ENFORCEMENT OF FUNDAMENTAL RIGHTS OF THE NIGERIAN CHILD: CALL FOR JUDICIAL INTERVENTION

Abstract

The child, like adults, is a human being entitled to respect for his/her fundamental human rights, and to seek redress for breaches of these rights. These rights are enshrined in the Constitution and other human rights instruments, but are, unfortunately, obeyed more in breach than in compliance. The child is immature and therefore needs protection for his/her adequate development and growth, and the lack of enforcement of violations of their fundamental human rights undermines these objectives. Effective enforcement of the breach of the fundamental human rights of the child is imperative, and the court, as a pillar of justice, can be very instrumental. The court’s role in ensuring effective enforcement of fundamental rights of the child is examined in this work, and its impact on the development of the child is underscored. Doctrinal methodology was adopted, and the work found that breaches of fundamental human rights of the child in Nigeria are rife and their impacts catastrophic. Although the courts have not done much to mitigate these violations, it is believed that they have the capacity to rescue the child from these violations if properly managed. The work recommended inter alia, proactive, speedy and efficient adjudication of fundamental human rights enforcement cases concerning children, as well as the resolution of the conflict between the jurisdiction of the High Court and the Family Court.