A Legal Analysis of the Nebulous Concept of Childhood in Nigeria

Abstract

The legal concept of childhood is a tinker for the application of different principles in diverse aspects of law including criminal law, contract, property law, family law and even international law. However, this concept has remained a puzzle because of its lack of uniformity in Nigerian domestic jurisdiction. Childhood is characterised differently in legal instruments depending on the purpose of the particular law. This paper analyzed the concept within Nigerian domestic legal system with the view of reconciling the different provisions on the determination of childhood and ascertaining the most probable stage of distinction between childhood and adulthood under Nigerian law. The paper concluded that despite the legal pluralism in Nigeria and the nebulous concept of childhood within the vast body of rules applicable in the country, it is possible to find a synthesis of these norms under the Child's Rights Act in the definition of childhood.

The role of valuing cultural diversity in children's endorsements of rights

“…The lack of enforcement of the CRA nationwide has been influenced by Nigeria's plural legal system. The co‐existence of customary and statutory laws provides irregularities in the definition of children under the law (Ajanwachuku, 2016; Okafor & Nnubia, 2013; Onibokun, 1986). These irregularities limit the implementation of basic child rights like the right to education, with Nigeria reporting one of the highest numbers of out‐of‐school children in the world (United Nations Children's Fund, 2020).…”