Child Marriage in Nigeria: A Reflection of Some contradictions In Laws - BAR Odunayo Olajide
By Tunde Olorungbotemi
Child marriage is prevalent in societies/communities where poverty is endemic and the proceeds gotten from giving out a girl child are most used to cater for other members of the family, VOICE AIR Media reports.
Child marriage is majorly done, by the betrothal of a girl child below 18 years to a man much older or old enough to be the girl bride father.
Statutorily defined, a child is a person under the age of 14 years, while a young person is between the age of 14 and 17 years.
The convention on the right of the child, defines a child as a human being below the age of 18 years, unless under the law applicable to the minority is attained earlier.
File photo
African charter on the right and welfare of the child defines a child in articles to mean every human below the age of 18 years.
From all 8 given above it is trite that a child is below 18 years is not capable of making a lifelong decisions herself and shouldn’t be forced to make a lifelong commitment to marriage even by the parent or guardian of such person.
By the provisions of SECTION 29 OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AS AMENDED.
Section 29 (4) a and b is reproduced seriatim;
(a) Full age means the age of eighteen years and above:
(b) Any woman who is married shall be deemed to be of full age.
The provision of paragraph (b) makes marriage a determinant of full age for a woman, either such woman got married at any age below 18 or not. This provision a created a loophole for paedophilia to thrive over the years, under that umbrella that marriage determines full age for a girl child according to the constitution.
Furthermore SECTION 18 OF THE MARRIAGE ACT PROVIDES
Section 18 is reproduced seriatim:
‘’If either party to an intended marriage, not being a widow or widower is under twenty one years of age, the written consent of the father or if he be dead or of unsound mind or absent from Nigeria, of the mother, or if both be dead or of unsound mind or absent from Nigeria, of the guardian of such party, must be produced annexed to such affidavit as aforesaid before a licence can be granted or a certificate issued.’’
What can be deduced from the above provision is that, where either of the parties to the intended marriage is below 21 years old written consent of either of the parent or of the guardian suffices and legal marriage will be conducted.
This provision aligns with the provision of section 29 (4) of the constitution and create a loophole which should be attended to by the legislators in other to reduce the rate of child marriage in Nigeria.
Contrary to the above provisions SECTION 21 and 22 of the CHILD RIGHT ACT OF NIGERIA 2003 provides:
SECTION 21 is reproduced seriatim
No person under the age of 18 years is capable of contracting a valid marriage, and accordingly a marriage so contracted is null and void and of no effect whatsoever.
While SECTION 22 also provides
(1) No parent, guardian or any other person shall betroth a child to any person.
(2) A betrothal in contravention of subsection (1) of this section is null and void.
The provision of the child right act above expressly kick against child marriage and child betrothal who is below 18 years by any parent or guardian. The act went further to state the punishment for contravention of section 21 and 22.
However the Child Right Act has only been domesticated in 25 states in the country and most of the northern states that are majorly affected by forced girl child marriage are yet domestic it. The act been a federal act needs to be domesticated by each states of the federation and made a law in that state before it can be applicable in the state.
The refusal to domesticate this act has made it a paper tiger and ineffective in state that are yet to domesticate it. The states are Bauchi, Zamfara, Yobe, Kano, Gombe, katsina Borno, Adamawa, Sokoto, kebbi and Jigawa.
According to campaigners from Girls not brides 17percent of girls in the country are still married off before the age of 15. In the Muslim dominated northwest, 48percent of girls are married off at 15 and 78percent are married by the time they hit 18.
Some of the society justification for early marriage of girl child are,
• Virginity at marriage : that if the girl is married off at the earliest age she will be married as a virgin
• Finances : when some families have financial constraint marriage of a girl child will be seen as a source of financial income
• Education: there are some communities and families that believe a girl child shouldn’t get education and should not be empowered has the husband will take all her financial responsibilities at marriage.
• Also some parent believes early marriage will help to forestall promiscuity in a girl child.
One of the side effects of early girl child marriage is damage to their private part, leading to vesicovaginal fistula( v.v.f )and damage of their organs due to prolonged obstructed labour.
Also early marriage increases the rate of maternal mortality rate, which can cause untimely death to the child bride during childbirth.
Worthy of note is, most of this child brides are yet to come into realisation of how to take care or cater for them, before been saddled with the responsibility of running a home.
In conclusion
Marriage should be voluntary and readiness is an important factor to be considered before delving into marriage. Our legislators should look into the loopholes created by section 29 of the 1999 Constitution and section 12 of the Marriage Act of Nigeria then make the necessary amendment as soon as possible.
No to girl child marriage
No to forced betrothal
No to lack of readiness.
Written by BARRISTER ODUNAYO GRACE OLAJIDE
Email; odunayograce18@gmail.com
The writer of the article is an Ogun state based lawyer who graduated from Ekiti state university in the year 2017 with a second class upper.
After which she proceeded to the Nigerian law school kano campus Baguada, August 2017 and graduated with a second class upper in 2018. After which she was called to the Nigerian barr in November 2018. The writer has been in active law practice sine after her call.
©VOICE AIR Media.
Child marriage is prevalent in societies/communities where poverty is endemic and the proceeds gotten from giving out a girl child are most used to cater for other members of the family, VOICE AIR Media reports.
Child marriage is majorly done, by the betrothal of a girl child below 18 years to a man much older or old enough to be the girl bride father.
Statutorily defined, a child is a person under the age of 14 years, while a young person is between the age of 14 and 17 years.
The convention on the right of the child, defines a child as a human being below the age of 18 years, unless under the law applicable to the minority is attained earlier.
File photoAfrican charter on the right and welfare of the child defines a child in articles to mean every human below the age of 18 years.
From all 8 given above it is trite that a child is below 18 years is not capable of making a lifelong decisions herself and shouldn’t be forced to make a lifelong commitment to marriage even by the parent or guardian of such person.
By the provisions of SECTION 29 OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA AS AMENDED.
Section 29 (4) a and b is reproduced seriatim;
(a) Full age means the age of eighteen years and above:
(b) Any woman who is married shall be deemed to be of full age.
The provision of paragraph (b) makes marriage a determinant of full age for a woman, either such woman got married at any age below 18 or not. This provision a created a loophole for paedophilia to thrive over the years, under that umbrella that marriage determines full age for a girl child according to the constitution.
Furthermore SECTION 18 OF THE MARRIAGE ACT PROVIDES
Section 18 is reproduced seriatim:
‘’If either party to an intended marriage, not being a widow or widower is under twenty one years of age, the written consent of the father or if he be dead or of unsound mind or absent from Nigeria, of the mother, or if both be dead or of unsound mind or absent from Nigeria, of the guardian of such party, must be produced annexed to such affidavit as aforesaid before a licence can be granted or a certificate issued.’’
What can be deduced from the above provision is that, where either of the parties to the intended marriage is below 21 years old written consent of either of the parent or of the guardian suffices and legal marriage will be conducted.
This provision aligns with the provision of section 29 (4) of the constitution and create a loophole which should be attended to by the legislators in other to reduce the rate of child marriage in Nigeria.
Contrary to the above provisions SECTION 21 and 22 of the CHILD RIGHT ACT OF NIGERIA 2003 provides:
SECTION 21 is reproduced seriatim
No person under the age of 18 years is capable of contracting a valid marriage, and accordingly a marriage so contracted is null and void and of no effect whatsoever.
While SECTION 22 also provides
(1) No parent, guardian or any other person shall betroth a child to any person.
(2) A betrothal in contravention of subsection (1) of this section is null and void.
The provision of the child right act above expressly kick against child marriage and child betrothal who is below 18 years by any parent or guardian. The act went further to state the punishment for contravention of section 21 and 22.
However the Child Right Act has only been domesticated in 25 states in the country and most of the northern states that are majorly affected by forced girl child marriage are yet domestic it. The act been a federal act needs to be domesticated by each states of the federation and made a law in that state before it can be applicable in the state.
The refusal to domesticate this act has made it a paper tiger and ineffective in state that are yet to domesticate it. The states are Bauchi, Zamfara, Yobe, Kano, Gombe, katsina Borno, Adamawa, Sokoto, kebbi and Jigawa.
According to campaigners from Girls not brides 17percent of girls in the country are still married off before the age of 15. In the Muslim dominated northwest, 48percent of girls are married off at 15 and 78percent are married by the time they hit 18.
Some of the society justification for early marriage of girl child are,
• Virginity at marriage : that if the girl is married off at the earliest age she will be married as a virgin
• Finances : when some families have financial constraint marriage of a girl child will be seen as a source of financial income
• Education: there are some communities and families that believe a girl child shouldn’t get education and should not be empowered has the husband will take all her financial responsibilities at marriage.
• Also some parent believes early marriage will help to forestall promiscuity in a girl child.
One of the side effects of early girl child marriage is damage to their private part, leading to vesicovaginal fistula( v.v.f )and damage of their organs due to prolonged obstructed labour.
Also early marriage increases the rate of maternal mortality rate, which can cause untimely death to the child bride during childbirth.
Worthy of note is, most of this child brides are yet to come into realisation of how to take care or cater for them, before been saddled with the responsibility of running a home.
In conclusion
Marriage should be voluntary and readiness is an important factor to be considered before delving into marriage. Our legislators should look into the loopholes created by section 29 of the 1999 Constitution and section 12 of the Marriage Act of Nigeria then make the necessary amendment as soon as possible.
No to girl child marriage
No to forced betrothal
No to lack of readiness.
Written by BARRISTER ODUNAYO GRACE OLAJIDE
Email; odunayograce18@gmail.com
The writer of the article is an Ogun state based lawyer who graduated from Ekiti state university in the year 2017 with a second class upper.
After which she proceeded to the Nigerian law school kano campus Baguada, August 2017 and graduated with a second class upper in 2018. After which she was called to the Nigerian barr in November 2018. The writer has been in active law practice sine after her call.
©VOICE AIR Media.
Nice write up
ReplyDeleteFrom this quote (b) Any woman who is married shall be deemed to be of full age.
Kindly give d law interpretation of a woman....