SOURCE:

Faculty: Law
Department: Law

CONTRIBUTORS:

Umeobika, C. Q.
Okeke, G. N.

ABSTRACT:

The promotion and protection of the rights of the child which should be of paramount importance is undermined in Nigeria. This is despite the fact that they are vulnerable members of society. This is portrayed in the way and manner matters relating to children are treated with levity by the governments at all levels. Besides, economic hardship has negatively contributed to the plight of children in Nigeria. This research is prompted by the need to strive for the protection of child’s rights in Nigeria through promotion of those rights by the Court and correctional institutions. This work examines and highlights the roles of courts and correctional Institutions in promoting child’s rights in Nigeria. It equally exposes the barrier thereto. The methodology adopted is doctrinal and analytical. This involved analytical examination of relevant statutes, international and regional instruments, case law, textbooks, journal articles, and internet sources. The research depict that there are sundry categories of children whose rights and welfare are adversely affected; examples are child offenders, children in need of care and protection, children affected in matrimonial causes for custody and maintenance, disabled children, child witnesses and child victims of abuse, trafficking and labour. The research also discovers that there are several impediments hindering the roles of the courts in protecting the rights of the child. The impediments include: lack of implementation of the extant laws, failure to establish appropriate Family Courts and correctional institutions. Additionally, inadequate and non-specialised personnel at the courts and correctional institutions are some of the anomalies. There is also lack of basic structures and materials for effective functioning of the child justice system which is geared towards rehabilitation and treatment of deviant children and victims, founded, as it were, on the basis of non-maturity, and fundamental difference in terms of responsibility and potentials for rehabilitation when compared to adults. Other barriers are conflicts in various laws which may bring about miscarriage of justice or delays, neglect and lack of commitment on the part of government to their roles to the society, and cultural and religious practices prevalent in the country. In the light of the above, the study recommended the adoption and implementation of the Child’s Rights Act in every State of the Federation to enable the court and correctional institutions carry out their roles as provided in the law. It also recommended the review of the Constitution in such a way that matters relating to children are included in the exclusive list and chapter two made justiceable. Family Courts, correctional institutions, specialised children police units, and Ministries/departments of Children affairs should be established and funded for proper handling of juvenile matters.