Child’s Rights and Access to Justice in Nigeria

Contributor: Oby Umeh

Introduction

The legal rights of Nigerian children are outlined in a range of national laws and international agreements. These laws are grounded in key principles that focus on safeguarding human life, preventing harm, upholding human dignity, and fostering human development. These principles affirm the fundamental idea that children are the cornerstone of society and vital to its future. As such, the survival and progress of human society rely on the protection, care, and growth of children.

However, despite these legal provisions, the effective enforcement and realization of children’s rights in Nigeria remain a significant challenge. Many children continue to face barriers to accessing justice, including issues related to poverty, inadequate legal representation, cultural practices, and systemic shortcomings within the justice system. This gap in legal protection raises critical concerns about the extent to which children’s rights are truly protected in the country.

Access to justice for children is not only a matter of ensuring their legal rights are upheld but also a matter of providing a framework where their voices are heard, their needs are addressed, and their best interests are prioritized. The child justice system must be accessible, fair, and responsive to the unique needs of children, particularly those from vulnerable backgrounds. As Nigeria moves toward fulfilling its commitments under national laws, such as the Child Rights Act of 2003, and international treaties like the United Nations Convention on the Rights of the Child (CRC), addressing the gaps in access to justice for children becomes an urgent priority.

This article seeks to explore the landscape of child rights and access to justice in Nigeria, examining the legal framework, challenges, and opportunities for improving the protection of children’s rights. By analyzing the current state of legal protections and identifying key areas for reform, the article will shed light on how Nigeria can better uphold the rights of its youngest citizens, ensuring their right to justice is not only a theoretical promise but a lived reality.

National Legal Rights of Children in Nigeria

Nigeria’s legal framework for protecting children’s rights is built on a combination of national laws, constitutional provisions, and international treaties. These laws aim to ensure that children in Nigeria have access to fundamental human rights and are safeguarded from harm, abuse, and exploitation. However, the enforcement of these rights has often been a challenge due to gaps in implementation, social practices, and systemic issues within the country. This section delves into the key national legal instruments that protect the rights of children in Nigeria.

The Constitution of the Federal Republic of Nigeria (1999)

The Nigerian Constitution enshrines the protection of the rights of children under its general human rights provisions. Key provisions relevant to children’s right include:

• Right to Life^[1]The constitution guarantees the right to life for every individual, including children. It provides that no one shall be deprived of their life intentionally, except in certain situations such as self-defence.
• Right to Education^[2]The constitution mandates that the government provide free and compulsory education at the primary level^[3], free university education^[4]. The constitution provides for the government’s provision of science and technology^[5].
• Protection from Exploitation and Abuse: While not explicitly stated in one provision, the Constitution generally prohibits any form of inhumane or degrading treatment, which includes protection from child labour, child trafficking, and exploitation.

Though the Constitution offers a foundation for the protection of children’s rights, it does not address child-specific issues in detail. This gap is filled by other national legislation, particularly the Child Rights Act of 2003.

The Child Rights Act (CRA) of 2003

The Child Rights Act 2003 is Nigeria’s principal legislation governing the rights of children. The Child Rights Act provides a comprehensive framework for child rights, with particular focus on ensuring the protection, development, and welfare of children.

This Act was introduced to fully implement the provisions of the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Parts II and III of the Act focus on the Rights and Responsibilities of a Child, as well as the Protection of a Child’s Rights. Below is a brief discussion of some of the rights outlined in the Child Rights Act.

Some sections of the Child Rights Act include:

• Right to Survival and Development^[6]: The Child Rights Act recognises every child’s inherent right to life, survival, and development. It establishes the obligation of the government and parents to ensure the child’s well-being, including access to necessities such as food, shelter, and healthcare.
• Right to Education^[7]: The Act mandates that every child has the right to free, compulsory, and quality education. This is consistent with the Constitution’s requirement for primary education.
• Protection from Harmful Practices^[8]: The Child Right Act prohibits all forms of child exploitation, including child labour, trafficking, and early marriage. It emphasizes the need to protect children from harmful cultural practices, child soldiers, and any form of violence.
• Right to Health and Health Services^[9]: Every child is entitled to enjoy the best attainable state of physical, mental, and spiritual health. Every Government, parent, guardian, institution, service, agency, organization, or body responsible for the care of a child shall endeavour to provide for the child the best attainable state of health^[10].  

LABOUR ACT:

Sections 59-61 of the Labour Act provide for the types of work that a child may be legally employed for. A child is prohibited from being employed in any form of work, except where the employment involves light duties related to agricultural, horticultural, or domestic tasks, and is carried out under the supervision of a family member, subject to approval by the Minister of Labour^[11]. Additionally, a child must not be required to carry, move, or lift objects that are so heavy as to pose a risk to their physical development.

Furthermore, no young person under the age of 16 may be employed without the consent of their parent or guardian^[12]. Additionally, such a person must not be engaged in work that requires them to be absent from their home overnight^[13].

Access to Justice for Children in Nigeria

Access to justice is a fundamental right that ensures individuals can seek legal remedies and protection under the law. For children in Nigeria, this right is often compromised due to systemic and social barriers. Many children, particularly those from marginalized backgrounds, struggle to navigate the legal system, making them vulnerable to rights violations without adequate recourse.

The Child Rights Act provides for the establishment of the Family Court to ensure a specialised legal system for children.

Section 149: Establishes the Family Court for each state and the Federal Capital Territory, Abuja, to handle matters related to children.

Section 150: The Court operates at two levels:

• • The High Court level as a division of the High Court.
  • The Magistrate Court level as a Magistrate Court.

Section 151: Grants the Court jurisdiction over civil and criminal proceedings involving children, ensuring fair legal processes for their cases.

Section 152: Defines the structure of the Family Court at the High Court level, requiring the presence of judges and assessors specialized in child-related matters.

Section 153: Defines the structure of the Family Court at the Magistrate level, requiring magistrates and child development officers to handle cases.

Section 155: Ensures that children have the right to legal representation and access to free legal aid.

Section 156: Restricts public access to child-related court proceedings, ensuring privacy and protection for children.

Section 157: Prohibits the publication of a child’s identity in legal proceedings, with penalties for violations.

Section 158: Mandates that all proceedings in the Family Court prioritize the best interests of the child.

These provisions establish a framework for handling child-related cases in a sensitive and child-friendly manner, ensuring that children receive proper legal attention and protection.

Challenges in Accessing Justice

Despite the legal framework, several challenges hinder children’s access to justice in Nigeria:

1. Illiteracy: Many children and their families are unaware of their legal rights due to a lack of education, making it difficult for them to seek justice^[14].
2. Cultural and Social Barriers: In some communities, cultural norms discourage reporting cases of abuse or exploitation, preventing children from seeking justice.
3. Inadequate Child-Friendly Judicial Processes: The Nigerian justice system often lacks child-sensitive mechanisms, such as specialized courts or procedures tailored to children’s unique needs^[15].
4. Poverty and Financial Constraints: Many families cannot afford legal services, making justice inaccessible to children from low-income backgrounds^[16].
5. Delayed Legal Proceedings: Prolonged court cases discourage children and their families from pursuing justice, leading to case withdrawals or unresolved disputes.

By addressing these challenges and strengthening legal frameworks, Nigeria can move closer to ensuring that every child, regardless of their background, has access to justice and protection under the law.

Conclusion

Ensuring access to justice for children in Nigeria is crucial for upholding their rights and protecting them from exploitation and abuse. Despite the legal frameworks provided by the Constitution and the Child Rights Act, challenges such as poverty, illiteracy, and weak legal institutions continue to hinder children’s ability to seek justice. The establishment of Family Courts is a positive step, but more must be done to implement child-friendly legal systems, provide free legal aid, and raise public awareness about children’s rights.

Nigeria’s commitment to international treaties such as the United Nations Convention on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child reinforces the need for stronger implementation of child-focused legal protections. Collaboration with international organizations such as UNICEF can further enhance advocacy efforts and legal reforms.

A collective effort from the government, legal professionals, social workers, and the community is necessary to bridge the gap between legal provisions and real-life implementation. By strengthening legal institutions, increasing access to education, and fostering advocacy, Nigeria can create a more just and equitable society where every child has the opportunity to thrive and seek justice without barriers.

REFERENCE

1. Section 33 of the 1999 Constitution ↑

2. Section 18 of the 1999 Constitution ↑

3. Section 18 (3) (a) of the 1999 Constitution ↑

4. Section 18 (3) (b) of the 1999 constitution ↑

5. Section 18 (2) of the 1999 Constitution ↑

6. Section 3 of the Child Right Act ↑

7. Section 15 of the Child Right Act ↑

8. Section 35 of the Child Right Act ↑

9. Section 13 of the Child Right Act ↑

10. Section 13 (2) of the Child Right Act ↑

11. Section 59 of the Labour Act ↑

12. Section 60 of the Labour Act ↑

13. Section 61 of the Labour Act ↑

14. Unicef Convention on the Rights of the Child mailto:https://www.unicef.org/child-rights-convention?subject=https://www.unicef.org/child-rights-convention accessed 21^st February 2025 ↑

15. Ibid ↑

16. O.I Tajudeen, Legal Framework for The Protection Of Child Rights In

    Nigeria mailto:http://univagora.ro/jour/index.php/aijjs?subject=http://univagora.ro/jour/index.php/aijjs accessed 21st February 2025 ↑