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Child Rights Act in Nigeria: A Hoax or A Fail?
Subject area: Arts, Social Sciences and Humanities · Area of research: Social Sciences
DOI: https://doi.org/10.64388/IREV9I12-1718649
Abstract
Two decades after the enactment of the Child’s Rights Act (CRA) 2003, Nigeria remains a primary theater for child rights violations, ranging from systemic child marriage to a staggering population of out-of-school children. This article interrogates the legal efficacy of the CRA, questioning whether it constitutes a "legislative hoax”, a mere symbolic gesture to international treaties or a "systemic fail" due to structural and constitutional bottlenecks. Utilizing a doctrinal research methodology and a comparative analysis of state adoption (Lagos, Anambra, and Kano), the study identifies a "Constitutional Paradox" created by Section 29(4)(b) of the 1999 Constitution and the absence of specialized Family Courts as the primary drivers of this failure. The findings suggest that while the CRA provides a robust legal framework, it remains a "paper tiger" in the face of deep-seated customary and religious resistance. The article concludes by recommending a radical harmonization of the Constitution with the CRA and the mandatory funding of child-specific judicial divisions. It asserts that until the Nigerian state prioritizes enforcement over mere enactment, the rights of the Nigerian child will remain a grand legislative illusion.
Keywords
Child Rights Act 2023, Section 29 (4) (b) Constitution, Child marriage in Nigeria, Family court system, Legislative Domestication, Nigerian Jurisprudence.
How to cite this paper
@article{1718649,
author = {C. S. Ocholi},
title = {Child Rights Act in Nigeria: A Hoax or A Fail?},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {9},
number = {12},
pages = {464-468},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1718649.pdf},
abstract = {Two decades after the enactment of the Child’s Rights Act (CRA) 2003, Nigeria remains a primary theater for child rights violations, ranging from systemic child marriage to a staggering population of out-of-school children. This article interrogates the legal efficacy of the CRA, questioning whether it constitutes a "legislative hoax”, a mere symbolic gesture to international treaties or a "systemic fail" due to structural and constitutional bottlenecks. Utilizing a doctrinal research methodology and a comparative analysis of state adoption (Lagos, Anambra, and Kano), the study identifies a "Constitutional Paradox" created by Section 29(4)(b) of the 1999 Constitution and the absence of specialized Family Courts as the primary drivers of this failure. The findings suggest that while the CRA provides a robust legal framework, it remains a "paper tiger" in the face of deep-seated customary and religious resistance. The article concludes by recommending a radical harmonization of the Constitution with the CRA and the mandatory funding of child-specific judicial divisions. It asserts that until the Nigerian state prioritizes enforcement over mere enactment, the rights of the Nigerian child will remain a grand legislative illusion.},
keywords = {Child Rights Act 2023, Section 29 (4) (b) Constitution, Child marriage in Nigeria, Family court system, Legislative Domestication, Nigerian Jurisprudence.},
month = {June},
doi = {https://doi.org/10.64388/IREV9I12-1718649}
}