The Child Rights Act (CRA) of 2003, a federal law aimed at protecting Nigerian children, is due for review 23 years after its enactment. The law unified child protection, defining a child as anyone under 18, and outlawed practices such as child marriage, trafficking, and forced labor. Section 28-30 of the Act specifically prohibited using children for hawking, domestic servitude, and trafficking, giving the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) the legal backing to prosecute offenders. Since its enactment, over 20,000 child trafficking cases have been tracked.
The CRA has been domesticated in 35 states and the Federal Capital Territory (FCT), with Kano being the only state still struggling with its implementation. The law has also become a tool for advocacy, with international organizations like UNICEF, Save the Children, and ActionAid using it to train police, teachers, and traditional rulers. Section 13 and 15 of the Act provided for free, compulsory basic education and free primary healthcare, allowing individuals to sue the government for denying a child access to school. Additionally, the law created family courts, banned the death penalty and life imprisonment for children, and introduced correctional centers instead of prisons.
Despite the progress made, stakeholders argue that the law is due for review to address implementation gaps and emerging challenges. Legal experts cite weak punishment for child traffickers, digital threats like cyber-bullying and child pornography, and issues related to conflict and internally displaced persons (IDP) children as areas that require attention. The review process aims to strengthen the law to face today's realities, with stakeholders emphasizing the need for enforceable legislation to enhance the development and welfare of Nigerian children.
A national stakeholders' engagement on the review and amendment of the CRA was recently held in Abuja, with the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, emphasizing the importance of investing in the Nigerian child. He noted that development of Nigerian children was inseparable from the development of the country and urged participants to understand that the engagement was not merely to commemorate the existence of the Act but to address the gap between rights guaranteed by law and those enjoyed by Nigerian children in reality.
The AGF added that child rights should not be regarded as a peripheral social issue but fundamental to human capital development, national security, social stability, and sustainable development. He emphasized that every child protected from violence, given access to quality education, and provided with adequate healthcare represents an investment in Nigeria's future. The stakeholders' engagement aimed to produce recommendations that close the gaps between legislative intent and judicial enforcement.
The Co-Chair of the Review Committee, Justice Suzzette Nyesom-Wike, commended stakeholders for their efforts towards the review of the CRA and urged participants to bring their wealth of experience to bear on the process. The Chief Judge of the Federal High Court, Justice John Tsoho, called on participants to consider the prevailing circumstances affecting the development and welfare of Nigerian children, including the pressures of the digital age, insecurity, child labor, and child marriage.
The review process aims to address the challenges facing Nigerian children, including the lack of uniform domestication and enforcement of the Act across states. Stakeholders are calling for urgent amendment to enforce paternity and child support, rehabilitation rights for children who are victims of drug abuse, and stronger enforcement mechanisms. The outcome of the review is expected to provide clearer definitions, adequate provision for child-friendly court procedures, and enhanced protection for Nigerian children.
Key points
- The Child Rights Act 2003 requires review to address implementation gaps and emerging challenges.
- Stakeholders emphasize the need for enforceable legislation to enhance the development and welfare of Nigerian children.
- The review process aims to strengthen the law to face today's realities and provide enhanced protection for Nigerian children.
