Have Parents and Government fulfilled their Responsibility to the Nigerian Child? 

Happy Children’s Day to all who, according to Section 277 of the Child’s Rights Act 2003 (CRA), are children, that is, those who are below the age of 18. Section 1 of the CRA provides inter alia, that the best interest of the child shall be primary consideration, while Section 3 thereof reinforces the applicability of Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), that is, Fundamental Rights, to children (also see Section 6-17 of the CRA). 

I have seen different themes for 2025 Children’s Day such as, “Look Up”. Another theme, “Children: Our Future and Our Responsibility”, is apt for this discussion. How well have Parents and Government lived up to their responsibilities to the children of Nigeria, and protected their fundamental rights? Not that well, I would say. See NDPHC Ltd v Michael (2024) LPELR-79937(SC) per Tijjani Abubakar, JSC on the importance of fundamental rights. Even though Nigeria is one of the 196 countries that has ratified the UN Convention on the Rights of the Child, Adopted by the UN in 1989, came into force in 1990 and ratified by Nigeria in 1991, it appears that the CRA may be yet another law enacted by Nigeria, to give the impression that the country is in tune with international best practices; but, in reality, the CRA isn’t properly implemented, as the welfare of the Nigerian child doesn’t appear to be a priority.  

From the Beginning 

From birth, the life of majority of Nigerian children is hard. A few days ago, I asked Tunde to visit a Government Hospital in Lagos, to do some findings. Tunde found 15 babies (13 female 2 male), some, newborn, some, a few months old, one who had even been found abandoned on the street possibly by her mother; babies who couldn’t be discharged from the hospital after being born or falling sick, because their parents couldn’t afford to pay their hospital bills - one bill was as low as N25,000. The first failure of the Nigerian system. Children from poor families are unable to be born comfortably, or get medical treatment. I do agree that Family Planning should be taught much more aggressively, so that people learn that it’s wrong to keep having children that they cannot cater for; and part of the responsibility of creating such awareness amongst Nigerians, is something that should be borne by the people’s elected representatives; however, they have failed abysmally in this regard, and we seem to be having a population explosion instead.  

Education 

Then, despite the educational objectives set out in Section 18 of the Constitution (also see Section 15 of the CRA), Nigeria has possibly the highest number of out-of-school children in the world. As a result of insecurity and the targeting of school children for kidnapping by terrorists and criminals, starting with the Chibok Girls in 2014 (11 years later, over 100 of them remain unaccounted for, while Dapchi girl, Leah Sharibu hasn’t been found seven years on), some Parents have opted to keep their children at home for safety reasons. Many Parents also, instead of sending their children to school, prefer for them to engage in child labour to boost the family’s income - the children are made to work on farms, and hawk all sorts of goods on the streets of different Nigerian cities instead. Others are drafted into different households all over the country, to work as house helps (see Sections 12 & 28 of the CRA on a child’s right to leisure and prohibition from exploitative labour). Let us not forget children that are sexually abused and raped by family members and neighbours, and in the households where they are sent to do forced labour, or even by those on the streets where they hawk their wares, thereby inflicting physical and psychological damage on them for life. Already, the future of such children may be doomed to suffering, poverty and even crime. I find Section 28(1)(d) of the CRA a bit odd, as it provides that a child shall not be employed as domestic labour outside their own home or family environment. Does that mean that it is lawful for a child to be used as a domestic worker in their own homes, the way the ‘wicked step mothers’ use their step children, beating and starving them for good measure? 

On the side of Government, the different levels of Government have failed to meet the educational objectives. The standard of education in most Government Schools is low, while the condition of their facilities is extremely poor. I remember the scandal when Senator Adams Oshiomhole was Governor of Edo State, where he fished out a Primary School Principal who couldn’t read the affidavit attached to her credentials! Another one, who was unable to speak proper English, spoke in pidgin English, answering “Na me” when a student was asked who their teacher was! Pray tell, what would such people be able to teach children, in terms of formal education, not having any themselves?! This is so unfair to the Nigerian child, who is only able to be educated via the public educational system. 

While I was a Secondary School Student at Queen’s College, Yaba, Lagos, a Federal Government School, one daughter of a Head of State was my senior by a year, while a daughter of another Head of State was my junior by a couple of years. Today, one of the allegations levelled against former Governor of Kogi State is that he used State money to fund his children’s education at a private school, American International, Abuja, allegedly paying their fees in advance, until they all complete their education there. He didn’t send his children to Government schools, knowing that they are poorly funded and ill-equipped. But, Yahaya Bello isn’t alone in this - many top Government officials even send their children abroad to study, with funds they loot from the Nigerian treasury, while majority of the Nigerian children do not get the type of education that is required, due to all round paucity of funds. 

Contrast this state of affairs to a country like Finland, where the public education system is believed to be one of the best in the world, so much so that they do not really have private schools there. There is equal opportunity for all, regardless of wealth and social status. The children of the rich, top government officials and the poor, all attend public schools that deliver best quality education. And, when they get to the tertiary level, those who attend Nigerian Public Universities sometimes stay there much longer than they should, because of the incessant strikes of the Academic Staff Union. Certainly, Government has not fulfilled Section 18(1) of the Constitution, which mandates equal and adequate educational opportunities at all levels for all. In Nigeria, the ‘privileged’ children who are obviously in the minority, have the best opportunities, because they are able to pay.

Discrimination Against the Girl Child in Particular

The female child is worse off than her male counterparts, as she’s discriminated upon from childhood to adulthood. First, in some Nigerian cultures, the girl child’s right to dignity, humane treatment and protection, freedom from torture is ignored, as they are still made to undergo FGM (female genital mutilation). See Section 34(1)(a)-(c) of the Constitution & Sections 11, 16-17 of the CRA. Some little girls are cut (circumcised) even before the age of 5, or before they reach the age of 14. FGM is a criminal offence, punishable with up to 4 years imprisonment - see Section 6 of the Violence Against Persons (Prohibition) Act 2015. Aside from community health education on the dangers of FGM, those who perpetrate this heinous act against girl children, should be arrested and prosecuted to the fullest extent of the law. This will send a resounding message to all and sundry, that these outdated repugnant practices will no longer be tolerated by the society.

The girl child is also married off, many a time to older men from when they are as young as age 12. See Section 21-23 of the CRA which prohibits child marriage and betrothal, and prescribes a punishment of up to 5 years imprisonment for doing same (a felony offence). Also see Section 42(1)(a) of the Constitution which prohibits discrimination. As a result of their being physically underdeveloped, having not reached puberty, some girls end up as Vesicovaginal Fistula Patients (VVF) (urinary incontinence caused by an abnormal opening between the bladder and the vagina), after being made to have sex and get pregnant before their reproductive organs are fully developed. Because of the smell of the leaking urine, these girls are then usually evicted from their homes by their husbands and ostracised by society, due to no fault of theirs.   

A couple of States, Zamfara and Kano, are yet to domesticate the CRA. Zamfara is no surprise, because when the CRA was enacted in 2003, the then Governor, Ahmed Yerima himself, was alleged to prefer marrying underaged girls! Strangely, even though Section 29(4)(a) of the Constitution, in reference to naturalisation and renunciation of citizenship, sets full age at 18 and above, Section 29(4)(b) thereof unfortunately, makes a proviso that an underaged married girl is deemed to be of full age by virtue of her marriage. This is nonsense. How can you ‘deem’ a 12 year old to be 18, because they are married? This is a blatant lie. See the case of Orji v Dorji Textile Mills (Nig) Ltd & Ors (2009) LPELR-2766(SC) per Niki Tobi, JSC where the Supreme Court held inter alia that to deem “….means to treat a thing as being something that it is not, or as possessing certain qualities that it does not possess. It is a formal word, often used to create legal fictions”. Be that as it may, the boy child doesn’t suffer this kind of discrimination, as I have never heard of 12 year old boys, being forced to marry 35 or 40 year old women, like little girls are constrained to do! 

The discrimination against the girl child usually follows her into adulthood, and that’s why there are hardly any women in the Legislature, most of them in Ministerial positions are Junior Ministers, and there is still the ongoing affirmative action agitation for 35% of positions to be filled by women in all institutions.

‘Runs’

The failure of successive governments, coupled with corruption and other factors, has pauperised Nigerians. Many young-adult females are the ones who now take care of their families instead of the parents, and they also fund the education of their younger siblings by doing ‘runs’, aka prostitution. Over a decade ago, I went to do some charity work at the General Hospital, Broad Street. I met this 23 year old female Youth Corper. She had come for her monthly check up and medication, as she was HIV+. I discovered that, as a result of her family responsibilities and the desire to be a University graduate to ensure a brighter future, she did runs as her source of income for funding. She ended up with her degree, and HIV in the bargain! 

Conclusion 

It is obvious that the lot of majority of Nigerian children, leaves a lot to be desired. What do they have to celebrate today? Sadly, not much. Their fundamental rights have been breached, and constantly continue to be trampled upon in more ways than one, and their future, compromised. The Government and many Parents, have failed the children, so much so that some are already hardened criminals. It is also not unusual for law enforcement, to place underaged children in Police cells and adult correctional facilities. A case in view is that of the children, in which 38 out of 75 were alleged to be underage, who were charged with terrorism offences and trying to overthrow the Government, following their alleged role in the #EndBadGovernance Protest last year. 

However, from education to morals, nothing appears to be on course for the children, particularly the children of the ‘masses’. With technology, the world has become a global village. While many children who have had the benefit of a private education in Nigeria are able to hold their own anywhere they go, how does an average Nigerian child who cannot afford to enjoy the benefits of a private education, and is stuck with Teachers who cannot read or speak English, compete with their counterparts in other parts of the world like Finland? The rising scourge of drug addiction in the ranks of the youths, is also a cause for concern. 

Nigeria needs to take the welfare of children more seriously, as they are the leaders of tomorrow.