By Fredrick Nwanji

I came across these sordid images of the 11 year old girl who was rescued by activist Gwamnishu Harrison in Awka Anambra state. While details are still coming in at the time of writing this article I thought it wise to educate Nigerians on this atrocious and illegal acts called child abuse and child labor.

Child Abuse

Child abuse takes many forms and among the list is Emotional, Physical , Neglect and Sexual abuse. For the purpose of this article I will be focused on child physical abuse.

Nigeria’s Child’s Rights Act of 2003 in particular Part II of the Act lists out the rights of the Nigerian child. They are:

1.    Right to survival and development.  

2.    Right to name.  

3.    Freedom of association and peaceful assembly.  

4.    Freedom of thought, conscience and religion.  

5.    Right to private and family life.   

6.    Right to freedom of movement.  

7.    Right to freedom from discrimination.  

8.    Right to dignity of the child.  

9.    Right to leisure, recreation and cultural activities.  

10.  Right to health and health services.  

11.  Right to parental care, protection and maintenance.  

12.  Right of a child to free, compulsory and universal primary education, etc.  

13.  Right of a child in need of special protection measure.  

14.  Right of the unborn child to protection against harm, etc

A brief look into the specific section of the law that pertains to Child Abuse is as follows:

Section 11 of the above act “Right to dignity of the child” states:

“Every child is entitled to respect for the dignity of his person, and accordingly, no child shall be‐  

(a) subjected to physical, mental or emotional injury, abuse, neglect or maltreatment, including sexual abuse; 

(b)  subjected to torture, inhuman or degrading treatment or punishment;  

(c)  subjected to attacks upon his honor or reputation; or  

(d)  held in slavery or servitude, while in the care of a parent, legal guardian or school authority or any other person or authority having the care of the child

From the above it is clear that the rights of the young abused child pictured above have been infringed upon and it’s in the interest of justice that redress is granted to her.

Child Labour

Just like child abuse highlighted above child labor is another common scourge the average Nigerian child faces. According to the International Labour Organization, the number of working children under the age of 14 in Nigeria is estimated at 15 million. While it is understandable that the prevailing poverty in Nigeria is a likely factor that influences this, it becomes a problem when you realize many of this child laborers work and remit the proceeds to a parent or guardian. From under-aged pure water & orange hawkers on Nigerian roads to the under aged house helps and maids that serve Nigerians in their homes, these are the child laborers we’ve all come in contact with.

(Image of children hawking source:Buzz Nigeria/Chiamaka Okoh)

Nigerian Law prohibits child labour. Section 28 of the Child’s Rights Act states:

Prohibition of exploitative labour (1) Subject to this Act, no child shall be‐  

(a)  subjected to any forced or exploitative labour; or  

(b)  employed to work in any capacity except where he is employed by a member of his family on light work of an agricultural, horticultural or domestic character; or  

(c)  required, in any case, to lift, carry or move anything so heavy as to be likely to adversely affect his physical, mental, spiritual, moral or social development; or  

(d)  employed as a domestic help outside his own home or family environment.  

(2) No child shall be employed or work in an industrial undertaking and nothing in this subsection shall apply to work done by children in technical schools or similar approved institutions if the work is supervised by the appropriate authority.  

(3) Any person who contravenes any provision of subsection (1) or (2) of this section commits an offence and is liable on conviction to a fine not exceeding fifty thousand naira or imprisonment for a term of five years or to both such fine and imprisonment. 

The law of Nigeria is clear from the above about the punishment for the crime of child labour. I can only hope Nigerians that do it will take heed and desist from such acts. The rights of the Nigerian child needs to be protected for they are the future of Nigeria.

I’m Fredrick Nwanji and I’m a Lawyer.