The Legal Protection of Children Under Child’s Right Act 2003 and Human Rights in Nigeria (Published)
The Child Rights Act (CRA) was in 2003 adopted and domesticated in Nigeria. This piece of legislation ushered in a new legal framework, which stated that every child has the right to life, survival, education and social development. Hence, the importance of children’s education in any given society is very essential to the social and economic development of that society particularly for its future attainment, advancement and development. To deny the child rights to education is to deny the nation its critical development economically, socially, politically and otherwise. The needs of a child ranging from health care, feeding, clothing, accommodation rest on the shoulders of adults, parents, guardians and the government, because children are vulnerable and cannot cater for themselves, hence, they must be provided guidance, training and care for meaningful contribution in the society. This responsibility of educating the child for critical thinking and development lies on the society. It is in recognition of this, that the right to education has been entrenched in several international, regional and domestic legal instruments. Nonetheless, there is the problem of implementation and enforcement of these extant laws as there are still so many uneducated, unfed, and tattered children in the street engaged in hawking and child labours. Economic landscape of the future generation in Nigeria cannot be guaranteed. The aim of this study is to examine the legal protection of children under the Nigeria Child Right Act 2003. The study adopted the doctrinal research method to achieve the objective. The study observed that the various constitutive legal instruments though adequate however, lack proper mechanism or institutional framework for implementation and enforcement. The researcher recommends constitutional amendment to include child’s right to education as a fundamental right.
Keywords: Child Labour, Child Rights, Child Rights Act (CRA), Nigeria, child protection, fundamental rights, implementation and enforcement, right to education
A Comparative Evaluation of the Effect of the Outbreak of Covid-19 on Selected Legal Rights in Nigeria (Published)
There is no gain saying the fact that the outbreak of the corona virus; which spread over the globe like wide fire; is the worst calamity that has hit mankind since the second war. The virus, otherwise tagged Covid-19 has infected so many people and caused several deaths all over the world. This awful pandemic has affected not just lives; but all spheres of human endeavours ranging from the health sector to food and agriculture, migration and tourism, education, international commerce, environment and legal rights; to mention but a few. This paper critically examined the effect of the pandemic on some selected basic and constitutional rights with Nigeria as the focal geographical scope of the study, while drawing comparative analysis from the developments in some other countries. Relying on the exploratory doctrinal methodology and secondary sources of information, the paper found that the pandemic has inhibited the full enjoyment of basic rights; including fundamental rights, a situation which citizens have been compelled to accept. The paper further found that this period has witnessed a high level abuse of human rights as well as some other legally cognized basic rights. The paper condemned total deprivation and violation of such rights under any guise and concluded by suggesting ways how this pandemic period could be managed with citizens continually enjoying their basic and constitutional rights.
Keywords: Violation, Virus, basic rights, fundamental rights, pandemic, vaccine
Justiciable or Non-Justiciable Rights: A Debate on Socio-Economic and Political Rights in Nigeria (Published)
Justiciable or non-justiciable rights are hot debate in jurisprudence. The 1999 Constitution of the Federal Republic of Nigeria grouped rights into fundamental rights and fundamental objectives. Accordingly, fundamental objectives entail socio-economic and political rights which are non-justiciable in the court of law. However, socio-economic rights are necessary instruments for accountable government and good governance while non-justiciable rights work hardship on the citizens by restricting their rights of redress in the court of law. Non-justiciability is a constitutional cover to bad leadership and corruption. Hence, the investigation into justiciable or non-justiciable rights: a debate on socio-economic and political rights in Nigeria. The paper examined the position of South-Africa Courts’ judgments on socio-economic cases brought before them. The views of pro-justiciability and anti-justiciability schools were also juxtaposed. The study found out that the courts rather judges had upheld socio-economic and political rights as justiciable by inextricably connecting them to justiciable rights. The paper therefore recommends that all ouster clauses in the Constitution be expunged to promote accountable government, strengthen the judiciary and enforce citizen’s rights of redress.
Keywords: Constitution, Rights, fundamental Objectives, fundamental rights, justiciable, non-justiciable