A NEWS BRIEF
Stakeholders have called for an urgent review of the Child Rights Act 2003, highlighting the critical need to update the law to reflect the current realities facing the Nigerian girl child. This call to action was made during an X Spaces event focused on addressing child marriage in Nigeria, held on Thursday, August 8, 2024, by the Centre for Journalism Innovation and Development (CJID). One of the speakers, who is a Program Manager at the Women Advocate Research and Development Centre, Emmanuella Azu, passionately argued that the act is “completely outdated” and requires immediate attention, suggesting that a state of emergency be declared to address the deficiencies in the law that have left many Nigerian children vulnerable.
The speakers emphasised that since the enactment of the Child Rights Act in 2003, significant social, economic, and political changes have occurred in Nigeria, rendering the current provisions inadequate. They pointed out that the act fails to address contemporary issues such as the plight of children in internally displaced persons (IDP) camps, the rise of child recruitment into militancy, and the exploitation of children in conflict zones.
One particularly troubling example cited by one of the speakers referred to a past incident involving a former governor of Nigeria, Senator Ahmad Yerima, who married a 13-year-old Egyptian girl. The case, which gained national attention, highlighted a major flaw in the Child Rights Act that allowed the governor to avoid prosecution, demonstrating the urgent need for comprehensive legal reform.
As Nigeria continues to grapple with the challenges of child marriage, child labour, and other forms of exploitation, the speakers at the event reminded the audience that protecting the rights of children is not just a legal obligation but a moral imperative that requires urgent and decisive action. The conversation naturally shifted towards the potential pathways for overcoming these deep-rooted challenges in Nigeria. The speakers agreed that while the obstacles are formidable, they are not insurmountable.
Sierra Leone was mentioned as a case in point. Despite facing similar religious and traditional sentiments that could have easily derailed the legislative process, the Sierra Leonean government demonstrated the necessary political will and sincerity to push through progressive legislation. They understood that protecting children’s rights was paramount and took the necessary steps, regardless of the cultural and religious complexities involved.
In contrast, the speakers highlighted how the Nigerian government often hides behind the country’s multi-ethnic, multi-religious, and multicultural setting as an excuse for inaction. This tendency to retreat into the complexities of Nigeria’s diversity has, time and again, stymied efforts to amend laws like the Child Rights Act, leaving children vulnerable to practices like child marriage, which continue to thrive under the cover of outdated legislation.
A recurring theme in the discussion was the urgent need to establish a clear and universal definition of a child across Nigeria. The absence of a nationally accepted age of adulthood has allowed harmful practices like child marriage to persist, as different regions and laws apply varying standards based on local customs and interpretations. The speakers underscored that defining a child as anyone under the age of 18, uniformly across all states, would be a significant step towards curbing child marriage and other forms of child exploitation.
This definition, they said, must then be integrated into the Child Rights Act and other related legislation to ensure consistency and effectiveness in protecting children’s rights. Once the age of a child is clearly defined, the next step would be to amend the provisions of the Child Marriage Act and related laws to align with the definition.
The discussion also touched on the challenges of amending the Nigerian Constitution, particularly in relation to section 29(4)(b) of the 1999 constitution as amended, which states that ‘“any woman who is married shall be deemed to be of full age.” According to Amina Bintu, Muhammad indirectly supports child marriage. As she pointed out, previous attempts to remove discriminatory clauses from the Constitution have been met with significant resistance, often under the guise of protecting religious and cultural values. However, the speakers agreed that this resistance must be overcome if Nigeria is to truly protect the rights of its children.
According to the speakers, amending the constitution is undoubtedly a complex process which requires approval from two-thirds of the National Assembly and subsequent ratification by two-thirds of the State Houses of Assembly. They, however, emphasized that this challenge is not insurmountable, adding that achieving it requires a concerted effort from all stakeholders, including civil society, the media, international partners, and, most importantly, the government.
One of the speakers, Emmanuella Azu, took the time to thoroughly explain the provisions of the Sierra Leone Prohibition of Child Marriage Law 2024, highlighting its comprehensive and progressive nature. In her words, ‘’the law is a significant legislative achievement, effectively banning all forms of child marriage and protecting the rights of children in Sierra Leone.’’ She pointed out that the law is divided into seven broad parts, each addressing different aspects of child marriage prevention and protection.
According to her, the law’s first part explicitly prohibits child marriage, covering both new cases and those that existed before the law was enacted. This means that children in existing child marriages have the legal opportunity to annul those marriages, and even adults who were married as children can petition to have their marriages annulled.
In the second part, the law criminalizes not only the act of contracting a child marriage but also any involvement in the process. This includes those who officiate, attend, or promote such marriages. The law ensures that everyone involved, from the officiating religious or traditional leader to any guests at the marriage ceremony, can be held criminally liable.
The third part makes it clear that cohabiting with a child, even without formal marriage, is also a criminal offence. If immoral acts, including sexual intercourse, are proven to have occurred during cohabitation, the offenders can be prosecuted under this law.
The fourth part discusses the status of child marriages conducted before and after the law’s enactment, reinforcing the ability to void such marriages. The fifth and sixth parts grant judges significant discretion in dealing with cases of child marriage, including the ability to issue injunctions to prevent marriages from taking place.
Finally, the law includes strong penalties for violations, with most offences carrying a 15-year prison term or a fine of 50,000 Sierra Leonean Leones, or both, depending on the severity of the offence. The speaker emphasized that this law is a clear indication that Sierra Leone is serious about ending child marriage, urging Nigeria to take a cue from Sierra Leone’s proactive stance on child marriage.
‘’By adopting a law similar to Sierra Leone’s, Nigeria could significantly strengthen its efforts to protect children, uphold their rights, and ensure that no child is forced into a marriage against their will.’’ The speaker’s call to action was clear, Nigeria must emulate Sierra Leone and take decisive legislative action to end child marriage and safeguard the future of its children.
The conversation concluded with a series of recommendations aimed at driving the necessary legislative and social changes to protect Nigerian children:
- National campaigns for awareness and advocacy: Launch nationwide campaigns to raise awareness about the importance of protecting children’s rights and the need to amend outdated laws. These campaigns should involve all stakeholders, including religious and traditional leaders, to build broad-based support for legal reforms.
- Engagement with religious and traditional leaders: Engage with influential religious and traditional leaders to address their concerns and garner support for the necessary legislative changes. These leaders play a critical role in shaping public opinion and can be powerful allies in the fight against child marriage.
- Strengthening legislative advocacy: Strengthen advocacy efforts within the National Assembly and State Houses of Assembly to push for the amendment of the Constitution and the Child Rights Act. This includes building coalitions of lawmakers committed to children’s rights and championing these causes within their respective legislative bodies.
- International pressure and support: Leverage international pressure and support to hold the Nigerian government accountable for its obligations under international human rights treaties, including children’s rights.
- Monitoring and reporting: Establish robust mechanisms for monitoring and reporting on implementing children’s rights laws across Nigeria. This would include regular reviews of how well the laws are being enforced and identifying areas where further reforms are needed.
