Year: 2026
Type: article
Abstract: This article examines the fragmented legal definition of childhood in Nigeria and its profound implications for the enforcement of child labour and trafficking laws. Despite Nigeria's ratification of the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), which uniformly define a child as any person under eighteen years, domestic legislation presents conflicting and inconsistent age thresholds. The Child's Rights Act 2003 adopts the eighteen-year standard, yet the Labour Act 2004 defines a child as under twelve years, the Criminal Code and Penal Code set varying age limits for criminal responsibility, customary laws define childhood based on puberty or marriageability, and Islamic law applies different criteria. This definitional plurality creates legal loopholes systematically exploited by traffickers and employers to evade prosecution. The article argues that legislative harmonization is imperative to eliminate these contradictions and ensure uniform child protection across Nigeria's federal system. Through doctrinal analysis and comparative insights from Ghana and South Africa, the article demonstrates that a unified, constitutionally entrenched definition of childhood is essential for effective child rights enforcement. The article concludes with concrete recommendations for constitutional amendment, statutory reform, and judicial training to bridge the gap between Nigeria's international obligations and domestic realities.
Author: Anosike, Sylvia Chioma
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7222780850
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