Rights of the Nigerian Child

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A society being a community of people, as of a state, nation, or locality, with common cultures, traditions and interest is however governed by a government of which is not merely or mainly that of man but of law. Law functions for the regulation of the common cultures, tradition and interest in the society in order to maintain peace and harmony. Peace and harmony is the condition for sustainable social development. The inter-relatedness of law and society is something generally not disputable.

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It is asserted and accepted, almost generally, that the quality of legal instrument available within a given society and the mode and capacity of enforcing same, defines the development of that society within the world map.

Law gives rights and privileges to the members of the society. It is the rights given to a member of a particular society that exemplifies the value and worth of that person among other members of the community. Right then is the power, capacity or ability conferred or given to a person by law which empowers the person to do or not to do a thing, to act or abstain from acting or compel another person to act or retrain from acting.
In any society that law governs and confer or affords right to members, the existence of such right presupposes that, a right holder exist who is the subject of the right. Secondly, there exist also, a duty bearer who is obliged to obey the object of the rights. The object of the right is the thing which is conferred on a person legally and which the duty bearer is obligated to respect.

Every members of the society can generally be classified into two namely; adult and child. Questions in relation with the former is without relevance here, hence the rights and protections granted by law within Nigerian legal system in relation with the later is the bulwark of this study.

In Africa generally, and Nigeria particularly, going through our cultural orientation, the child occupies a very enviable significant position. It is without debate, that the child is the biological product of man and woman but is however, at the same time, received as a precious gift from God. The United Nation in 1989 adopted the convention on the Right of the child. This treaty becomes a ground breaking achievement towards slowly but perceptible entrenchment of clearly definable child rights. The rights couched in a multilateral convention works to imbibe basically but universally acceptable standard, which all member states or signatories became obliged to incorporate in their national law and policies. These standards of child policies extend to the protection of the child’s life, the promotion of health and educational opportunities and the prevention of exploitation, physical and sexual abuse. It canvassed the entitlement of every child to opportunities and facilities which guarantee healthy and normal development.

In 1990, the then organization of African Unity, in response to the clarion call by the United Nations in the summit of the Heads of States adopted the charter on the right and welfare of the African child, for the continent of Africa. The charter mainly stressed the presentation and strengthening of positive African value which are complementary to the development of the African child. Also, it delves to discourage certain values of which are harmful to the health and status of the African children.

Just as are in the world and Africa, in Nigeria, children’s rights are protected  by law and held deeply sacred and as is highlighted above, not only does the law confer rights on the Nigerian, child; it also stipulates punishment for the adults who take advantage of children or seek to influence them negatively. What the law does is to prevent cruelty against children while stating the rights and obligations of the of the Nigeria child.
Before 2003 Child Right in Nigeria and the Nigerian child protection was defined by the Children and Young Persons Act (CYPA). That law primarily is relating to juvenile justice. In 2003, Nigeria adopted the child Right Act of 2003 which seems to be the domestication of Convention on the Rights of the Child.
However true it maybe that the Child Right of 2003, is currently the superior Child Right Instrument in Nigeria, availing children of certain Rights and protections, it is still apposite to state that numerous other laws as are concurrently affording or conferring rights and protection to the Nigeria child. This is the purpose of this work.

Statement of Problem
Stemming from the above background x-ray, it is now evident of myriad of issues that are seeking for determination.  It is a legal issue to determine the person or who that can truly be said to be a child in Nigeria. The right available to a Nigeria child needs to be determined. Apart from the Child Right Act Right Act of 2003, other relevant instruments in relation to Child Rights and protection need to be appraised. The enforcement of the protection accorded to the Nigeria child needs a defined mechanism.

Research Question
From the background of this study and the statement of problem, it would already be ringing, i.e. the bell of the following research question.
1.    Who is a child in Nigeria
2.    What are the Rights of a Nigerian Child?
3.    What are the laws, National, international and regional that confers protections and privileges to the Nigerian child?
4.    What are the enforcement mechanisms in place for the Rights of the Nigeria child?
5.    How does the court play in the administration of child justice in Nigeria

Objectives of the Study
From the writing above, it wouldn’t be difficult to understand that the main purpose of this study is to by all possible research means, be able to proffer answers to the above study questions. It seeks to determine who a Nigerian child is, the rights and privileges available to him, where those rights and privileges comes from i.e. the laws that confers such rights and protection, ways to enforce such rights and appraising the standard of the whole Child Right System in Nigeria.

Research Methodology
Because of the research topic and the nature of same, the method adopted is mainly doctrinal method of research. This is because more attention is paid to the letters of the law and judgment of the court. However, because the law is in relation with the society, it is not completely doctrinal as it could also be said to be non-doctrinal or socio-legal in nature hence the materials available to the researcher in the libraries within the researchers reach were explored including other resources like the web based materials.

Significance of the Study
This research is very apt. It comes at the right time because it is very important to the public at large and the academics especially because it spells   out the Right of the child and the laws giving out such rights or protection.
It unravels the ways in which the Rights of a Nigerian child can be enforced. Subsequent researcher or seekers of knowledge will find it very resourceful because it focused not on the appraisal of one particular child right law but any available instrument relevant to the course. This is a new feat.
It will be very useful to policy makers as the findings, the consideration and   recommendations will aid them to formulate other policies to rectify the still lingering issues in this sphere.

Scope of the Study
This long essay focuses mainly on the Rights of the Nigerian child, the relevant laws (National, international, Regional and local) that creates or confers such rights and the ways of enforcing such rights.

Limitation of the Study
Every success is always dependent on the numbers and degree of problems that it can overcome. The above statement is also true of the researcher as he was faced with many limiting factors.
The time mapped out for this research project was too short for the degree of research initially intended. The requisite time planned for this paper is not commensurate with the time available as every process was fast tracked due to conflicting academic programs. The Holy Bible has it that money answereth all things. This is almost indisputable. The researcher was regrettably constrained by finance. This is the greatest challenge of the researcher as the initial planned mechanisms for this project were not utilized owing to money factor. As a student, the cost of paper, typing and printing and that of accessing the cyber cafe was discouragingly alarming.

To Place An Order For The Complete Project Material Pay N,5000 To

Guaranty Trust Bank (GTBank)
Acct. Name - Uwadia Eyemeka
Acct. No. - 0127561472

Then Send a text of your names, the topic you paid for, a valid email address to 07036785443

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