Abstract
This paper examines the menace of unabated child marriage in Nigeria. It defines child marriage in tandem with marriageable age. It examines the applicable laws and international instruments on child marriage.The paper posits that child marriage remains prevalent especially in northern Nigeria because the practice of child marriage is accepted within the applicable customary law of the people. Despite the laudable provisions of the Child Rights Act of 2003, it has failed in tackling child marriage due mainly to the non-enactment of the law by northern States in Nigeria except Jigawa. Addressing this problem in Nigeria is crucial for the protection and realization of the child rights, especially the girl child. The paper concludes that early marriage as it pertains to marriageable age be made a fundamental right under chapter iv of the Constitution of the Federal Republic of Nigeria 1999 as amended and multi-faceted approaches through mass enlightenment and grassroot door-to-door campaign is necessary to tackle the menace of child marriage. Keywords: Child marriage, unabated menace,Child Rights Act 2003,Constitutional provisions, marriageable age . DOI: 10.7176/JLPG/98-24 Publication date: June 30th 2020
Highlights
By virtue of Article 1 of the Convention on the Rights of the Child (CRC) 1989,1 early marriage refers to the marriage of a child less than eighteen years of age
This paper examines the menace of unabated child marriage in Nigeria
The paper concludes that early marriage as it pertains to marriageable age be made a fundamental right under chapter iv of the Constitution of the Federal Republic of Nigeria 1999 as amended and multi-faceted approaches through mass enlightenment and grassroot door-to-door campaign is necessary to tackle the menace of child marriage
Summary
By virtue of Article 1 of the Convention on the Rights of the Child (CRC) 1989,1 early marriage refers to the marriage of a child less than eighteen years of age. Emanating from the foregoing laws setting out minimum age requirements for marriage under the various regions of Nigeria, our contention is that the various laws have not been able to take into consideration the resultant effect in which such marriage at the ages of thirteen, fourteen and sixteen would have on the life of a child Marriages at such ages under our customary laws in Nigeria at this modern time negates our commitments to uphold international human rights norms which address the issue of early marriage and runs in contradistinction with the provisions of the Child Rights Act which is geared towards the protection of the rights of the Nigerian girl child. Though the whole country is bound by federal law, in the strict sense, the laws of the National Assembly have no effect on the formation, amendment and and dissolution of marriage in accordance with islamic law and customary law, including matrimonial causes relating thereto
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