APPRAISAL OF TRESPASS AS A TORTIOUS ACTION UNDER THE LAW OF TORT

ABSTRACT

There is no branch of law which transpires the true picture of the society more than the law of tort. The reason being that it is a branch of law that deals with the conduct of the people amongst themselves. Because of the contact people have with themselves in the environment, there are bound to be fiction which will bring about injuries or wrong whether direct or in indirect and for this reason, the law of tort is put in place to compensate persons harmed by the wrongful conduct of others.
One of the major aspects of tort is Trespass. The term trespass has been used in different senses by Lawyers and laymen but the most acceptable of all is that Trespass is the unlawful interference with one`s person, land, and chattel. The law of trespass seeks to protect or compensate it`s victim and its bases is the prevention of breaches of peace. Trespass can be classified into three types namely; Trespass to Person, Trespass to Land, and Trespass to Chattel.
Trespass to person is any direct and immediate interference with personal liberty which is actionable parse and it comprises of Battery, Assault, and False Imprisonment. Trespass to land is the entering upon another person`s land without permission whether forcible or not. Trespass to land can be by wrongful entry, remaining on land, placing things on land, and trespass above and beneath the surface of land. Trespass to chattel us a direct and wrongful interference in the possession of another. Conversion and Detinue come under trespass to chattel and there is no doubt that there are differences between the two even though they seem similar.
This research work seeks to examine the principles of law applicable to Trespass to person, Trespass to land, and Trespass chattel which form the major classifications of Trespass with a view to enlightening the general public. Moreover, there are cases where a person may seek to justify his actions. Such justifications in law are known as defences. These defences shall be examined in the course of this research work.

• TABLE OF CONTENTS
• ABSTRACT
• TABLE OF CASES

• TABLE OF STATUTES

• INTERVIEWS AND PERSONAL COMMUNICATION

• LIST OF ABBREVIATIONS

• CHAPTER 1

• GENERAL INTRODUCTION

• 1.0.0: INTRODUCTION

• 1.1.0: BACKGROUND TO THE STUDY

• 1.2.0: OBJECTIVES OF STUDY

• 1.3.0: FOCUS OF STUDY

• 1.4.0: SCOPE OF STUDY

• 1.5.0: METHODOLOGY

• 1.6.0: LITERATURE REVIEW

• 1.7.0: DEFINITION OF TERMS

• 1.8.0: CONCLUSION

• CHAPTER 2

• TRESPASS TO PERSON

• 2.0.0: INTRODUCTION

• 2.1.0: BATTERY

• 2.2.0: ASSAULT

• 2.3.0: FALSE IMPRISONMENT

• 2.4.0: DEFENCE OF PERSON OR PROPERTY

• 2.4.1: DEFENCE OF CONSENT

• 2.4.2: DEFENCE OF LAWFUL ARREST

• 2.5.0: CONCLUSION

  CHAPTER 3

• TRESPASS TO LAND

• 3.0.0: INTRODUCTION

• 3.1.0: TRESPASS BY WRONGFUL ENTRY

• 3.2.0: TRESPASS BY REMAINING ON LAND

• 3.3.0: TRESPASS BY PLACING THINGS ON LAND

• 3.4.0: TRESPASS ABOVE AND BENEATH THE SURFACE OF LAND

• 3.5.0: INTERFERENCE WITH POSSESSION

• 3.6.0: DOES SELF-HELP CONSTITUTE A VALID DEFENCE?

• 3.7.0: DEFENCE OF LICENCE

PROVOCATION AS A DEFENSE TO CRIMINAL LIABILITY: THE NIGERIAN PERSPECTIVE

ABSTRACT
One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment. The defence of provocation is available to an accused as a mitigating defence rather than an absolute one because much as the law recognizes human weakness, it does not condone human ferocity.
This project work shall attempt a detailed examination of provocation as a defence to criminal liability largely concentrating on the Nigerian perspective.
In order to achieve this objective, the work is divided thus:Chapter one will give a general introduction to provocation, what is a crime, elements of crime, criminal liability, the definition of provocation as defence, the defences which are open to an accused under the Nigerian criminal justice system, the historical development of the defence of provocation and also the justification for the defence of provocation. Chapter two will cover expressly the defence of provocation under the Nigerian Law, the elements that sufficiently constitute provocation and the offences to which provocation is a defence under Nigerian Law, it will also cover an analysis of some of the Nigerian cases on the defence of provocation. Chapter three will focus on the restrictions and limitations of provocation as a defence, the rule of proportionality as a limitation to the plea of provocation, the reasonable man’s test, the issue of retreat and provocation by a third party, Chapter four will focus on the conclusion and recommendation.
The methodology of the research is Doctrinal, Analytical and Argumentative. Information shall be sought from law libraries and the internet. Recourse shall be made to books, journals, law reports and statutes.
TABLE OF CONTENT
TITLE PAGE i
CERTIFICATION ii
DEDICATION iii
ACKNOWLEDGEMENTS iv
TABLE OF STATUTES vi
TABLE OF CASES vii
LIST OF ABBREVIATIONS xv
TABLE OF CONTENT xvii
ABSTRACT xix
CHAPTER ONE 1
PRELIMINARY CONSIDERATIONS 1
1.1 INTRODUCTION 1
1.2 CRIME 4
1.3 ELEMENTS OF CRIME 18
1.4 THE PRINCIPLE OF CRIMINAL LIABILITY 23
1.5 DEFINITION OF PROVOCATION AS A DEFENCE 29
1.6 HISTORICAL DEVELOPMENT OF THE DEFENSE OF PROVOCATION 31
1.7 JUSTIFICATION FOR THE DEFENCE OF PROVOCATION 37
CHAPTER TWO 43
THE DEFENCE OF PROVOCATION UNDER NIGERIA LAW 43
2.2 DEFINITION OF PROVOCATION UNDER NIGERIA LAW 45
2.2 ELEMENTS OF PROVOCATION UNDER NIGERIA LAW 51
2.2.1 THE PROVOCATIVE ACT 53
2.2.2 LOSS OF SELF-CONTROL 79
2.2.3 RULE OF PROPORTIONALITY 85
2.3 OFFENCES TO WHICH PROVOCATION IS A DEFENCE 88
2.3.2 ASSAULT 91
2.3.3 MANSLAUGHTER 93
2.3.4 DEFAMATION OFFENCES AND MALICIOUS DAMAGE 93
2.4 AN ANALYSIS OF SOME OF THE NIGERIAN CASES ON PROVOCATION DEFENCE 94
CHAPTER THREE 105
RESTRICTIONS AND LIMITATIONS OF THE DEFENCE OF PROVOCATION 105
3.1 THE RULE OF PROPORTIONALITY 107
3.2 THE REASONABLE MAN’S TEST 115
3.3 THE ISSUE OF RETREAT 131
CHAPTER FOUR 141
4.1 CONCLUSION 141
4.2 RECOMMENDATION 144

ABSTRACT
Constitutional power, being the power fashioned out through the sovereign free will of the people, is basically meant to regulate the conduct of both the government and the governed. It is central to politics. The 1999 Nigerian Constitution vests executive powers in the President who is the Chief Executive. Similarly, the 1999 Constitution confers on the President, the power to assent to bills and modify existing laws. Even though there is provision for delegation of powers, such delegates act only for and on behalf of the President hence such acts are acts of the President. In a country like Nigeria, whose history, especially as regards executive Presidency dates back only to 1979, it is obviously difficult to attempt to imbibe the political model of the United States of America whose executive Presidency is centuries old, without obstacles. When such powers as are conferred by sections 5, 58 and 315 as well as other specifically granted powers in the Constitution are vested in one man called the President, without effective checks and balances, and without a clear frontier as in section 5(1)(b), the tendency is that such powers will be misused. Power, it is said, “tends to corrupt; absolute power corrupts absolutely”1. It is in the light of the foregoing that this thesis examines the gamut of the powers vested in the President, particularly as exercised since the coming into being of the 1999 Constitution.
 
TABLE OF CONTENTS
PAGES
TITLE PAGE DECLARATION CERTIFICATION DEDICATION ACKNOWLEDGEMENTS TABLE OF CONTENTS ABSTRACT
TABLE OF STATUTES TABLE OF CASES
CHAPTER ONE: GENERAL INTRODUCTION
INTRODUCTION
STATEMENT OF THE PROBLEM
OBJECTIVES OF THE RESEARCH
JUSTIFICATION
RESEARCH METHODOLOGY
SCOPE/LIMITATION
LITERATURE REVIEW
ORGANISATIONAL LAYOUT
CHAPTER TWO
THE CONCEPT OF POLITICAL POWER 19
Normative View of Power 21
Post-Modern View of Power 21
Pragmatic View of Power 22
The Crux of Political Power 22
THE NATURE OF PRESIDENTIAL POWERS 23
Origin of Executive Presidency 23
The nature of executive power exercisable by the President 24
The Specific Grant Theory 25
The Residual Power Theory 27
The Inherent Power Theory 29
Power and Prospect of Arbitrariness: Checks and Balances 32
GENESIS OF THE EXECUTIVE PRESIDENCY IN THE 1999 CONSTITUTION 34
History of Executive Powers of the President 35
BASIC FEATURES OF THE 1999 NIGERIAN
CONSTITUTION 39
Basic Features of the Constitution 40
It is Presidential in Nature 40
Its Supremacy 41
Its Written and Rigid Nature 42
Its Republican Nature 43
Its Federal Nature 44
Separation of Powers 45
Rule of Law and Basic Rights 46
CHAPTER THREE
A CRITICAL ANALYSIS OF PRESIDENTIAL POWERS
UNDER THE 1999 NIGERIAN CONSTITUTION 48
POWER TO EXECUTE AND MAINTAIN THE
CONSTITUTION 48
SECURITY POWERS 53
POWER TO APPOINT AND REMOVE FROM OFFICE 55
Ministers and Special Advisers 55
Power to Appoint Federal Attorney-General 57
Civil Service of the Federation 60
Power Over Commissions and Councils 61
Judicial Appointments 64
POWER OVER PUBLIC REVENUE 65
PREROGATIVE OF MERCY 65
EMERGENCY POWERS 67
POWER OVER EXISTING LAWS 70
CHAPTER FOUR
A CRITIQUE OF THE EXERCISE OF EXECUTIVE POWERS IN THE 1999 CONSTITUTION
Power to act within the Ambit of the Constitution
Maintenance of Public Safety and Order
Power to Appoint and Remove from Office
Command and Operational use of the Armed Forces
Emergency Powers
Rule Making Power And The Separation Of Powers
4.6.1 Implications of Presidential Power under sections 58 and 315 of the Constitution
CHAPTER FIVE
SUMMARY
Powers of the President
OBSERVATIONS
RECOMMENDATIONS
Redefine the power of the President under section 5(1)(b)
Decentralise the Police Force
Strengthen National Defence Council
President should obtain concurrence before exercising emergency powers
Divest the President of Power to make rules
CONCLUSION
 

A CRITICAL ANALYSIS OF THE SECTION 144 OF THE 1999 CONSTITUTION

ABSTRACT
On the 23rd of November, 2009, President Musa Yar’Adua left Nigeria for treatment abroad in an undisclosed country. For the next 80 days, nobody heard from or saw the federal republic of Nigeria. Even the vice-president, Goodluck Jonathan, could not give any reasonable report of the president’s whereabouts. The activities of the federal executive council became suddenly shrouded and ambiguous. As expected, question about the whereabouts and status of the president began to fly at the national assembly, the judiciary and the federal executive council. The attendant issues that emanated from this situation led to a very tensed period of fierce constitutional arguments by different quarters, especially from legal practitioners, scholars, authors and most especially, the media who put up quite a show fielding all sorts of rumors and speculations.
The purpose of this thesis therefore, is to critically appraise the all the constitutional issues that emanated from the Yar’Adua’s saga. In view of this, the office of the president would be critically examined, together with his powers and obligations in relation to section 144 of the Constitution of the Federal Republic of Nigeria, 1999. Also, the obligation of the Federal Executive Council, the National Assembly and the Judiciary would be examined too.

• TABLE OF CONTENTS

• ABSTRACT

• TABLE OF CONTENTS

• TABLE OF CASES

• TABLE OF STATUTES

• LIST OF ABBREVIATIONS

• CHAPTER 1

• GENERAL INTRODUCTION

• 1.0.0: INTRODUCTION

• 1.1.0: BACKGROUND TO THE STUDY

• 1.2.0: OBJECTIVES OF THE STUDY

• 1.3.0: FOCUS OF THE STUDY

• 1.4.0: SCOPE OF THE STUDY

• 1.5.0: METHODOLOGY

• 1.6.0: LITERATURE REVIEW

• 1.7.0: DEFINITION OF TERMS

• 1.8.0: CONCLUSION

• CHAPTER 2

• APPRAISAL OF THE OFFICE OF THE PRESIDENT AND THE VICE PRESIDENT

• 2.0.0: INTRODUCTION

• 2.1.0: THE OFFICE OF THE PRESIDENT AND VICE-PRESIDENT

• 2.1.1.0: THE PRESIDENT

• 2.1.1.1: THE VICE PRESIDENT

• 2.2.1: QUALIFICATION AND NOMINATION OF THE CANDIDATES CONTESTING FOR THE OFFICE OF THESE OFFICES

• 2.2.2: GROUNDS FOR THE DISQUALIFICATION OF CANDIDATE

• 2.2.3: TENURE OF THE OFFICE OF THE PRESIDENT

• 2.2.4: PROVISION FOR THE EXTENSION OF THE TENURE OF THIS OFFICE

• 2.2.5: DEATH, INCAPACITATION OF THE OF THE PRESIDENT ELECT BEFORE OATH OF OFFICE

• 2.2.6: DUTIES, POWERS AND OBLIGATIONS OF THE PRESIDENT

• 2.2.7: REMOVAL OF THE PRESIDENT FROM OFFICE

• 2.3.0: CONCLUSION

• CHAPTER 3

• IMPLICATIONS OF THE ABSENCE OF THE PRESIDENT FROM OFFICE

• 3.1.0: INTRODUCTION

• 3.1.1: THE ABSENCE OF PRESIDENT MUSA YAR’ADUA FROM OFFICE

• 3.2.0: THE LEGISLATURE IN RESPECT OF THE OF THE YAR’ADUA’S CASE

• 3.2.1: THE POSITION OF THE JUDICIARY

• 3.2.2: THE POSITION OF AUTHORS AND SCHOLARS

• 3.30: CONCLUSION

• CHAPTER 4

• AN EXAMINATION OF THE PRESIDENT YAR’ADUA’S CASE

• 4.1.0: INTRODUCTION

• 4.1.1.0: PERMANENT INCAPACITY OF THE PRESIDENT

• 4.1.1.1.: MEANING AND AN EXAMINATION OF PRESIDENT YAR’ADUA’S MEDICAL CONDITION

• 4.2.0: THE FEDERAL EXECUTIVE COUNCIL

• 4.2.1: AT WHAT POINT DOES THE FEDERAL EXECUTIVE COUNCIL PASSES THE RESOLUTION DECLARING THE PRESIDENT INCAPACITATED

• 4.3.0: A CRITIQUE OF THE MUSA YAR’ADUA’S CASE

• 4.4.0: CONCLUSION

• CHAPTER 5

• GENERAL CONCLUSION

• 5.0.0: CONCLUSION

• 5.1.0: RECOMMENDATION

• BIBLIOGRAPHY

A critical analysis of the Missing Gaps in the 1999 Constitution of Nigeria

Abstract

This paper explores the missing gaps in the 1999 Constitution of the Federal Republic of Nigeria to demonstrate evidence of adverse implications of the identified gaps on democracy transformation in Nigeria. The paper deploys a desk review methodology which draws from various relevant case examples and sections of the constitution and provides insights on some of the salient gaps in the constitution. The paper draws from the elite conspiracy theoretical framework and suggests that the constitution has been fundamentally contradictory and poorly directed at both the social and political realities of the country, which rarely constitute a marker of democratization since Nigeria’s nascent democracy in 1999. The paper proposes a constitution review to urgently redress the identified lacuna and broaden the scope of the constitution in tandem with democratic ideals.

BACKGROUND TO THE STUDY

Constitutional development is a dynamic process and as such susceptible to a number of short comings (Ezra 1964; Ikime 1980; Akande 1982; Udoma 1994; Odondiri, 2004). In the pre independence period Nigeria had many constitutions introduced by the colonial government. First was the Clifford Constitution of 1922, then, the Richards Constitution which came into force in 1946 and was suspended in 1950 while the McPherson and Littleton Constitutions were opened between 1951 and 1954 respectively. In 1960, Nigeria adopted the Independence Constitution this was followed by some other post – independence constitutions such as the 1963 republican constitution, the1979 constitution and the 1999 constitution respectively (FGN 1963; 1979; 1999). Much of the post “Independence Nigeria was characterized by military interregnum, giving little or no room for constitutional practice. Since the fall of the first republic as a result of the first military coup in 1966, Nigeria experienced series of coups and counter coups giving rise to a thirty month civil war between1968 to 1970. In 1979 Nigerian adopted a presidential constitution following the Second republic which also came to an end with another coup in 1983. The Third Republic was aborted as a result of the annulment of the June 12thPresidentialelection which created tension in the polity. In 1999 Nigeria returned to civilian rule, with democracy as a system of government it retained the existing federal structure which implies the constitutional share of power between the centre and the federating component units. The 1999 constitution was adopted and used as the supreme law of the state .A number of case scenarios and constitutional matters suggest that the 1999 constitution has a number of gaps which have been at issue in effective governance and politics in Nigeria. These constitutional loopholes which have not been given adequate scholarly attention remain the source of several controversies that continue to threaten political stability and democracy transformation in Nigeria. Salient among them include but not limited to; Questions of citizenship/indigenship, power transition, power sharing, inter party conflict etc. These remain recurring issues which the Nigerian constitution is still grappling with. These gaps point to the areas of weaknesses or flaws that contradict the desire and spirit of the constitution. The loopholes reveal what is termed a lacuna in legal parlance. These lacuna often reoccur in political practices and governance when they are rarely envisaged hence the need for a brief review. The paper argues that these gaps have adverse implications on the quality of Nigeria’s democracy and its deepening. It shows how these gaps reflect poor governance and political participation which contradicts the ideals of democracy. Relevant case examples were explored to provide fuller insights and broader elucidation of some of the salient gaps identified in the constitution. The rest of the paper is structured as follows; materials and methods, brief overview of the 1999 constitution, evidence of some constitutional gaps and case examples, finally conclusion

AN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAME WORK ON FOOD SUFFICIENCY IN NIGERIA

ABSTRACT
One of the goals of Nigeria Agricultural Development policy is to achieve for the nation enough food sufficient for the consumption and utterly reduce the rate of dependency on imported foods, with the view of ensuring adequate and affordable food for all.

LAW ESSAY: AN APPRAISAL OF THE LEGAL AND INSTITUTIONAL FRAME WORK ON FOOD SUFFICIENCY IN NIGERIA

This research work is aimed at evaluating food sufficiency situation in Nigeria looking at the intervals between 1991-2016. This research reveals that there is a shortfall in locally produced food. Taking into account the total population of Nigeria to 3.2% whereas the ratio of domestically produced food has been reduced to 1% which is an indication that the demand for food is far reached and higher than the supply for such food.some of the identifiable factor responsible for this include,inconsistency in government policies, corruption, environmental degradation and unsuitable agricultural produce, therefore this research reveals that Nigeria solely depends to a great extent on imported food. Finally this study equally reveals various government policies, institutions and legal framework on achieving food sufficiency in Nigeria.This research work adopted analytical and comparative approaches in the analysis of relevant materials to the research contained in Nigeria and other international legislations, decided cases, journals, articles, newspapers and magazines including other relevant internet sources. The researches equally recommend some vital point which will be a panacea to achieving food sufficiency in Nigeria.

APPRAISAL OF TRUE FEDERALISM AND RESTRUCTURING UNDER NIGERIAN LAW

Nigeria has come a long way in its political and constitutional evolution. However, the jury is still out on whether the ends so far achieved justify the means deployed. Nigeria has enacted roughly five constitutions between independence and now, though one was inoperative: the 1960 (Independence) Constitution; 1963 (Republican) Constitution; 1979 (Second Republican) Constitution; 1989 (Babangida) aborted Constitution; and 1999 Constitution (as amended). Elaborate and often expensive constitutional conferences and/or constituent assemblies preceded the making of these constitutions. In the end, it is the attempt, not the deeds, that confounds us, to invoke Shakespeare’s Macbeth. The 1960 Independence Constitution was preceded by the London Conferences of 1957 and 1958 as well as the Constitutional Conference of 1960. The 1957 Conference deliberated and decided on many issues. It decided on internal self-governance in 1959 and full political independence in 1960. There was a proposal to create new states out of the then existing three – Northern, Western, and Eastern – regions, in order to establish equilibrium and allay the fears of minorities.14 The fears of the minority in a lopsided regional arrangement led to the creation of a Commission of Enquiry to ascertain the facts about the fears of minorities in any part of Nigeria and to propose means of allaying those fears. The Minorities Commission, led by Sir Henry Willinks, submitted its Report in 1958. It failed to recommend the creation of new States. However, it recommended the incorporation of Fundamental Human Rights in a future constitution. The Constitutional Conference of 1960 that deliberated on the Independence Constitution gave no consideration to the Willinks Commission Report. Meanwhile, the 1960 and 1963 Constitutions provided for a federal system consisting of strong regions and a centre with limited powers.

An Appraisal Of Child Marriage Under Nigerian Law

Background of the Study

Nigeria has once again attracted the World’s attention on a topical issue of global interest. This time around, the attention was shifted from insurgency of the dreaded and uncompromising Boko Haram in the Northern Nigeria; corruption in the high places; our undemocratic political parties; communal land disputes between Ezza and Ezillo in Ebonyi State; the Plateau State senseless family cleansings and so on to a more sensitive issue of individual, family, state, national, regional and global interest bothering on Child Marriage. The battle line was drawn by the National Assembly through the Senate when S29 (b) of the Constitution which contradicts S29 (a) particularly the Child Rights Act on Age limit for marriage was attempted to be amended. Although this part of the constitution deals with citizenship matters, the clause in the opinion of many grants the liberty for an adult male to marry under-age girl who is less than 18 years. Once this happens, such marriage seems to conferon the Child Bride adulthood and legal capacity. However, the Senate had initially voted to delete the clause before Senator Yerima of Zamfara State persuaded his colleagues for a second vote which eventually purportedly went for his favour. He argued that that it would be blasphemous and against Islam to legislate or fix the age of marriage in years. Consequently, the second vote failed to remove that constitutional provision. The informed public and Human Rights community interpreted the Senate resolution as express adoption of Girl-Child Marriage in the Country at a time when government is pumping billions of Naira from local and foreign aids in a bid to increase girl-child school enrolment. Indeed, it was seen as a major drawback by the Human Rights Community and well informed individuals.

PROJECT TOPICS: An Appraisal Of Child Marriage Under Nigerian Law

Consequently, the National Open University of Nigeria, School of Law braced the trail by being the first ivory institution in the country and indeed in Africa after the saga to organize a public Seminar/Workshop to discuss the vexed and controversial issue which has generate considerable interest locally and internationally on the 4^th of September, 2013 at the School Auditorium in Lagos. It was a conference of Nigeria’s finest brains from academic to religious as well traditional leaders and captains of industries. Speakers after speakers in the event, all speaking from their background and perspective on the day but one thing was absolutely common in all their submission; that the law as well as religious faiths did not provide marriageable age of a girl-child but rather, religions, conflict of laws dictates the right age of marriage of a girl-child.
This paper is in line with the Spirit of the current debate on Child Marriage in Nigeria yearning for a lasting solution to the issue. It is obvious that one does go after rats when in actual sense, his roof is under fire. How long do we condone evil and impropriety in our land shows how much we appreciate good things. It is time to call a spade a spade. The old adage that says it’s better to allow a sleeping dog lie can no longer hold water in face of teething challenges and problems occasioned by inhumanity of man to man. We must at all time and in all places no matter the cost to us stand for justice, equity and fairness. Therefore, this paper expectedly draws from the proceedings of the Seminar/Workshop and at the same time tries to explore deeper by examining some conceptual, empirical and theoretical framework of the subject matter under discussion. This paper will at the end draw its implications, prospects and solutions to the Child Marriage from the findings earlier examined.
It is hoped that this paper will provide students, parents, government, academics, Human Rights Activists and Religious leaders with sufficient knowledge on Child Marriage. However, the objective is to enlighten all stakeholders especially the lawmakers whose responsibility is to make law for law and order that can stand the test of time and guarantee peace in our nation. All data used are secondary and we shall employ content analysis in our presentation, analysis and conclusions thereof.
 

NIGERIA AND CHILD MARRIAGE: LEGAL ISSUES, COMPLICATIONS, IMPLICATIONS, PROSPECTS AND SOLUTIONS

Abstract

Child marriage is often deployed as a response to crisis, considered by families and communities to be the best possible means of protecting children. Fear of rape and sexual violence, of unwanted pregnancies outside marriage, of family shame and dishonour, of homelessness and hunger or starvation were all reported by parents and children as legitimate reasons for child marriage in some localities.Poverty, weak legislative frameworks and enforcement, harmful traditional practices, gender discrimination and lack of alternative opportunities for girls (especially education) are all major drivers of child marriage. However this researchers finds in addition to the above mentioned that lack of political will coupled with multiplicities of laws accounts for non-apprehension and prosecution of offenders thereby allowing them to hide under religion and continue to perpetrate crime against humanity. This study is an attempt to fill the void and chart the way out into a brighter and not bleak future for the girl child using data in our content analysis. We hope that stakeholders most especially government and the National Assembly can rise to the challenge and harmonise all laws necessary to deter child marriage in Nigeria.