EXAMINATION OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR CHILD PROTECTION UNDER THE NIGERIAN LAW

Abstract

This article titled Examination of the legal and institutional frameworks of child protection under the Nigeria corpus juris, examines how armed conflicts in Nigeria have produced devastating humanitarian consequences, with children emerging as the most severely affected victims. From the Boko Haram insurgency in the North-East to farmer/herder clashes and communal violence across the Middle Belt, children suffered recruitment, abduction, sexual violence, displacement, and denial of education. These recurring violations underscored the need to examine the adequacy and effectiveness of Nigeria’s legal and institutional framework for child protection during armed conflicts. This study examined the legal regime for the protection of children during armed conflicts in Nigeria with the objective of assessing the extent to which domestic laws and institutions complied with international humanitarian and human rights standards. The specific objectives were to identify the relevant legal and institutional frameworks; evaluate the performance of enforcement mechanisms; analyse existing challenges; and propose reforms for more effective protection. The article adopted a doctrinal and analytical methodology, relying on primary sources such as statutes, judicial decisions, and international treaties, as well as secondary materials including scholarly writings and policy documents. It was anchored on natural law, human rights, and institutional theories, which provided the moral and structural foundations for the protection of children in situations of armed conflict. The study found that although Nigeria possessed an elaborate normative framework, institutions like NAPTIP, NEMA, and the NHRC made progress in specific areas, but poor coordination, underfunding, and political interference limited their effectiveness. The study revealed that contradictions between the Child Rights Act and Penal Code, as well as cultural practices like early marriage and child labour, undermined the realisation of children’s rights. The study recommended the harmonisation of all child-related statutes into a unified Child Protection and Welfare Act; the strengthening of Family Courts; the institutionalisation of inter-agency coordination; and the integration of community-based mechanisms and international partnerships to enhance protection and rehabilitation. The study contributed to knowledge by providing a systematic appraisal of child protection laws in conflict situations; bridging the gap between international obligations and domestic enforcement;1 proposing an integrated coordination model; and expanding legal scholarship on child rights within Nigeria’s humanitarian context.