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Summary: General overview of Nigeria's national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law Constitution- The Constitution contains two articles that make specific provision for the rights of children: Note on the Nigerian legal system- The Nigerian legal system is extremely complicated by virtue of federalism and the coexistence of numerous legal systems. Across its 36 states, Nigeria is governed by a combination of federal law, state law, and pre-independence English law. State law can be further subdivided into statutory legislation, customary law and Sharia law. This can result in wide variations in applicable law, particularly in areas that pertain to the family, where customary law has a strong role. Notably, juvenile justice and criminal activity are also covered by a mix of state and federal criminal codes as well as a Sharia penal code, all of which have particular importance for offences committed by and against children. Legislation- Notwithstanding the complicated nature of the Nigerian legal system, it is possible to identify a number of important pieces of legislation in relation to children's rights. The most salient federal legislation includes the Children and Young Persons Act 1943 and the more recent Child Rights Act 2003, which had been adopted in some form in 24 states by the end of 2010. Other relevant legislation includes, but is by no means limited to: Federal law: State law: Legal Research Case Law Case Law Research Compliance with the CRC In depth analysis: With regards to corporal punishment, the Committee noted that the relevant provisions of the Criminal Code and Children and Young Persons Act remained inconsistent with the State's obligations under the Convention. Particular attention was drawn to the legality of such activities in the home, and by order of the courts under Sharia law. Similarly, whilst the Committee welcomed the Elimination of Violence in Society Bill, and the adoption of state legislation prohibiting acts of violence against girls and women, it remained concerned about the continued violence against children, especially gender-based violence. A fundamental area of concern with regards to compatibility lies in the variation in laws between the federal states. For example, whilst the Child Rights Act sets the minimum age for marriage at 18 years, the definition of a child in state legislation is set at 16 years in some states and as young as "puberty" in states such as Jigwa. Current legal reform projects
The Constitution of the Republic of Nigeria ("the Constitution") provides that in "no treaty...shall have the force of law to the extent to which any such treaty has been enacted into law by the National Assembly". In practice, this means that the Convention is not directly applicable, but rather must be given effect through federal and state legislation.
The Nigerian National Assembly maintains an official website (http://www.nassnig.org/nass/legislation.php), which offers the full text of some legislation under consideration or recently adopted. The GlobaLex initiative at New York University has published a guide to legal research in Nigeria (http://www.nyulawglobal.org/Globalex/Nigeria1.htm), and the Nigerian Legal Information Institute (http://www.nlii.org/) and Nigeria Law (http://www.nigeria-law.org/LawLibrary.htm) websites provide free internet access to a limited number of legal resources. The U.S. Library of Congress (http://www.loc.gov/law/help/guide/nations/nigeria.php) and World Legal Information Institute (http://www.worldlii.org/catalog/2163.html) have also complied a selection of relevant links, and an electronic version of the Constitution can be found on the Nigeria Law website (http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm).
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.
The Nigerian federal court system does not appear to maintain a significant presence on the web. The Court of Appeal provides access to decisions from some branches on its official site (http://www.courtofappeal.gov.ng/), however, and selected judgments of the Supreme Court are available on Nigeria Law (http://www.nigeria-law.org/LawReporting.htm).
In 2010, the CRC expressed concern that large sections of Nigerian law were not compatible with the Convention. While the Committee welcomed the adoption of the Child Rights Act by 24 states, it was concerned that "most northern states of the State party have not yet domesticated the CRA and about reports that some states that have passed such legislation have adopted a definition of the child which is not in compliance with that of the Convention." The Committee also expressed regret "that a comprehensive review on the compatibility of the existing statutory, religious (Sharia) and customary laws with the Convention and the Child Rights Act has not been carried out", and reiterated its previous recommendations regarding the harmonisation of minimum ages and definitions, the death penalty, juvenile justice, corporal punishment, and children with disabilities.
Areas that the Committee considered to fall short of the principles and rights of the Convention were diverse. Of particular concern were the accusations that an estimated 40 prisoners were on death row for crimes committed when they were below the age of 18, as well as the absence of a minimum age of criminal responsibility. Although a bill to outlaw torture was before the National Assembly at the time of the last report, the Committee expressed its utmost concern that torture was reported to be widespread in police custody, and may be inflicted on victims as young as 11 years of age.
As of 2010, an Anti-Discrimination Bill and Elimination of Violence in Society Bill that promise to positively impact children's rights were both making their way through the Nigerian legislative process.