CHILD’S RIGHT ACT

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CHILD’S RIGHT ACT

LAWS OF THE FEDERATION OF NIGERIA

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EXPLANATORY MEMORANDUM

An Act to provide and protect the rights of a Nigerian child; and other related matters.

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ARRANGEMENT OF SECTIONS

PART I – Best Interest of a Child to be of Paramount Consideration in all Actions.

1.     Best interest of a Child to be of paramount consideration in all actions.

2.     A child to be given protection and care necessary for his well‐being.

PART II – Rights and Responsibilities of a Child

Rights of a Child

3.     Application of Chapter IV of 1999 Constitution, etc.

4.     Right to survival and development.

5.     Right to name.

6.     Freedom of association and peaceful assembly.

7.     Freedom of thought, conscience and religion.

8.     Right to private and family life.

9.     Right to freedom of movement.

10.    Right to freedom from discrimination.

11.    Right to dignity of the child.

12.    Right to leisure, recreation and cultural activities.

13.    Right to health and health services.

14.    Right to parental care, protection and maintenance.

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

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

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

18.    Contractual rights of a child.

19.    Responsibilities of a child and parent.

20.    Parent, etc. to provide guidance with respect to child’s responsibilities.

PART III – Protection of the Rights of a Child

21.    Prohibition of child marriage.

22.    Prohibition of child betrothal.

23.    Punishment for child marriage and betrothal.

24.    Tattoos and skin marks.

25.    Exposure to use, production and trafficking of narcotic drugs, etc.

Use of Children in Other Criminal Activities

26.    Use of children in other criminal activities.

27.    Abduction, removal and transfer from lawful custody.

Child Labour

28.    Prohibition of exploitative labour.

29.    Application of Labour Act.

Buying, Selling, etc., for the Purpose of Begging and Prostitution, etc.

30.    Prohibition of buying, selling, hiring or otherwise dealing in children for the purpose of hawking or begging for alms or prostitution, etc.

Unlawful Sexual Intercourse, etc.

31.    Unlawful sexual intercourse with a child, etc.

Other Forms of Sexual Abuse and Exploitation

32.    Forms of sexual abuse and exploitation.

Other Forms of Exploitation

33.    Other forms of exploitation.

Recruitment into the Armed Forces

34.    Prohibition of recruitment of children into the Armed Forces.

Harmful Publication

35.    Prohibition of importation of harmful publication.

36.    Penalty for harmful publication.

37.    Power to issue warrant of arrest, summons, search, etc., for harmful publications.

38.    Power of Court to order forfeiture, etc.

Miscellaneous

39.    Removal of jurisdictional limitation of magistrates, etc.

40.    Application of Criminal Law provisions.

PART IV – Protection of Children

41.    Child assessment orders.

42.    Emergency protection orders.

43.    Duration of emergency protection orders, etc.

44.    Children taken into police protection in cases of emergency.

45.    Duty of a State Government to investigate.

46.    Disclosure of whereabouts, etc. of children who may be in need of emergency protection.

47.    Abduction of children in care, etc.

48.    Refuge for children at risk.

49.    Rules and regulations under this Part.

PART V – Children in Need of Care and Protection

50.    Power of certain persons to bring children in need to care and protection before a court in certain cases.

51.    Make order where parent or guardian is unable to exercise control.

52.    Power of Court to order parent, etc., to contribute to maintenance.

PART VI – Care and Supervision

53.    Care and supervision order, general.

54.    Period within which application for order under this Part must be disposed of.

55.    Effect of care order.

56.    Parental contacts, etc., with children in care.

57.    Duty of supervisors while supervision orders are in force.

58.    Education supervision orders.

59.    Power of Court in proceedings where question of welfare of child arises.

60.    Interim orders.

61.    Discharge and variation, etc., of care orders and supervision orders.

62.    Orders pending appeals in cases relating to care or supervision orders.

PART VII – Provisions for use of Scientific Tests in Determining Paternity or Maternity, etc.

63.    Power of Court to require use of scientific tests.

64.    Consents, etc., required for taking scientific samples.

65.    Power of Minister to provide for manner of giving effect to directions for use of scientific tests.

66.    Failure to comply with directions for taking of scientific tests.

67.    Penalty for impersonating another, etc., for purpose of providing scientific sample.

PART VIII – Possession and Custody of Children

68.    Acquisition of parental responsibilities.

69.    Power of the Court to make order in respect to custody or rights of access to a child.

70.    Orders as to custody.

71.    Validity of custody agreed to in separation deeds.

72.    Principal on which questions relating to custody, upbringing, etc., of child is to be decided.

73.    Court to have regard to conduct of parent.

74.    Power of Court as to production of child.

75.    Power of Court to consult child’s wishes.

76.    Power of Court to child’s religious education.

77.    Enforcement of order for payment of money by attachment of income.

78.    Notice of change of address by person ordered to pay money.

79.    Power of the Minister to make orders, etc., as to custody of children.

80.    Prohibition against acquiring custody, etc., of child for the purpose of dealing in the child.

81.    Penalties for contravening sections 79 and 80.

PART IX – Guardianship

82.    Parental responsibility of a guardian.

83.    Guardianship of a child.

84.    Order for guardianship of a child.

85.    Consent of a person appointed as a guardian.

86.    Revocation of guardianship.

87.    Power of a guardian over estate of a child.

88.    Disputes between joint guardians.

89.    Appointment of guardian ad litem.

90.    Establishment of panels of persons from which guardians ad litem may be appointed.

91.    Right of guardian ad litem to have access to records.

92.    Saving of existing orders and jurisdiction of the Court.

PART V – Wardship

93.    Jurisdiction of Court.

94.    Wardship order.

95.    Maintenance of a ward of Court.

96.    Committal of ward to care of appropriate authority, etc.

97.    Matrimonial causes.

98.    Dismissal of application for wardship.

99.    Rules for application for wardship.

PART XI – Fostering

100. Application for fostering.

101. A child to be fostered.

102. Making a fostering order.

103. Limit on number of children who may be fostered.

104. Restriction on the making of fostering order.

105. Consent to fostering.

106. Further conditions for making of fostering orders.

107. Interim Orders.

108. Rules of Court.

109. Appeal.

110. Rights and duties of foster parents and other persons.

111. Effect of fostering on maintenance order.

112. Fostered Children Register.

113. Visit to fostered child by child development officers.

114. Revocation of a foster order on grounds of the interest of the child.

115. Prohibition of receiving money or reward as inducement to foster a child.

116. Prohibition of taking, sending fostered child out of state or Nigeria.

117. Prohibition of withdrawal of a child from the care of the applicant.

118. Foster parent prohibited from marrying fostered child.

119. Non‐compliance with lawful directives.

120. Private arrangement for fostering children.

121. Welfare of a child fostered privately.

122. A person disqualified from fostering a child privately.

123. Power of State Government to prohibit private fostering.

124. Offences under this Part.

PART XII – Adoption

125. Establishment of adoption services, etc.

126. Application for adoption, etc.

127. Religious upbringing of adopted child.

128. Persons who may be adopted.

129. Persons who may adopt.

130. Power to make adoption order.

131. Restrictions on the making of adoption orders.

132. Required consent.

133. Conditions preceeding the making of adoption order.

134. Power of court to impose terms and conditions.

135. Interim orders, pending adoption orders.

136. Jurisdiction of the Court.

137. Rules of the Court for adoption of a child.

138. Appeals.

139. Adoption when corrective order is in force.

140. Adoption where maintenance order is in force.

141. Effect of adoption.

142. Establishment of the Adopted Children Register.

143. Prohibition of certain payments for adoption.

144. Restriction on inter‐State adoption.

145. Licence to give child for inter‐State adoption.

146. Recognition of other adoption.

147. Adopted parents, etc., prohibited from marrying adopted child.

148. Visit of adopted child development officers.

149. Establishment of the Family Court.

150. Court to have two levels.

151. General jurisdiction.

152. Family Court at the High Court level.

153. Family Court at the Magistrate Court level.

154. Professionalisation and training of Court personnel.

155. Right to counsel, etc.

156. Exclusion of persons from attending court.

157. Prohibition of publication of child’s name, etc.

158. Proceedings to be in the interest of the child.

159. Attendance of parents, guardians or child at the hearing in the Court.

160. Evidence giving by a child.

161. Rules for procedures, fees, etc.

162. Exclusive jurisdiction.

PART XIV – Child Minding and Day Care of Young Children

163. Registration, etc., of child minding and day care centre.

164. Conditions to be complied with by child minders.

165. Conditions to be complied with by persons providing day care for children.

166. Cancellation of registration of a child minder

167. Protection of children, emergency cases of cancellation of registration, etc.

168. Powers of the State Government to inspect premises, etc.

169. State Government to give applicant notice of action it intends to take.

170. Offences under this Part.

PART XV – State Government Support for Children and Families

171. Provision of services for children in need, etc.

172. Day care for pre‐school children.

173. Review of provision for day care, children minding, etc.

174. Provision of accommodation for children in general.

175. Provision of accommodation for children in police protection detention or remand, etc.

176. Reference to child looked after by State Government.

177. Duty of State Government to provide for the welfare of children looked after by it.

178. Provision of accommodation and maintenance by State Government for children looked after by it.

179. Advice and assistance for certain children, etc.

180. Use of accommodation for restricting liberty.

181. Review of cases and inquiries into representatives.

182. Co‐operation between authorities.

183. Consultation with the education authorities.

184. Recoupment of cost of providing services, etc.

185. Miscellaneous.

PART XVI – Community Homes

186. Securing community homes.

187. Directives by Minister to discontinue the use of premises as community homes.

188. Determination of disputes relating to controlled and assisted community homes.

189. Discontinuance of controlled or assisted community homes.

190. Closure by State Government of controlled or assisted community homes.

PART XVII – Voluntary Homes and Voluntary Organisations

191. Provision of accommodation by voluntary organisations.

192. Registration and regulation of voluntary homes.

193. Duties of voluntary organisations.

194. Duties of the State Government.

PART XVIII – Registered Children’s Homes

195. Registration, etc., of children’s homes.

196. Welfare, etc., of children in homes.

197. Persons disqualified from managing, or being employed in children’s homes.

PART XIX – Supervisory Functions and Responsibilities of the Minister

198. Inspection of children’s home, etc., by authorised persons.

199. Inquiries.

200. Minister may direct inquiries to be held in camera.

201. Financial support by Minister.

202. Research and returns of information.

203. Power of Minister to declare State Government, etc., to be default.

PART XX – Child Justice Administration

General

204. Child to be subjected to only child justice system and processes.

205. Protection of privacy.

206. Professional education and training.

207. Specialisation within the Nigeria Police Force.

208. Use of direction.

209. Disposal of case without resort to formal trial.

210. Report of the legal status and rights of the child.

Investigation

211. Initial contact with the child.

212. Detention pending trial.

Adjudication

213. Jurisdiction of Court to try child offenders.

214. Rights to fair hearing and compliance with due process.

215. Guiding principles in adjudication.

216. Parents, guardians to attend Court.

217. Child justice procedure in Court.

218. Remands and committals to State Government accommodation.

219. Social inquiry report.

220. Power of Court to order parent or guardian to pay fine, etc.

221. Restriction on punishment.

222. Detention in case of certain crimes.

223. Methods of dealing with child offender.

224. Government to provide accommodation.

225. Procedure on failure to observe condition of recognisance.

226. Binding over of a parent or guardian.

227. Forms for corrective orders.

228. Operation of corrective order may be suspended.

229. Power to vary corrective order in certain cases.

230. Power of manager of an approved institution to grant leave of absence to a child in detention.

231. Apprehension without warrant.

232. Procedure in case of unruly or depraved person.

Non‐Institutional Treatment

233. Effective implementation of non‐institutional orders.

234. Assistance during rehabilitation.

235. Mobilisation of voluntary service.

Institutional Treatment

236. Objective of institutional treatment.

237. Recourse of conditional release.

Research, Planning, Policy Formulation and Evaluation

238. Research as a basis for planning, policy formulation, etc.

PART XXI – Supervision

239. Appointment of supervision officer.

240. Supervision inspectors and supervision inspection service.

241. Default power where the supervision service fails to discharge its statutory duty.

242. Power of Court to make conditional discharge order and supervision order.

243. Person named in supervision order.

244. Supervision officer may be relieved of duties.

245. Duties of supervision officer.

246. Power of Court to vary suspension order.

PART XXII -Approved Institutions and Post‐Release Supervision

247. Approved institutions.

248. Establishment of approved institutions.

249. Declaration of building, etc., as an approved institution.

250. Children attendance centres, etc.

251. Responsibilities for approved institutions.

252. Officers of approved institutions.

253. Visitors and visiting committees.

254. Appointment of voluntary visitors.

255. Facilities for observation of children in approved institutions.

256. Transfer from Children Correctional Centre to Special Children Centre.

257. Release from approved institutions, etc.

Release and Post‐Release supervision

258. Release and supervision after training at the Children Centre.

259. Post‐release supervision of children offenders.

PART XXIII – The National, State and Local Government Child Rights Implementation Committees

National Child Rights Implementation Committee

260. Establishment and membership of the National Child Rights Implementation Committee.

261. Functions of National Committee.

262. Procedure, etc., at meetings.

263. Secretariat of the National Committee.

State Child Rights Implementation Committee

264. Establishment and membership of State Child Rights Implementation Committee.

265. Functions of the State Committee.

266. Procedure at meetings.

267. Secretariat of the State Committee.

Local Government Child Rights Implementation Committee

268. Establishment and membership of the Local Government Child Rights Implementation

Committee.

269. Functions of the Local Government Committee.

270. Procedure, etc., at meetings.

271. Secretariat of the Local Government Committee.

PART XXIV – Miscellaneous

272. Offences by bodies corporate.

273. Service of documents.

274. Suspension and inconsistency.

275. Delegation of powers by the Minister.

276. Forms in the Eleventh Schedule.

277. Interpretation.

278. Citation.

SCHEDULES

FIRST SCHEDULE -Financial Provision for Children

SECOND SCHEDULE – Supervision Orders

THIRD SCHEDULE – Application for Wardship

FOURTH SCHEDULE – Foster Parents: Limits on Number of Foster Children

FIFTH SCHEDULE – Form of Adopted Children’s Register

SIXTH SCHEDULE – Child Minding and Day Care for Young Children

SEVENTH SCHEDULE – State Government Support for Children and Families

EIGHT SCHEDULE – Management and Conduct of Community Homes

NINTH SCHEDULE – Voluntary Homes and Voluntary Organisations

TENTH SCHEDULE – Registered Children’s Homes

ELEVENTH SCHEDULE – Forms in relation to Parts VI, XX and XXI of this Act

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CHILD’S RIGHTS ACT 2003

An Act to provide and protect the rights of a Nigerian child; and other related matters.

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[Commencement.] [31st July, 2003]        

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ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED TO 2018)