COMBATING CHILD MARRIAGE IN NIGERIA THROUGH LEGAL AND INSTITUTIONAL FRAMEWORKS
Keywords:
Forced Marriage, Child rights protection, Human rights protection, Civil remedies and Harmful cultural practices.Abstract
Forced marriage has increasingly been recognized as a violation of fundamental human rights and remains a persistent global concern. International and regional bodies, particularly the United Nations and the African Union, have adopted various legal and policy measures aimed at combating the practice, especially where it affects children and young girls. Despite these efforts, forced marriage remains prevalent in parts of Asia and Africa, with significant occurrences in West and Central African countries. In many instances, the continued practice of forced marriage undermines state obligations under international and regional human rights instruments that have been ratified and, in some cases, domesticated by African states, including Nigeria. In Nigeria, forced marriage is more pronounced in the northern region compared to the southern part of the country, where greater efforts have been made to curb the practice. The persistence of forced marriage in parts of northern Nigeria has been linked to socio-cultural and religious perceptions, particularly where the dominant interpretation of Islam does not expressly prohibit the practice. In addition, some northern states have yet to domesticate the Child Rights Act 2003, thereby weakening legal protection for children against early and forced marriages. Although forced marriage has been criminalized under various Nigerian laws, enforcement remains limited. This paper argues that reliance on criminal sanctions alone has proven insufficient in addressing forced marriage in Nigeria due to challenges such as family complicity, social pressure, and underreporting. It therefore advocates the adoption of civil remedies, particularly protection orders, to safeguard potential and actual victims from violations of their constitutional rights. The paper further recommends that victims be encouraged to seek redress through the Fundamental Rights (Enforcement Procedure) Rules 2009 as a mechanism for obtaining timely judicial protection. Ultimately, the paper contends that complementing criminal sanctions with accessible civil remedies and sustained legal awareness among girls and vulnerable groups will provide a more effective strategy for combating forced marriage in Nigeria.
References
1. N.S. fenns, Child Marriage, Adolescent Pregnancy and Family Formation in West and Central Africa (UNICEF 2015) https://www.unicef.org/wcaro/english/ accessed 14 December, 2025.
2. K.o. Fayokun, “Legality of Child Marriage in Nigeria and Inhibitions Against Realisation of Education Rights” (2015) (5) N0.7 US-China Education Review B; 460 at 461.
3. I. Nnadi, “Early Marriage: A Gender-Based Violence and a Violation of Women’s Human Rights in Nigeria, (2014) (7) No. 3, Journal of Politics and law; 35-36.
4. D. Erezi. ‘Ese O ruru’s Abductor, Dahiru Gets 26 Years Imprisonment’www.m.guardian.ng accessed 14 December, 2025.
5. Damian Duruiheoma,’eEnugu arrests groom, parents, in-laws, other marrying 13-years-old girl’ THE nation (online, 29 November 2025) https://thenationonlineng.net/enugu-arrests-groom-parents-in-laws-others-marrying-13-years-old-girl/ accessed 14 December, 2025
6. Nwogugu EI, Family Law in Nigeria (3rd edn, HEBN Publishers Plc 2014) 4-5.
7. Ahmed AK, The Law and Child Rights in Nigeria (Malthouse Press Limited 2015) 45.
8. Falana F, Fundamental Rights Enforcement in Nigeria (2nd edn, Legal Text Publishing Cimpany Ltd 2010) 102.
9. Stanley-Idum M and Agaba JA, Civil Litigation in Nigeria (4th edn, Renaissance Law Publishers Limited 2022) 810.
10. Offiah A.J, Women and the Law; The Nigerian Perspective (Fourth Dimension Publishing 2000) 45.
11. UNICEF 2015, ‘Child Protection Against Child Marriage’ http://data.unicef.org/child-protection/child-marriage accessed 14 December, 2025
12. A. Ukwuoma, Child Marriage in Nigeria: The Health Hazards and Socio-Legal Implications (Lulu Press Inc. USA, 2014), 10.
13. Constitution of the Federal Republic of Nigeria 1999 (as amended), ss 33, 34, 35, 37,38,40 and 42.
14. Frank A Salamone, The Cultural Context of Marriage Practices in Traditional Africa Societies (2nd edn, University Press 2006)
15. Constitution of the Federal Republic of Nigeria 1999 (as amended) s 6(6)(c).
16. Child’s Rights Act 2003, s 21.
17. ibid s 21(1).
18. ibid s 22(2).
19. ibid s 23.
20. Criminal Code Act, Cap C38 Laws of the Federation of Nigeria 2004, s 361.
21. A. Gill and S. Anitha, Forced Marriage: Introducing a Social Justice and Human Rights Perspective (Zed Books 2011) 142–144.
22. Re K (Forced Marriage: Passport Order) [2013] 1 FLR 1653; see also Forced Marriage (Civil Protection) Act 2007 (UK).
23. UNICEF, Child Marriage and Maternal Health (2020).
24. World Health Organisation, Adolescent Pregnancy (2022).
25. UNESCO, Education and Early Marriage (2019).
26. Ibid
27. Save the Children, Psychological Impact of Child Marriage (2018).
28. Human Rights Watch, Domestic Violence in Uganda (2017).
29. WHO (n 41).
30. UNFPA, Obstetric Fistula in Developing Countries (2021).
31. UNESCO (n 42).
32. Human Rights Watch (n 45).
33. Child Rights Act 2003, s 152.
34. Ibid.
35. Ibid.
36. Sheriff and Civil Process Act, Laws of the Federation of Nigeria.
37. High Court (Civil Procedure) Rules.
38. Constitution of the Federal Republic of Nigeria 1999 (as amended), s 35.
39. Child Rights Act 2003.
40. UNICEF, Protecting the Girl Child in Africa (2021).
41. Human Rights Watch, Forced Marriage Worldwide (2023).
