DEFINING CHILDHOOD IN NIGERIA: LEGAL PLURALISM AS A BARRIER TO CHILD PROTECTION

This article examines the fragmented legal definition of childhood in Nigeria and its profound implications for the enforcement of child labour and trafficking laws. Despite Nigeria's ratification of the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), which uniformly define a child as any person under eighteen years, domestic legislation presents conflicting and inconsistent age thresholds. The Child's Rights Act 2003 adopts the eighteen-year standard, yet the Labour Act 2004 defines a child as under twelve years, the Criminal Code and Penal Code set varying age limits for criminal responsibility, customary laws define childhood based on puberty or marriageability, and Islamic law applies different criteria. This definitional plurality creates legal loopholes systematically exploited by traffickers and employers to evade prosecution. The article argues that legislative harmonization is imperative to eliminate these contradictions and ensure uniform child protection across Nigeria's federal system. Through doctrinal analysis and comparative insights from Ghana and South Africa, the article demonstrates that a unified, constitutionally entrenched definition of childhood is essential for effective child rights enforcement. The article concludes with concrete recommendations for constitutional amendment, statutory reform, and judicial training to bridge the gap between Nigeria's international obligations and domestic realities.

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Publication Details

Journal
International Journal of Labour and Gender Rights Law
Published
2026-10-15
Primary Topic
Legal and Social Justice Studies
Type
article
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article

DEFINING CHILDHOOD IN NIGERIA: LEGAL PLURALISM AS A BARRIER TO CHILD PROTECTION

Sylvia Chioma Anosike
International Journal of Labour and Gender Rights Law
Legal and Social Justice Studies
article

DEFINING CHILDHOOD IN NIGERIA: LEGAL PLURALISM AS A BARRIER TO CHILD PROTECTION

Sylvia Chioma Anosike
article en

Abstract

This article examines the fragmented legal definition of childhood in Nigeria and its profound implications for the enforcement of child labour and trafficking laws. Despite Nigeria's ratification of the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), which uniformly define a child as any person under eighteen years, domestic legislation presents conflicting and inconsistent age thresholds. The Child's Rights Act 2003 adopts the eighteen-year standard, yet the Labour Act 2004 defines a child as under twelve years, the Criminal Code and Penal Code set varying age limits for criminal responsibility, customary laws define childhood based on puberty or marriageability, and Islamic law applies different criteria. This definitional plurality creates legal loopholes systematically exploited by traffickers and employers to evade prosecution. The article argues that legislative harmonization is imperative to eliminate these contradictions and ensure uniform child protection across Nigeria's federal system. Through doctrinal analysis and comparative insights from Ghana and South Africa, the article demonstrates that a unified, constitutionally entrenched definition of childhood is essential for effective child rights enforcement. The article concludes with concrete recommendations for constitutional amendment, statutory reform, and judicial training to bridge the gap between Nigeria's international obligations and domestic realities.

International Journal of Labour and Gender Rights Law
Openalex Percentile: Top 2%
Legal and Social Justice Studies
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