Bridging the Gap between Policy and Practice

Nigeria grapples with a staggering crisis. Over 10 million children remain deprived of education, a fundamental right that shapes their futures. This distressing trend is even more profoundly exhibited in Northern Nigeria. The region has long suffered severe gender disparities in education and child marriage. Nevertheless, the issue has also surfaced in the South East, which has inadequately enforced that girls are not forced to marry against their own will. The incidence of child marriage is an indisputable sign of the inadequacy of policy implementation and strategies to keep children in schools. Even more worrying is the fact over 50% of out-of-school children in Nigeria are girls and are saddled with domestic chores, caregiving jobs, and informal labour to support their families.

In theory, Nigeria has implemented different sets of laws that aim to protect children’s rights. However, their lives remain under-protected. The 1994 Universal Basic Education program makes school attendance compulsory up to 15 years of age, while the Child Rights Act of 2003 and the Violence Against Persons Prohibition Act make unwanted marriages and female genital mutilation criminal offences. Similarly, Nigeria is a party to different regional and global treaties that specifically ban early marriage and have signed them into law. For example, Article 21 of the African Charter is explicit that child marriages and the betrothal of girls and boys shall be prohibited. However, the reality on the ground paints a different picture, as child marriage and other harmful practices continue to plague girls, particularly in communities where custom and religion sanction such practices.  

The gap between the statutory, customary and Islamic laws of Nigeria brings uncertainty to the use of the existing provisions. Hence neighbouring the environment where women and girls’ rights remain vulnerable. More disturbingly, among some of the state laws is early marriage, which is just one of the ways that children are exposed to violence. The real issue lies in the Nigerian constitution, which is ambiguous in securing children’s rights. Although it sets 18 as the age of maturity, it also states that when any female of any age is married, she is considered the age of maturity. In addition, it also states that marriages conducted under customary and Islamic laws no longer fall under the legal jurisdiction of the federal government, and it is solely up to individual states to make the laws. Although 34 states have adopted the Child Rights Act and, it makes unlawful marriage for girls under age 18, some northern states where child marriage is frequent are yet to domesticate the law. Legislators and religious leaders in some of the states where Islamic law is implemented mention Islam not having a cut-off age for betrothal as the justification for early marriage. This undermines the ability of the law to ensure that children are protected from forced marriage.

A massive backlash has trolled a recent event in Niger State. Abudulmalik Sarkindaji, the Speaker of the Niger State House of Assembly, pronounced plans to marry off 100 orphan females who lost their parents to bandits’ attacks in Mariga Local Government Area. Sarkindaji offered to sponsor the bridegrooms by paying for the dowries and purchasing all the necessary materials for the mass wedding scheduled for May 24, 2024, at Bangi, Mariga Local Government Area. Uju Kennedy-Ohanenye, the Minister of Women Affairs, has strongly criticised the idea. The Minister has filed a petition to the Inspector-General of Police and also applied for a court injunction to halt the mass marriage, claiming that such an act contravenes both the Child Rights Act and girls’ future. Kennedy-Ohanenye stressed that the ministry would oversee the girls’ education and vocational training; hence, they could make informed decisions about their lives and marriages.

Facing public backlash, Sarkindaji clarified his intentions. He maintained that he was not compelling the girls to marry but rather aimed to financially assist the weddings of girls who were already of marriageable age and had suitors but whose parents or other relatives lacked the resources to support the wedding. Sarkindaji contended that he had consulted with the girls’ immediate families,  relatives, religious leaders, and other stakeholders, which ultimately resulted in the decision. Nevertheless, his feedback was scarcely enough to appease the fears of possible rights violations.

The controversy of the Niger State Speaker’s initiative reveals the complex balance of indigenous customary beliefs, social norms, and human rights principles. Some may claim that mass marriage is in tune with the local traditions and tries to alleviate the burden of poor members of society. Still, the opponents are firmly against the possibility of violating the girls’ right to education and decisions about their future. At the heart of this argument is the inquiry of whether or not the said projects could uplift these marginalised groups or otherwise perpetuate the existing power structures and gender disparities.

The mission of eradicating child and forced marriage in Nigeria can be achieved through the elimination of the pillars of the socio-economic and cultural factors that perpetuate such practice. Measures that support poverty reduction, equal education for both girls and boys and their economic empowerment play a crucial role in ending the chain of dependence and the vulnerability that may call for child marriage. A community engagement/sensitisation programme should, therefore, be initiated to change the old beliefs or practices that limit girls’ rights.

Community leaders play a critical role in shifting the social structures as they represent the power sources. Besides, they are the primary storytellers. Taking such all-encompassing measures, such as counselling and providing legal assistance and shelter, can prevent girls from being forced into harmful practices and promote their dreams. This also includes proactive strategies that aim at prevention, focusing on women and girls affected by conflict. By prioritising education, empowerment and protecting vulnerable groups, Nigeria can create an environment where every child, regardless of gender, can achieve her full potential and contribute to the development of society.