a general
and this further explains that the perception of Age as a definition of a Child
situation presents a visible challenge as the laws fail to present any serious
Customary Law) makes it indeed very difficult to change the situation and a
The evolution of Child’s Right grew as a part of the larger frame work of Human
Rights as promoted by the United Nations which included The International Bill of
Right along with the Universal Declaration of Human Right (UDHR) and its two
protocols12. Attempts and legal effort by scholars to examine the concept of rights
of a child predated the child Rights Act. Although the subject has been over taken
by events but it helps in the understanding of the rights of the child before the
enactment of Child Rights Act 2003 and Ebonyi State Child Rights Law 2010 13.
Oshio14, discussed the Legal Rights of the Child in Nigeria under the Constitution
outlining the rights Nigerian child possess under the constitution. However, the
rights in the constitution are not exhaustive as it relates to the child, therefore the
Child Rights Act 2003 and Child Rights Law 2010 provide further additional rights
available to the child. Bekink15 in his book titled “A Child Divorce”, Examines
12
Adam, E. M, Arabian Journal of Business and Management Review (OMAN Chapter) Vol. 2, No.8, March. 2013
Available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2399314
13
Alemika, etal, in their report on Rights of the Child in Nigeria discussed the Children and Young Peoples Law,
available at http://hdi.handle.net/10500/12171 28th December, 2012.
14
Prof. Patrick Ehi Oshio, Professor of Business Law Dean, Faculty of Law, University of Benin, 2000-2002 and 2006-
2008.
15
Bernard Bekink is a full professor in the Department of Public Law, Law Faculty, University of Pretoria
break from parental responsibilities and rights due to the traditional socio-cultural
practices and belief of the parents; Work on the parental responsibilities and duties,
which should be exercised in the interest of the children. 16 The emphasis of the
author on the interest of a child is essential as the Child Rights Act 2003 and Child
Rights Law of Ebonyi state 2010 are guided under the principle of best interest of
the child which the research work considered important. Ayua and Okagbue 17,
wrote on “The Rights of the Child in Nigeria” which considered majorly the Rights
as contained in the Children and Young Persons Act and other various laws which
were written before the enactment of the Child Rights Act 2003 and Ebonyi State
Child Rights Law 2010, therefore could not have been able to write on the Rights
as provided in the Child Right Act and Child Right Law and the challenges therein.
However, the author did not identify the challenges with the implementation of the
rights provided in the law. Ahmed A.B. did an intelligent work titled “An Appraisal
of the Legal Rights of the Child in Nigeria”, 18 establishing the fact that the child
Rights are part of the fundamental rights as contain in 1999 constitution which is
the basis for the legislation of other laws including the Ebonyi State Child Rights
Law 2010. Generally, rights may be construed as the legal protections which have
16
http://hdl.handle.net/10500/12171 28th December, 2012
17
Ayua I.A and Okagbue .I, The Rights of the child in Nigeria, Intec Printers Limited, Ibadan, (1996) P.30.
18
Ahmed A.B. “An Appraisal of the Legal Rights of the Child in Nigeria”, Bayero University Journal of Private and
commercial Law.
been laid down to ensure that the best interest of the child receives priority in all
CHAPTER TWO
Since 1959 there have been a broad spectrum of laws which were available for
the protection of child rights. Some of these include laws such as League of
Declaration of the Rights of the Child, 1959; Declaration of the Rights and
Welfare of the African Child, 1979 and the 1948 Universal Declaration of
Human Rights. But with all these laws, children were still deprived from
Towards the end of the 20th century, civic organizations interested in the
protect the rights of children and their efforts coupled with the domestic
The Child Rights Act, which was enacted in 2003, seeks to regulate and protect
Assembly adopted the Convention on the Rights of the Child (CRC). Shortly
afterwards, in July 1990, the African Union’s Assembly of Heads of States and
Governments adopted the African Union Charter on the Rights and Welfare of
the Child (CRWC). Nigeria signed both international instruments and ratified
them in 1991 and 2000, respectively. Both instruments contain a universal set
of rights. The Convention on the Rights of the child stipulates that “Member
States shall undertake to disseminate the Convention’s principles and take all
appropriate legislative, administrative and other measures for the
However, though Nigeria is a signatory without reservation to the CRC and the
CRWC, the conventions have not been incorporated into domestic law and thus
1999 Constitution, for an international treaty to have the force of law, it must
be passed by the National Assembly and a majority of the two third of the State
Houses of Assembly. Nigeria ratified the ACRWC 23rd July, 2001 and the
CRC in March 1991.20 In order to have the CRC and the CRWC domesticated
in Nigeria, in 1988, the Nigerian Chapter of The African Network for the
Prevention and Protection against Child Abuse and Neglect 21 organized three
Convention on the Rights of the Child and the Charter on the Rights and
Welfare of the Child (CRWC) into law in Nigeria, was prepared in the early
19
Section 12 of the constitution of the Federal Republic of Nigeria 1999 as amended.
20
Ratification of ACRWC available at http://pages.au.int/acerwc/pages/acrwc-ratifications- accessed 20th July,
2016.
21
International Ngo on the protection of child rights and welfare. It has coverage of over 22 countries with
headquarters in Kenya. See http://childfinanceinternational.org/component/mtree/world/browse-
bylocation/africa-partners/kenya-partners/ke-social-society/african-network-for-the-prevention-and-protection
againstchild-abuse-and-neglectLiberia. accessed 20/6/2017 .
1990s. This draft stimulated the government to develop the current Child
Rights Act 2003.22 It was only after some ten years, and several debates among
parliamentarians that the National Assembly passed the Bill into law in July
was promulgated as the Child Rights Act 2003. The Act came into force on
on. It harmonizes most laws on child protection in Nigeria and aims to provide
structural parts and 11 schedules. The Act, which may be said to have
consolidated all aspects of children’s issues addressed many areas such as the
which had been neglected over the years. It succeeded in portraying children
not as the property of their parents or guardians but as individual human beings
22
Akali A.U et al, Analysis of Relevant Legal Frameworks on Child Protection in Malaysia And Nigeria,
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2399314
23
Ladan, T., The Nigerian Child’s Right Act; 2003: An Overview of Rationale Structure and Content, (2003), Nigerian
Bar Journal, Vol. 2, No. 2, P220
24
Dankadai, L.B., The Legal Protection of Children Against Exploitative Child Labour, (2010), BUJPL. Vol. 2 No. 1,
P111.
with full rights to legal protection. It equally prohibits child marriage, using
children for any criminal activity, abduction and unlawful removal and transfer
of Child Rights Act 2003, the following states passed their Child Rights Law:
Anambra State 200425, Taraba State 200526, Imo State 200427, Kwara State
200528, Nasarawa State 200529, Plateau State 200530, Abia State 200631, Ekiti
State 200632, Oyo 200633, Osun State 200734, Ogun State 200635, Ondo State
200736, River State 200937, Kogi State 200738, Jigawa State 200739, Lagos State
200740, Edo State 200741, Akwa Ibom State 200842, Delta State 200843, Benue
State 200944, Cross River 2009,45Ebonyi State46 (being the focus of this
25
www.womenaffairs.gov.ng/nigeriacedawreport. Accessed 1st August, 2015
26
http://disnaija.com/unicef-worries-over-merging-of-children-with-criminals. Accessed 1/8/2017
27
www.allafrica.com/stories/200408040683.html. accessed 1st December, 2017.
28
Ibid
29
ibid
30
https://plateaunewsonline.wordpress.com/the-plateaustate-ministryofwomenaffairs. Accessed 1st August, 2015
31
www.unicef.org/nigeria/protection2169.html. Date of access, 2/11/2017
32
www.ekitistate.gov.ng. 1st August, 2016
33
www.unicef.org/nigeria/childrightslegislationinNigeria.pdf. Date of access, 1st August, 2017
34
Ibid.
35
Ibid.
36
Ibid.
37
www.thetidenewsonline.com/domesticatingchildrightslawtheriversexample. Date of access 3/08/2017.
38
http://www.unicef.org/nigeria/protection_2169.html. Accessed 10/09/2017
39
www.jigawastate.gov.ng/staticpage.php?id=154. Accessed 1/10/2017
40
www.lagosstate.gov.ng/childrightslaw.pdf. Accessed on 1/10/2017
41
www.justiceanddemocracy.org/child_right.pdf. Date of access, 3/10/2017
42
Ibid.
43
www.deltastate.gov.ng/index.php/template/.../896-ministry-of-justice. Accessed 18/10/2017.
44
www.childdevelopmentconcern.com/popularization%20%of%20child’s%20.... Date of access, 10/11/2017
45
ibid.
46
Ibid.
research) and Niger State passed the Child Rights Law in 201047. The Act is
replete with salient objectives poised to redeem the child from all forms of
trapped in child labour, depriving them of their childhood, their health and
education, and condemning them to a life of poverty and want. Many children
are stuck in unacceptable work for children, a serious violation of their rights. 48
Children have also been severely affected by the economic crises faced by the
country in 1999, which has led to an increase in the number of children living
poverty has made more children to live and/or work in the street and has
and promotion of children remain weak, uncoordinated and not in line with
Nigeria's obligations under the Convention on the Rights of the Child, the
African Charter on the Rights and Welfare of the Child and the UN Convention
of every 1000 born alive die before their first birthday,” 50 while the UNPD
children includes early marriage, child labour and other forms of exploitation,
and all forms of abuse, including sexual abuse and physical violence against
children in homes, schools and wider communities. Child rights laws and
protection is a necessary apparatus which every society utilizes for the survival
development and flexibility for ensuring that laws cater for changing trends in
the society. A protective environment means having laws that punish those who
language, religion, origin or birth status. The essence of child rights protection
Nigeria, quoted in: Amnesty International, Nigeria: The Death Penalty and Women under the Nigerian Penal
System, February 2004, p.13. Available under http://www.web.amnesty.org/library/print/ENGAFR440012004.
50
UNFPA, quoted in Integrated Regional Information Networks (IRIN), Nigeria: “UNFPA to spend $40 million on
reproductive health, May 11th 2004”. Available under http://www.irinnews.org/print.asp?ReportID=36378.
51
http://www.undp.org/hdr2003/indicator/indic_290.html. “UNDP, Human Rights Development Indicators 2003”
52
http://www.terredeshommes.org/wpcontent/uploads/2013/06/20130322protect-our-future-summary-docu
ment_april_2013.pdf.
laws is a wholistic preservation of the rights and privilege for the good and
general welfare of the child. The child rights protection laws are replete with
benefits for the overall development of the Nigerian child. These include the
various affairs. The child protection laws generally embody rights and
privileges of the child vis-à-vis the extant laws and provide a system of justice
administration, care and supervision of the child. It is trite law that nobody can
be punished for an offence that is not incorporated into a written law, 53the child
rights legislation serve as a code for which penal sanctions may be ascribed to
certain breach of the law and also creates the legal framework through which
The Nigeria Juvenile Justice Project, seeks to implement policies which include
available to the juvenile court; and non-judicial child justice prevention policies
and programs. Under the Juvenile court system, jurisdiction is vested in relation to
the court may intervene when a child has been accused of committing an act that
intervene in cases involving dependency and neglect. where the court determines
that a child is being deprived of needed support and supervision, it may decide to
remove the child from the home for his or her own protection. 54 The Child Rights
Act 2003 has specifically introduced a system that recognizes the vulnerability of
children and the need to protect them from abuse and trafficking. It has given birth
vesting jurisdiction on the family court. Thus, every offence committed by a child,
and every other matter concerning the child shall be tried in the Family Court 55. It
sanctions and where a child commits an act that would have amounted to a
criminal offence if he were an adult, he shall be subjected only to the child justice
system and processes set out in the Act. Hence in this regard there shall be
established for each State of the Federation, a court to be known as the Family
Court for the purposes of hearing and determining all matters relating to children 56.
(a) As a Division of the High Court at the High Court Level; and (b) As a
Magistrate Court at the Magistrate Court Level. The Court, subject to the
54
National Open University of Nigeria, Lecture Note 2012
55
See Section 149 of the child Rights Act. It states that Family Court shall hereinafter be referred to as “the Court”.
56
Section 162 of the Child Rights Act 2003
provisions of the Act, has unlimited jurisdiction to hear and determine civil matters
regarding the existence or extent of a legal right, power, duty, liability, privilege,
to hear and determine any criminal proceeding relating to any penalty, forfeiture,
a child or against the interest of a child.58 The Family Court at the High Court
Level has the power, inter alia, to deal with all offences punishable with death or
terms of imprisonment for up to ten years or more and to hear appeals from the
Court at the Magisterial level. 59The membership of the Court at the High Court
level, includes 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
comprised with such number of Chief Magistrates and assessors who shall be
officers not below the rank of senior Child Development Officer as shall enable the
Court to effectively perform its functions under the Act. 61Appeals shall lie to the
Court of Appeal on any matter decided by the Court, just as they will normally go
57
Section 51(1)(a) of the Child Rights Act 2003
58
Section 151 (1) (b) CRA
59
Section 152 (4) CRA
60
Section 152 (1) (a) and (b) CRA
61
Section 153 (1) (a) and (b) CRA
given to the circumstances and the needs of the child, particularly the age, sex,
religion or other
represented by a legal practitioner and is entitled to free legal aid in the hearing and
members and officers of the Court, the parties to the case, their lawyers, parents or
guardians and other persons directly concerned in the case shall be allowed to
attend the Court. Indeed, members of the Press are expressly excluded. The
identity of the child is to be strictly guarded so that it is not allowed to publish the
the child whose matter is before the Court. 64A contravention of this rule is an
offence which attracts a fine of fifty thousand Naira or imprisonment for five years
or to both such fine and imprisonment.65 The Act instilled respect for the child’s
right to privacy at all stages of child justice administration in order to avoid harm
reinforced by section 205 of the Act. This will ensure that adequate protection is
provided to avoid any harm on the sensibility of the minor to enable him express
himself freely without fear. Consequently, no information that may lead to the
62
Section 154 (3) CRA
63
Section 155 CRA
64
Section 156 (a-d) CRA “the records of a child offender shall be strictly confidential.” See Section 205 (3) CRA
65
Section 157 (2) CRA
identification of a child offender shall be published and the records of such a child
must be kept strictly confidential. They must not be used in adult proceedings in
subsequent cases involving the same child offender.66 The Act further ensures that
the fundamental rights of the child are respected and therefore he must be
presumed innocent and be notified of the charges against him. He has a right to
remain silent and to have his parent or guardian present. Even in criminal matters
involving the child, When a child is apprehended, his parents or guardian shall
done within the shortest possible time after the apprehension of the child. 67 The
Court or police as the case may be, must without delay, consider the issue of
release68 and in any contact between the police and the child, there must be respect
for the legal status of the child and his interest and well-being must be promoted.
Harm to the child including the use of harsh language, physical violence, exposure
to the environment must be avoided regarding his situation and the circumstances
of the case. The Act further provides that the child shall not be detained pending
trial except as a last resort and it must be for the shortest possible time. Wherever
66
See generally section 205 of the Child Rights Act, 2003.
67
Section 211 (1) (a) (i) and (ii) of the Act.
68
Section 211 (1) (b) of the Act
supervision, care by, and placement with a family or in an educational setting or
home.69 However while in detention the child should be given social, educational,
having regard to his age, sex and personality. 70 However where a child is ordered to
be kept in police detention, obviously because of the seriousness of his act, the
Court must ensure, if he has attained the age of fifteen years, that he is moved to a
accommodation and keeping him in any other authority’s accommodation will not
sufficiently protect the public from harm.71 This guarantees adequate safeguard in
ensuring the protection and safety of the child against harm. Also where a child
offender is to be tried in the Court, the terms “Conviction” and “sentence” shall not
be used in relation to him. 72 Even where an act committed by the child amounts to
a criminal offence the parent or guardian must attend all stages of the proceeding.
The Court may even make an order requiring them to attend. 73 The child’s right to
fair hearing and any other due process shall be observed during trial. Generally, the
procedure established by the child justice system under the Act requires that during
trial, the child’s legal status must be respected, his best interest and well-being
promoted and harm to him avoided. The entire proceedings must be conducted in
69
Section 212 (1) (b) of the Act
70
Section 212 (2) of the Child Rights Act 2003
71
Section 212 (3) (b)of the Act
72
Section 213 (2) of the Act. See also Section 17 of the Children and Young Persons Law of Ebonyi State
73
Section 216 of the Child Rights Act 2003.
an atmosphere conducive enough to enable the child participate and express
himself fully.74 As much as possible, the Court shall ensure that the child is not
deprived of his personal liberty and it is only where he is found guilty of a serious
other serious offences that the child may be personally restricted. Hence a balance
is struck between child’s interest and that of the public whose safety must also be
protected. Generally, the well-being of the child should be the guiding factor in the
consideration of his case. A child who admits the commission of an offence may be
State Government accommodation and where necessary the Court will impose a
security requirement, which means that the child in question will be placed and
imposed in respect of a child who has attained the age of 15 years and who is
charged with or has been found to have committed a violent or sexual offence, or
an offence for which an adult can be imprisoned for up to fourteen years or more.
But such an order can only be imposed where the child has a recent history of
imprisonment while he was so remanded, and the Court is of the opinion that only
such an order would be adequate to protect the public from serious harm from the
74
Section 215 (1) (a) of the Child Rights Act 2003
child. The State Government may, when it deems fit, apply to vary or revoke any
condition or requirement imposed under the order. This will depend on the
progress made with the child who is under detention. The Court has power to order
it. It may also order them to give security for his good behaviour. The Child Rights
corporal punishment or to the death penalty. Death penalty shall also not be
recorded against him. However, the Nigerian Criminal Code Act 75,provides that,
“subject to the provisions of any other written law, the punishments which may be
inflicted under this Code are death, imprisonment, caning, fine and forfeiture.” 76
Section 18 then goes on to provide- “Whenever a male person who, in the opinion
of the court, has not attained seventeen years of age, has been found guilty of any
offence, the court may, in its discretion, order him to be caned in addition to or in
This provision is clearly not in conformity with Section 221 (1) (b) of the Child
Rights Act and as to which law will apply in place of the other, it appears that the
Child Rights Act or Law will precede the Criminal Code being a latter law and
75
Cap C28 Laws of the Federation of Nigeria 2004
76
Section 17, Laws of the Federation of Nigeria [1960 No. 30] 2004. The Penal Code generally allows caning
and even the Penal Codes laws applicable in the different Northern States also apply caning as a form of
punishment.
One important thing that has been introduced by the Child Rights Act, is the
requirement that every Judge, Magistrate and other judicial officers appointed to
the Court shall be trained in sociology and behavioural sciences to ensure effective
administration of the child justice system. They shall also receive, in-service
competence. The Act has also provided for the establishment of a Special Police
Unit whose functions include the control and prevention of child offences,
minor offences, the officers of the Unit have the power to dispose of the case
supervision, guidance, restitution and compensation of victims can be used for this
purpose, and steps taken to encourage the parties involved in the case to settle the
case informally.
CHAPTER THREE
LEGAL FRAMEWORK
The legal rights of the Nigerian child are contained in various municipal laws and
and he or she assures its continuity. Accordingly, the survival and continuity of the
human society depends upon the protection, preservation nurture and development
of the child. So many laws in Nigeria have provisions protecting and promoting the
When a child is born in Nigeria, the right to life, survival, liberty and development
of such a child is guaranteed under the 1999 Constitution. These rights are the
bridge upon which other substantive and subsidiary laws on the protection and
welfare of the child are anchored. Right to life is the foundation upon which all
other rights are predicated and that is why it is usually the first of all rights
guaranteed under the constitution. More so, life is considered as the most precious
gift to the citizen. The Constitution provides that every person has a right to life
and no one shall be deprived of his life intentionally. 77 It is further argued that right
to life guaranteed by the Constitution requires the state not only to abstain from
taking life but to take further positive steps to protect life, like making sure that
the state to take appropriate steps to safeguard life, which will entail promoting
security, preventing trafficking, murder and other crimes threatening life, prevent
77
Ahmed A.B. op.cit p. 159.
acts of genocide and other acts of mass violence causing arbitrary loss of life. The
constitution also provides for the Right to Dignity of Human Person Section 34
provides that: “Every individual is entitled to respect for the dignity of his person,
and accordingly
The constitution here has specifically enumerated the acts, which will be regarded
as violating the dignity of the person of the child and torture as used in the
deliberately causing severe pains, suffering, physical or mental which are not
every child in Nigeria is entitled to respect for the dignity of his person and
abuse, neglect or maltreatment including sexual abuse. Under the Nigerian law, no
labour or any form of torture has been prohibited. The 1999 Constitution provided
78
Ahmed A.B. Op. Cit. p. 161
for education under the fundamental objectives and directive principles of state
policy of government and is not listed as one of the fundamental rights of the
Nigerian child or individuals under chapter IV of the constitution, but based on the
provision of Section 15 of the Child Rights Act 200379, it became mandatory and
The welfare of children was first statutorily recognized in Nigeria in 1943, through
the Children and Young Persons Ordinance. This later became chapter 31 of the
Laws of the Federation of Nigeria as revised in 1948 and was retained as chapter
32 of the Laws of the Federation of Nigeria and Lagos as revised in 1946, it was
extended to the Eastern and Western Regions of Nigeria in 1958. On the adoption
of a state structure in 1967, many states enacted their own Children and Young
Persons‟ Laws, which are almost identical to the original legislation as amended.
The Act was therefore, omitted in the federal law revision exercise of 1990 because
it has become state law. This research considered the Children and Young Persons
Law of Ebonyi state. Children and Young Persons Law makes provisions for the
welfare and treatment of young offenders and the establishment of juvenile courts.
The Act also makes provisions for juvenile in need of protection. The purpose of
79
Section 15, Child Rights Act, Volume 5, Cap C50 222 Laws of the Federation of Nigeria 2004,
the Children and Young Person Law is to provide for the general welfare of the
young, his treatment as an offender and the establishment of a juvenile court to try
As a civil court, it deals with juveniles who are in need of care and protection or
beyond the control of their parents. As a criminal court, it deals with juvenile
charged with offences. In both capacities, the court serves three important
functions. First as a social service which must at all time uphold the welfare of
young persons, and secondly, it provides the general public with protection from
b) Special trial and punishment procedure in a private and fair unlike that of adults.
The press is kept away and cannot pry into affairs of the court.
c) Dealing with endangered juveniles and those in need of care and attention is
mortal danger, etc. Such children may be sent by court order to an approved
institution or committed to the care of some fit persons willing to take their care,
There are remand homes, approved schools and bostal institutions where trained
personnel are equipped to take the convicted juvenile on a course of correction and
rehabilitation to help realize the best interest objective. This law predated the new
regime of the Child Rights Act and form the basis upon which reforms on the child
The Act started by stating that “the best interest of the child shall be of paramount
consideration” in all actions relating to a child.80 The Act provides for the right of
the child to life, name, dignity, education, health etc. it equally prohibits child
marriage, using children for any criminal activity, abduction and unlawful removal
and transfer of a child from lawful custody81; forced exploitative or hazardous child
labour, recruitment of children into armed forces, hawking, begging for arms,
prostitution, unlawful sexual relation etc.82 The Act establishes family court which
has unlimited jurisdiction to hear and determine any case (civil or criminal) in
80
Section 1 of the Child’s Right Act 2003
81
Alabi vs. Alabi (2007) 9 NWLR at 309
82
Sections 30-33 CRA 2003
respect of any issue regarding a child. A Child Right Implementation Committee is
to be established at the national, state and local government levels.83 The Child
Rights Act, clearly outlaws marks and tattoos on the face or body of a child and
months for offenders.84Sections 28-30 speaks on child labour with specific mention
on the jobs it considers unfit for a child and prohibits subjecting any child to forced
labour or work and it also relates to young persons generally 85. Exposing a child to
any forced or exploitative labour, forcing him to lift, carry or move anything so
heavy is an offence which attracts a fine not exceeding N50,000 or jail term not
exceeding five years.86 The exposure of children to hawking and begging is equally
conviction.87 The unlawful act of sexual intercourse and other sexual abuses is
punishable by a prison term of life or fourteen years depending on the crime and it
is immaterial whether the individual is 18 years or above or the act was done with
the consent of the child.88 In Nigeria, the use of children for begging is very
83
Alkali, M.B., et al., A Critique of the Provisions on Adoption Under the Child’s Rights Act 2003 from Islamic
Perspective, (2012), Bayero University Journal of Public Law. Vol. 2, No. 2, P50.
84
Section 24 CRA 2003
85
section 59-63 Ibid
86
Section 28 CRA 2003
87
Section 30 CRA 2003
88
section 31-32 Ibid
young girls is very common in the northern states of Nigeria. This is exploitative
because the child is made to sale and bring home the proceeds of the sale.
The rights of children to parental care are specifically provided for as a vital focus
of the legislation89. Every child has a right to parental care, protection and
It further provides that every child has right to maintenance by his parent or
guardian in accordance with their means. From the opinion and view canvased in
this research, it has been observed that the family system is failing in terms of the
care that the children needs and the maintenance owing to overzealous pursuit of
wealth which characterized the modern economy. In line with views that both
government and the parent have responsibility to cater for, protect and maintain the
parents and care givers. It was held in the case of Theresa Timitayo Williams vs.
Rasheed Ahmed Williams, a child is entitled to the best that either parent can and
will offer.90
89
Section 14 Ibid
90
Theresa Temitayo Williams vs. Rasheed Ahmed Williams (1987) 4 S.C.N.J 22.
The implication of this decision is that the child is only entitled to the best the
father can give considering his source of income; therefore, the maintenance of the
child is based on the income of the parent or care giver which varies according to
their economic strength. The child’s right to welfare and maintenance is purely a
relative subject based on inequality in the society which calls for governments
intervention to ensure survival and development of the child. The right of the child
to be with his/her family for parental care, protection and maintenance cannot be
severe unless for the purpose of the child education or due to judicial process. At
the heart of these principles, is the need to ensure the best interests of the child are
met. In considering the maintenance of the child, the law recognizes the means of
to enable children to enjoy this right for the proper realization of the objectives of
the Act. The Act specifically provides that failure on the part of a parent or
guardian to perform the duty of causing the child to complete his universal basic
education, constitutes an offence for which a first conviction earns a reprimand and
of two thousand Naira or imprisonment for a term not exceeding one month, or
both such fine and imprisonment. Any other subsequent conviction is punishable
by imposing a fine of five thousand Naira or imprisonment for a term not
The criminal code and penal code Act/ Laws of various states
As a victim of child rights offence, several sections of both Criminal Code and the
Penal Code are couched to protect the child and promote the omnibus principle of
Section 22891 provides that: “Any person who, with intent to procure miscarriage
causes her to take any poison or other noxious thing, or uses any force of any kind,
or uses any other means whatever, or permits any such thing, uses any force of any
kind, or uses any other means whatever, is guilty of a felony and is liable to
imprisonment for fourteen years”. Also, section 23292 provides that: “Whoever
voluntarily causes a woman with child to miscarry shall, if such miscarriage be not
caused in good faith for the purpose of saving the life of the woman, be punished
with imprisonment for a term which may extend to fourteen years or with fine or
with both”.
If a child dies as a result of an act done or omitted to be done by any person before
91
S. 228 Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990
92
S. 232 Penal Code Law, Cap 89, Laws of Northern Nigeria, 1963
or during its birth, the person who did or omitted to do such act is deemed to have
killed the child.93 Also, concealment of the birth of a child after delivery by a secret
disposition of its dead body is an offence punishable with imprisonment for two
years.94 All these are meant to protect the child before its delivery or immediately
after delivery, so that any person who is under any obligation to the child shall be
legally liable if, for any reason he does or refuses to do anything which negatively
child of less than seven years of age, in such a manner that grievous harm is likely
to be caused to it.96 The law imposes a duty on every person who, as head of a
family, has charge of a child under the age of fourteen years, who is a member of
his household, to provide the necessities of life for the child. If he defaults in the
performance of this duty, he is held to have caused any consequences which result
to the life or health of the child by reason of such default whether the child is
helpless or not.97
Similar duty is also imposed on anyone who has charge of another who by reason
inter alia of age is unable to withdraw himself from such charge and to provide
himself with the necessities of life. This is meant to protect the child from any form
93
S. 309 Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990 and S. 234 Penal Code Law, Cap 89,
Laws of Northern Nigeria, 1963
94
S. 329 and S. 239 Ibid Ahmed A.B. Op. cit. p. 170
95
Ahmed A.B, “An Appraisal of the Legal Rights of the Child in Nigeria”, Bayero Journal of Private and
Commercial Law Journal (2015) Vol. 1, No. 1. p. 170
96
S. 327 Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990 and S. 222 Penal Code Law, Cap 89,
Laws of Northern Nigeria, 1963
97
S. 301 Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990
of deprivation, so that the parent, guardian or any person responsible will be
committing an offence for not providing the child with the necessities of life like
provide his servant or apprentice under the age of sixteen years necessary food,
default then he or she is held to have caused any consequences, which result to the
life or health of the servant or apprentice by reason of such default.98 Section 219
of Criminal Code provides that a person who has unlawful carnal knowledge of a
girl under the age of eleven years commits a felony punishable with imprisonment
stipulated age to resort to or be on the premises for the purpose of unlawful sexual
intercourse with a man while Section 222 of Criminal Code provide that dealing
unlawfully and indecently with a girl under the age of thirteen years is an offence
punishable with imprisonment for two years, and if the girl is under the age of
eleven years, the offence is punishable with imprisonment for three years.
Any person who, having custody, in-charge or taking care of a girl under thirteen
prostitution of, or the commission of indecent assault upon such a girl, commits an
98
S. 302 Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990 and S. 238 Penal Code Law, Cap. 89,
of Northern Nigeria, 1963
offence punishable with imprisonment for two years. A person is deemed to be
responsible for any of the prohibited acts with respect to such a girl if he has
custody, in-charge or taking care of a child or young person who has attained the
age of four years but is under the age of thirteen years and he allows the child or
with imprisonment for six months or a fine of N100 or both. Section 223 of the
Criminal Code and Section 281 of the Penal Code provides that any person, who
procures a girl or woman under the age of eighteen years not being a common
any person, commits an offence punishable with imprisonment for two years.
Taking an unmarried girl under the age of eighteen years out of the custody or
protection and against the will of her father, mother or person having lawful charge
of her with intent that any man unlawfully has carnal knowledge of her is an
offence punishable with imprisonment for two years. The Penal Code contains an
omnibus provision dealing generally with cruelty to children and punishes it with
2003.
99
S. 238 Penal Code Law, Cap. 89, Law of Northern Nigeria, 1963
In considering the implementation of the rights of the children in Nigeria, this
Child Right Act based on its function as provided in section 5(b) to “coordinate
and enforce all other laws on trafficking in persons and related offences”.100
a. by the use of deception, coercion, debt bondage or any means, induces any
person under the age of 18 years to go from one place to another to do any
act with intent that such person may be, or knowing that it is likely that the
person will be forced or seduced into illicit intercourse with another person,
or
b. keeps, details or harbours any other person with intent, knowing or having
any person who procures or recruits any person under the age of 18 years to
100
Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2003
101
Section 15 Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2003
and is liable on conviction to imprisonment for a term of not less than 7
(2) any person who procures or recruits any person under the age of 18 years
(a) Procures, recruits, uses or offers any person under the of 18 years
imprisonment for a term of not less than 7 years and a fine of not less
than N1,000,000.00
102
S.16 ibid.
imprisonment where he administered or stupefied the victim with any
drug substance.103
child under the age of 12 years as domestic worker, commits an offence and
(a) a term of not less than 2 years imprisonment where the child is
(b) a term of not less than 3 years where the child is defiled or
104
Section 23 Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2003
It is also important to state here that when trafficking became a national
Government was compelled to start taking action to combat it. The Trafficking in
Persons Act created various offences against the exportation of children out of
Nigeria and their importation for forced or seduced prostitution, the procurement
of children through deception, coercion, debt bondage with intent to use them for
of any child, and enticing or kidnapping a child or a person of unsound mind out of
Institutional Framework
In order to ensure the enforcement of the rights of a child, the law provided for
the operation of the law on child protection. These regulatory bodies include the
following:
This organization was created on July 14, 2003. The legal basis for the formation
Act 2003. The main target of NAPTIP is to carry out the mandate of Nigeria
human trafficking and prevent the rising scourge in line with the Trafficking in
Enforcement and Administration Act 2003 provides that there is established a body
other related matters in this act referred to as the Agency. The primary obligation
implementation strategies. Section 4 of the Act set out the functions to include as
follows:
The main idea of NAPTIP is to ensure the enforcement of the law and also
provides limits to its functions, which makes it impossible to map out other
This is one of the main functions of NAPTIP. The people of Nigeria should
prosecuted accordingly.
associated with this menace. The more people know about trafficking, the
better they are prepared to face the potential traffickers, kidnappers and
The law seeks to protect children against brutality which is a common issue most
Nigerians associate Nigerian Police force with, although the writer visited police
headquarter to find out if there is a specialize children unit, it was discovered that
at the Headquarters in Abakaliki, they created a desk for children related issues,
and such were the cases in all the stations across the state. However, the writer
interviewed one of the police officers under Specialize Children Unit, Kpirikpiri
Police Station, Copral Dennis Itang, who gave the account of so many reported
cases of rape, indecent assault causing grievous hurt, cruelty to child, criminal
frequent, but that they usually settled some case which like the case of rape, and
grievous hurt are usually referred to the state CID so that they can charge them to
court but that they are working on the modality to enable them charge the suspects
to court from their unit. It was revealed that most of the cases do not get to court
even when reported to the police due to the attitude of the parents, guardians, that
they are shy and afraid to go against their socio – cultural and religious beliefs
whose judges are trained on children issue so as to enable them preside efficiently
over the court.105 This is obtainable at both High Court and magistrate Court family
court units. The composition of the court with the appellant jurisdiction is provided
in the Act to include Judge and members of High Court who shall be appointed by
the Chief Judge of the State and shall consist of the following members:
ii. Person who has attributes of dealing with children and preferably in the area of
b. Two assessors as members, one of whom shall be woman and the other
person who has attribute of dealing with children preferably in the area of
105
Section 149-162 of the Child Rights Act, 2003
child psychology education.
In view of this provision, it is clear that the number of the panel that will preside
over the court with original jurisdiction must not be less than three members and
the court with the appellant jurisdiction must have five members panel.
The law provides the stages of the proceedings of the child justice administration,
dispositions.106 This is a process of dealing with the child offender which starts
from the stage of arrest to the stage of remanding such child offender in a remand
home. Sections 1 and 2 of the Child Rights, 2003 provides that the proceedings in
the court shall be conducive to the best interest of the child and shall be conducted
proceedings. The applicable rules in the proceedings in the court is the rule of the
court. The laws provide for the exclusion of the public from attending the
proceeding in ensuring the best interest of the child except the parties to the case.
d) Other person directly concerned in the case shall be allowed to attend the Court.
Accordingly, members of the press are excluded from attending the court.
106
Sections 204-278 of the Child Rights Act 2003
Child Rights Implementation Committee (CRIC)
the Child Right Law in Ebonyi State. The committee is established under Section
Women affairs, Education, Information, Health, Justice, Youth and sport, Labour
Service, State Agency for mass literacy, The council of chiefs, Nigerian Union of
Teachers, Civil society, Ebonyi State Law reform commission, Two Person to
children, One person to represent the Nigerian Union of Journalist, One person
each to represent each of the United Nations Agencies: (i) United Nation Children
and Such other persons or bodies as the commissioner may from time to time
appoint.
The functions of the state committee are as provided in section 24 (1) as follows:
i. Initiate action that will ensure the observance of the right and welfare of the child
ii. To collect and documents information on all matters relating to the rights and
Remand home is “a place where young people are sent when they are accused of a
crime and awaiting for their trial”.214 “A British institution to which juvenile
could be detained for corrective training. Since the Criminal Justice Act 1982, they
have been replaced by youth custody centres (now known as young offender
institutions).216
The Beijing rule provide that the objective of the institutions treatment of juveniles
Juveniles in institutions should also receive all the necessary assistance they
interest of their whole some development. The standard minimum rules on the
treatment of prisoners are also applicable to the treatment of juvenile offenders in
institutions.
recreation, religion, medical care, contact with the wider community, limitations on
the use of physical restraints and the use of force, disciplinary procedures, staffing,
The United Nations rules for the protection of juvenile deprived of their liberty
also provide specific principles that apply to all juveniles held in any form of
detention and in any kind of facility. They call for the classification of juvenile by
age, personality, sex and type of offence as well as by mental and physical health
The Criminal Justice Act 1991 also amended the law relating to remands and
committals of juveniles and applies essentially the same policy regarding their
person charged with or convicted of one or more offences, or commits him for trial
or sentence, and he is not released on bail the remand must be local authority
authority in whose area the child resides or where one of the offences was
committed. The court may require the juvenile to comply with any condition which
can be imposed under the Bail Act 1976, and the relevant authority may be given
remand or committal, the court may, after consultation with the local authority,
purpose of restricting liberty, and is approved for that purpose by the secretary of
state218.
The essence of remand home is to protect the children from having contact with
the adult offenders in the prison, to prevent negative influence which will make the
children harder, children are usually kept in remand home pending the
reformation centre for children who are criminals or hardened there is a formal
school and vocation within the centre so as to empower them educationally and
economically, at this centre the children are provided with psycho social support so
as to help them overcome their addicted bad habit. Child Right Law 2010 of Niger
State did not make any provision for remand home and borstal home. Instead the
law provided for in Section 54 (1) that “Detention pending trial shall: if possible
Ebonyi state ministry of women affairs and social Development like the federal
on gender and children issues, issues affecting persons with disabilities and the
The basic functions of the ministry of women affairs and social development are as
follows:
Providing an enabling environment that will ensure the maximum and
set targets enumerated in the Child’s Right Act 2003, the National Economic
Children in Nigeria;
Taking steps that support the elimination of all social culture practices that
Advocating for the passages and enforcement of laws that protect and
project the interest of the ministry’s target groups, particularly the Child’s
services;
Mobilizing and administering of subventions and grants to National
Government Organisations;
organizations;
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Idowu A.A, "Child Trafficking in Africa" in Ondo State Law Journal, (2004), Vol. 1 No.1, p. 2.
Iguh, N. A and Onyeka N, An Examination of the Child Rights Protection and Corporal Punishment in Nigeria.
Available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2399314 accessed 19/12/2017
Ajanwachukwu M.A, A Critical Review of the Legal Framework on the Definition of a Child in Nigeria, Abuja
journal of Public and International Law Vol 2&3, August 2012.
Labinjo v. Abake (1924) 5 NLR 33
To attain the age of majority in Nigeria, the position in Labinjo v. Abake supra of 21 years as distilled in the Infant
Relief Act (1874) has been altered to 18 years by the 1999 Constitution of the Federal Republic of Nigeria. The age
of 18 for majority or adulthood has also been affirmed by the Nigerian Electoral Act of 2004 which provides for full
Adam, E. M, Arabian Journal of Business and Management Review (OMAN Chapter) Vol. 2, No.8, March. 2013
Available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2399314
Alemika, etal, in their report on Rights of the Child in Nigeria discussed the Children and Young Peoples Law,
available at http://hdi.handle.net/10500/12171 28th December, 2012.
Prof. Patrick Ehi Oshio, Professor of Business Law Dean, Faculty of Law, University of Benin, 2000-2002 and 2006-
2008.
Bernard Bekink is a full professor in the Department of Public Law, Law Faculty, University of Pretoria
http://hdl.handle.net/10500/12171 28th December, 2012
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Ahmed A.B. “An Appraisal of the Legal Rights of the Child in Nigeria”, Bayero University Journal of Private and
commercial Law.
Dankadai, L.B., The Legal Protection of Children Against Exploitative Child Labour, (2010), BUJPL. Vol. 2 No. 1,
P111.
www.womenaffairs.gov.ng/nigeriacedawreport. Accessed 1st August, 2015
http://disnaija.com/unicef-worries-over-merging-of-children-with-criminals. Accessed 1/8/2017
www.allafrica.com/stories/200408040683.html. accessed 1st December, 2017.
Ibid
ibid
https://plateaunewsonline.wordpress.com/the-plateaustate-ministryofwomenaffairs. Accessed 1st August, 2015
www.unicef.org/nigeria/protection2169.html. Date of access, 2/11/2017
Ladan Tawfiq, member of the Expert Working Group on Children's Rights and Juvenile Justice Administration in
Nigeria, quoted in: Amnesty International, Nigeria: The Death Penalty and Women under the Nigerian Penal
System, February 2004, p.13. Available under http://www.web.amnesty.org/library/print/ENGAFR440012004.
UNFPA, quoted in Integrated Regional Information Networks (IRIN), Nigeria: “UNFPA to spend $40 million on
reproductive health, May 11th 2004”. Available under http://www.irinnews.org/print.asp?ReportID=36378.
http://www.undp.org/hdr2003/indicator/indic_290.html. “UNDP, Human Rights Development Indicators 2003”
http://www.terredeshommes.org/wpcontent/uploads/2013/06/20130322protect-our-future-summary-
docu
section 36(12) of the constitution of the Federal Republic of Nigeria, 1999 as amended.
ADAM, E.M, Arabian Journal of Business and Management Review Vol.2,No.8, March. 2013 p.14
Section 156 (a-d) CRA “the records of a child offender shall be strictly confidential.” See Section 205 (3) CRA
Section 157 (2) CRA
See generally section 205 of the Child Rights Act, 2003.
Section 211 (1) (a) (i) and (ii) of the Act.
Section 213 (2) of the Act. See also Section 17 of the Children and Young Persons Law of Ebonyi State
Section 216 of the Child Rights Act 2003.
Section 215 (1) (a) of the Child Rights Act 2003
Cap C28 Laws of the Federation of Nigeria 2004
Section 17, Laws of the Federation of Nigeria [1960 No. 30] 2004. The Penal Code generally allows caning
and even the Penal Codes laws applicable in the different Northern States also apply caning as a form of
punishment.
Theresa Temitayo Williams vs. Rasheed Ahmed Williams (1987) 4 S.C.N.J 22.
S. 309 Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990 and S. 234 Penal Code Law, Cap 89,
Laws of Northern Nigeria, 1963
S. 329 and S. 239 Ibid Ahmed A.B. Op. cit. p. 170
Ahmed A.B, “An Appraisal of the Legal Rights of the Child in Nigeria”, Bayero Journal of Private and
Commercial Law Journal (2015) Vol. 1, No. 1. p. 170
S. 327 Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990 and S. 222 Penal Code Law, Cap 89,
Laws of Northern Nigeria, 1963
S. 301 Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990
S. 302 Criminal Code Act, Cap 77, Laws of the Federation of Nigeria, 1990 and S. 238 Penal Code Law, Cap. 89,
of Northern Nigeria, 1963
S.16 ibid.
Section 17 of Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2003