Janet Ogundepo
Lawyers and gender advocates have recommended stiff punishment for parents who give out their underaged children in marriage.
This recommendation is coming on the heels of a four-year-old child given out in marriage to a 54-year-old man in Bayelsa State on December 26, 2023.
PUNCH Healthwise had reported that the illegal marriage took place in the Akeddei community, Sagbama Local Government Area of the state despite the existence of the Child Rights Act.
Following media reportage, the government of the state, in a statement, invited the persons involved with a promise to “rescue the child from all the key actors in this illegal ceremony.”
The Child Rights Act, adopted by the Federal Government in 2003, guarantees the protection of the rights of every Nigerian child.
Part three, Sections 21, 22, and 23 of this act, prohibits child marriage, and child betrothal and proscribes punishment for persons and parents involved in the process.
The punishment states, “…commits an offense and is liable on conviction to a fine of N500,000; or imprisonment for a term of five years or to both such fine and imprisonment.”
Since 2003, 34 states, including the Federal Capital Territory have assented to the law.
While Kano State assented to the law on May 24, 2023, Adamawa, Bauchi, and Gombe States are yet to assent to the law.
The law is yet to be passed by the Legislature of Gombe State, therefore, it is yet to be presented to the State Governor, Muhammadu Yahaya, to sign the bill into law.
Speaking on the issue, the immediate past president of the International Federation of Women Lawyers, Rhoda Tyoden, stated that the parents should be punished as stated in the law.
She said, “Parents who do that (give out their underage children in marriage) should be punished because they owe their children a responsibility as caregivers and to take decisions on their behalf which must be in the best interest of the child. Any such decision that is adverse or detrimental to their well-being should be treated as affecting them and should be punished.
“Of course, the law should take its full effect on them if they fail to be responsible as caregivers and their actions affect or cause harm to the children- parents are expected to protect children from all harm, provide for them, support them, supervise and ensure they are safe and develop to maturity. Failure to do that, they must be held responsible and answer for the negligence.”
Speaking on whether parents’ ignorance of the CRA contributed to the increase in child marriage, the legal luminary stated that although ignorance was not an excuse, the act was mostly perpetrated by uneducated parents.
Tyoden further called for the awareness and education of the CRA and the punishments for violating the law.
“Most parents, especially the uneducated, may not be aware of the existence of the Child Rights Law and other related laws, but that notwithstanding it is no excuse for any reasonable person to give out a child, who is still developing and unaware of his/her rights to marriage which comes with a load of responsibilities and dangers to a child.
“We need to create awareness, educate, and be sensitive to the existence of these laws and the punishment that comes with its violation and infractions. States must be seen implementing these laws and punishing offenders to serve as a deterrence to would-be offenders,” she said.
She further advocated a harmonized law for all states on the protection of our children and other related issues in all states.
Tyoden stated that Ministries, Departments, Agencies, and enforcement agencies must be held responsible for the implementation of the CRA.
Also, the Executive Director and Director for Gender and Development Programmes, HACEY Health Initiative, Rhoda Robinson, said that anyone involved in child marriage must be punished according to the law.
She added that the act violated the CRA and the Violence Against Persons Prohibition Act, of 2015.
Robinson said, “Any person, whether they are parents, guardians or any form of relation, who gives out or betrothed a child (anyone under 18) in marriage has broken the law and should be convicted of the crime. The Child Rights Act, of 2003 clearly states the penalty for such, which is a fine and/or imprisonment for up to five years for the person who gives out the child, and who marries them.
“This also falls under harmful traditional practices in Nigeria covered by the Violence Against Persons Prohibition Act, 2015. There is no protection in ignorance and there can be no justification for giving a four-year-old out in marriage. The full arm of the law needs to be meted out to the parents and the ‘husband’.”
The Gender Advocate asserted that ignorance of the law by the parents was not a justification for child marriage.
She stated that poverty was a usual cause for child marriages as families gave out their daughters to older men for promises of money or other forms of exchange.
The HACEY Health Initiative ED also noted that gender-based violence and the complete disregard for the rights of women and girls play a huge role in the continued practice of child marriage.
She further called for the implementation of the laws and the publication of the repercussions of its violation.
Robison said, “Girls are not valued by their families and once they are determined to be a burden and ‘old enough’ to be given out, they are promptly sent to any man’s house willing to take them in exchange for money.
“In most cases, these young girls face further abuse in the new homes from domestic to sexual violence, and other forms of gender-based violence. We cannot continue to allow the excuse of ignorance to be used as a cover for the continued perpetuation of this act against girls. It is a crime to marry and marry our children.”
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