CHAPTER SEVENCHILDREN AND YOUNG PERSONS“In every action concerning a child, whether undertaken by an individual,public or private body, institutions or service, court of law, or administrative orlegislative authority, the best interest of the child shall be the primaryconsideration.”Section 1, Child’s Rights Act, 2003“In all actions undertaken against the child by any person or the legal authoritythe best interest of the child should be the primary consideration”.Article 4 (1), African Charter on the Rights and Welfare of theChild“In all actions concerning children, whether undertaken by public or private socialwelfare institutions, courts of law, administrative authorities or legislative bodies, thebest interests of the child shall be a primary consideration.States Parties undertake to ensure the child such protection and care as is necessaryfor his or her wellbeing, taking into account the rights …”Article 3, International Convention on the Rights of the ChildThe security, welfare and interest of the child are vital to the growth and development of anynation. The UN Convention on the Rights of the Child (CRC) was adopted by the UN GeneralAssembly Resolution 44/25 of 20 th November 1989. It is the most comprehensive andcomplete statement on children’s rights. The convention eventually came into force on the 2 nd ofSeptember 1990. This landmark document of the UN ensures justice, peace and freedom forchildren who constitute over half of the world’s population.Although <strong>Nigeria</strong> has ratified and domesticated the CRC and is party to the African Union Charteron the Rights and Welfare of the Child (AUCRWC), studies have however shown that most of thechildren live without basic necessities of life, significant for their survival and development. Thisposes serious challenge to the attainment of the Millennium Development Goals (MDG).At the regional level, <strong>Nigeria</strong> ratified the African Union Charter on the Rights and Welfare of theChild (AUCRWC) in 2001. <strong>Nigeria</strong> in July 29, 2003, domesticated the provisions of the CRC andAUCRWC, through the enactment of the Child’s Rights Act (CRA), which focuses on the followingfour key principles:· Survival· Development· Protection, and· ParticipationDespite the fact that <strong>Nigeria</strong> is a party to the CRC, AUCRWC and has enacted the CRA, childrenare still maltreated, neglected, sexually exploited and physically abused. Some of the most widelyreported violations include the following· Street trading/hawking· Street begging54
· Child labor and child trafficking· Harmful customary practices, such as child marriage, Female Genital Mutilation (FGM) andtribal and tattoo marks· Exploitation of children mainly for commercial purposes, political violence, and thuggery e.gAbuse and exploitation of the “Almajirai” 3The violations against the rights of the child can be greatly reduced by the passage andimplementation of child rights laws in the various states of <strong>Nigeria</strong>. As at the date of this report, onlyten states have passed the child rights law since the domestication of the Child Rights Act in 2003by the National Assembly. The rights guaranteed for the development, education, survival,protection and participation of children are contained in the Child Rights Act 2003 and all states in<strong>Nigeria</strong> should pass and implement child rights laws for the prevention of the violation of the rightsof children in <strong>Nigeria</strong>.On March 7, 2006, a 12 year old boy Seye Ajibade and his mother Janet Ajibade were arrested bythe police from OkeOdo Police Station, Lagos and detained for allegedly causing a grievousbodily harm to Seun Adenrele a young lady of about 20 years. They were detained for two daysbefore being released on bail.The husband and father of the victims, Mr. Ajibade, stated that there was a fight between his son, wife,Seun Adenrele and her father over a misunderstanding. In the ensuing fracas, the said Seun Adenrelewas injured in the eye.The matter was reported at the OkeOdo police station, Lagos and the police without due regard to theage of the child, arrested him and his mother and detained them in the cell with adult suspects. Uponinquiry on the wrongful detention of the child in adult cell, the Divisional Police Officer (DPO) stated thatthis was so as there were no special facilities for child offenders.Contrary to the law, the child was charged and arraigned in open court along with his mother, forcausing grievous bodily harm. Through the intervention of the National Human Rights Commission, theMagistrate ordered the placement of the child at a remand home in the interim.Abdul Saliu, 13, was seen wandering around Jabi park vicinity in Jabi District, Abuja on June 23,2006. On being interviewed, he relayed how he left his home in Kogi State, some weeks earlier.Prior to leaving home, he hawked sachet water at Okene bus stop for his mother. Abdul wasthreatened with beating by his mother on his inability to render proper account of sales on a particularday. To avoid being beaten, he ran away from home, hid inside a lorry loaded with farm produce andeventually fell asleep.While asleep, the lorry left for Abuja. At a stop over at Gwagwa, a suburb in Abuja, Abdul woke up andfound himself in an unknown place. He told the lorry driver his story and pleaded that he be taken backto Okene. The driver handed him over to one ‘Princess’, living in Karmo, another suburb in Abuja andpromised to pick him up on his way back to Okene. At Princess’ place, he was forced to do domesticchores, denied food and constantly beaten up. After two weeks of waiting to be returned home, Abdulran away and ended up at Jabi park and joined a host of other homeless boys who work as porters andtouts in the park.3Almajeri describes street Children in Northern <strong>Nigeria</strong>55
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THE STATE OF HUMAN RIGHTSINNIGERIA2
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ACKNOWLEDGEMENTSThe National Human
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FOREWORDThe State of Human Rights i
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INTRODUCTIONThe history of human ri
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CHAPTER ONEEXTRAJUDICIAL, SUMMARY
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- Page 17 and 18: CHAPTER TWOTORTURE, CRUEL, INHUMAN
- Page 19 and 20: Moments after Patrick died, a senio
- Page 21 and 22: CHAPTER THREEPOLICE CELLS AND OTHER
- Page 23 and 24: On February 18, 2006, Babagana Zann
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- Page 29 and 30: Binta Umar, a 33yearold woman w
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- Page 35 and 36: of rape and abduction against him.
- Page 37 and 38: SOKOTO CENTRAL PRISONIntroductionTh
- Page 39 and 40: Ifeanyi Arasu, aged 28, was charged
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- Page 43 and 44: BeddingsAt the male cells, only the
- Page 45 and 46: KUJE PRISONINTRODUCTIONKuje prison
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- Page 49 and 50: VISITORS’ BOOKSeveral visitors’
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- Page 53 and 54: 5 Ahmed Suleiman, age 31 remanded i
- Page 55 and 56: RECOMMENDATIONS1) The States should
- Page 57 and 58: CHAPTER FIVEWOMEN AND OTHER GENDER
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- Page 67 and 68: 4. Abdullah Mohammed, aged 16. He r
- Page 69 and 70: CHAPTER EIGHTHEALTH“The State sha
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- Page 73 and 74: CHAPTER TENLABOUR“The state shall
- Page 75 and 76: CHAPTER ELEVENCOMMUNNAL CONFLICTS A
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- Page 79 and 80: claimed several lives, the Federal
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- Page 89 and 90: CHAPTER THIRTEENACCESS TO JUSTICE A
- Page 91 and 92: On September 9, 2005, Samuel and ot
- Page 93 and 94: CHAPTER FOURTEENPOLITICAL KILLINGS
- Page 95 and 96: CONCLUSIONGENERAL RECOMMENDATIONS1.
- Page 97: 30. The Ministry of Justice should