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1718649 Vol 9 · Issue 12 Download Paper

Child Rights Act in Nigeria: A Hoax or A Fail?

C. S. Ocholi

Subject area: Arts, Social Sciences and Humanities  ·  Area of research: Social Sciences

DOI: 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.

References

[1] Ezeilo.N, Women’s Rights in Nigeria: Problems and prospects in the new millennium (2000) presented at the National Human Rights Commission Umuahia.

[2] Former Australia High Court Chief Justice under the topic Justice, Society and US assessment and evaluation and community.

[3] Abugu U, ‘Legal Research Methodology and Applicable Procedures to Legal Research in Nigeria’ (Paper Presented at Virtual Workshop for Legal Research Assistants of National Judicial Institute, 17-18 August 2021). https://www.scribd.com/document/631347779/Untitled accessed 11 March 2026

[4] The Child Rights Manual: Bar Human Rights Committee of England and Wales (BHRC) & The United Nations Children’s Emergency Fund (UNICEF)

[5] Child Rights Act (2003), Cap C50, Laws of the Federation of Nigeria 2004

[6] Child’s Rights Law of Lagos State 2007, No.11, Laws of Lagos State Kano State Child Protection Law 2023. Constitution of the Federal Republic of Nigeria 1999 (as amended)

[7] Taiwo A, Basic Concepts in Legal Research Methodology: A Practical Guide on Writing

[8] Excellent Master’s and Doctoral Theses (St. Paul Publishing House 2011)

[9] Braimah AO,’ Child Marriage in Northern Nigeria: Section 29(4)(b) of the 1999 Constitution’ (2014) 21(4) Journal of African Law 12.

[10] Uzodike E, Nigerian family Law (2nd edn, University of Lagos Press 2010)

[11] Ayua IA, ‘The Nigerian Child and the Law’ (2004) 1 Nigerian Journal of Family Law 45

[12] Nnamchi O, ‘The Child’s Right Act 2003: A Silver Bullet for the Nigerian Child?’ (2010) 4 (1) Nigerian Journal of Law and Development 88

[13] The Nigeria Bureau of Statistics, ‘Multiple Indicator Cluster Survey (MICS 6) 2021’ (Federal Republic of Nigeria 2022). <www.nigerianstat.gov.ng> accessed 26 March 2026 <https://mics.unicef.org/surveys >accessed 11 March 2026

[14] <https://leadership.ng/insecurity-scourge-of-out-of-school-children/:~:text=the stark reality confronting Nigeria, the highest in the world> accessed 23 March 2026

How to cite this paper

C. S. Ocholi "Child Rights Act in Nigeria: A Hoax or A Fail?" Iconic Research And Engineering Journals Volume 9 Issue 12 2026 Page 464-468 https://doi.org/10.64388/IREV9I12-1718649
C. S. Ocholi "Child Rights Act in Nigeria: A Hoax or A Fail?" Iconic Research And Engineering Journals, vol. 9, no. 12, Jun. 2026, doi: https://doi.org/10.64388/IREV9I12-1718649
C. S. Ocholi (2026). Child Rights Act in Nigeria: A Hoax or A Fail?. Iconic Research And Engineering Journals, 9(12). doi: https://doi.org/10.64388/IREV9I12-1718649
C. S. Ocholi "Child Rights Act in Nigeria: A Hoax or A Fail?" Iconic Research And Engineering Journals, vol. 9, no. 12, Jun. 2026. Crossref, https://doi.org/10.64388/IREV9I12-1718649
@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}
  }