The age of consent in Nigeria is a complex and often misunderstood issue, intertwined with cultural norms, religious practices, and legal frameworks. While the concept of consent is fundamental to protecting individuals from sexual abuse and exploitation, its application in Nigeria faces numerous challenges.
Consent is agreeing to something. In this case, it means actively agreeing to engage in sexual activity with someone. It establishes permission for sex. Before engaging in sexual activities with someone, you need to ask them for their express consent. Consent can also be withdrawn. You are free to change your mind at any anytime. Yes, even while you’re married or have had previous Even if you’ve had relations before, and even if you’re both naked in bed. There shouldn’t be any ambiguity or miscommunication when it comes to sexual consent. Anything other than yes is not consent.
This article explores the legal landscape surrounding the age of consent in Nigeria, the challenges in its enforcement, and the ongoing efforts to protect children from sexual abuse and child marriage.
The Legal Framework
While the Nigerian constitution does not clearly spell out what the age of consent is, there are certain sections and subsections that peg the age of consent at 18.
Several laws and acts address issues related to sexual offenses and child protection:
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- The Child Rights Act: Guarantees the rights of every Nigerian child and protects them from violence. According to the Child Rights Act, the age of consent is 18 years. Having sexual intercourse with a child is regarded as rape and there are no exemptions.
- The Sexual Offences Act, Section 7: Bans sexual intercourse with anyone between the ages of 0 to 18 and punishes offenders with life imprisonment upon conviction.
The Child Rights Act has been adopted by 31 states plus the Federal Capital Territory and is awaiting ascension in Zamfara. It is important that Nigeria sets a unified age of consent that applies to all parts of the country. The Matrimonial Law, VAPP law and the Criminal Code should all be amended to reflect the age of 18.
However, the dual legal system in Nigeria, with the Criminal Code Act applicable in southern states and the Penal Code Act (based on Sharia Law) applicable in northern states, creates discrepancies. Under the Penal Code, consent can be dependent on the marital status of the girl.
Challenges in Defining and Enforcing the Age of Consent
The absence of a defined legal age in Nigeria leads to confusion and inconsistency in the application of the law. Depending on the code or law being considered, a perpetrator can walk free as long as he claims it was consensual.
Several factors contribute to the challenges in defining and enforcing the age of consent:
- Cultural and Religious Practices: Customary and Islamic laws in several northern states permit traditional harmful practices, such as child marriage. In many Sharia-legislated states in Nigeria, child marriage is justified on religious and traditional grounds, with the age of adulthood based on puberty.
- Poverty and Socio-economic Factors: Some families also sought to lessen their financial burdens by marrying their daughters off.
- Lack of Awareness: After learning that many Nigerians did not understand the gravity of child marriage or how often it happens, we focused our efforts on educating the public on this issue and teaching them about its negative effects, including school dropout, anti-social behavior, depression, low self-esteem and emotional, physical and mental abuse.
Ending Child Marriage: Progress and prospects
The Problem of Child Marriage
Child marriage is a common practice in Nigeria rooted in traditional, economic, religious, and legal conditions that disproportionately affect girls and women. Nigeria’s rates of child marriage are some of the highest on the African continent. The 2020 UN Development Program said in its development report that 43 percent of women ages 20 to 24 had been married by the age of 18 in Nigeria.
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In Nigeria, 43% of girls are married by their 18th birthday. As three Nigerian teenagers, we see how child marriage prevents our peers from reaching their full potential. Child marriage can end a girl’s education, increase illiteracy rates and reduce a country’s economic growth.
Impact of Child Marriage
Child marriage has deep and lasting impacts on women throughout their lives. Human Rights Watch found that married girls in Imo and Kano states are denied their fundamental rights to education, a safe dwelling, and freedom from violence, and often do not have access to adequate health care.
Child marriage directly heightens the risks to girls’ health and the health of their children. Research also shows that married children often experience emotional and mental distress because of the pressures of adult responsibilities, including managing a household and childrearing.
Examples of Child Marriage
The following are accounts of girls who experienced child marriage.
Rachel said that when she was 15, her parents discovered that she was five months pregnant by her then-boyfriend, a senior student in her school. Less than a month later, she was married to a man who was 30 years older, who paid her family ₦15,000 (US$36.52) as a “bride price.” She did not know him and had not interacted with him before they were engaged.
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Obioma O., 18, was married at age 15 to a 60-year-old man, a teacher in her school who had impregnated her while she was in her first year of secondary school. Once she became pregnant, she stopped attending school. The teacher subsequently moved her into his house with his first wife. He didn’t pay a dowry and there wasn’t any formal marriage ceremony.
Nafisatu L. was forced into marriage at the age of 12 to a 27-year-old man. She said that her family had no money to provide for her basic needs and education after her father died. Instead, they planned for her to leave school and marry a man they chose.
Efforts to Combat Child Marriage and Sexual Abuse
Despite the challenges, there are ongoing efforts to combat child marriage and sexual abuse in Nigeria.
Legislative and Policy Measures
Several laws and policies have been enacted to protect children and address gender-based violence:
- Violence Against Persons Prohibition Act, 2015 (VAPP): Mandates NAPTIP to administer the provisions of the Act and collaborate with relevant stakeholders including faith-based organisations.
- National Gender Policy 2021 - 2026: Seeks to equip stakeholders with skills and tools to foster the social change required for achieving the empowerment of women, girls, the elderly, persons living with disabilities, and other vulnerable groups.
- National Action Plan for the Elimination of Child Labour 2021 - 2025: Seeks to eliminate child labour by 2030 in line with international and regional law commitments.
Civil Society Initiatives
Several civil society organizations (CSOs) are working to end child marriage and gender-based violence in Nigeria.
Three teens seek to end child marriage in Nigeria by petitioning to change its constitution. We created the #raisetheage petition to clarify Nigeria’s legal stance on child marriage. When we first started the petition, we only had three signatures (ours). But once word spread through social media, we found that many Nigerians support our efforts. We reached 25,000 signatures in less than two weeks! We currently have 236,950 signatures and that number is growing every day.
To end child marriage, we must tackle the issue on two fronts: amend our constitution and change the traditions and mindsets in our country that support child marriage. We need as many people as possible to back us in this fight.
Some organizations include:
- The Women’s Consortium of Nigeria (WOCON): A non-governmental, non-profit, non-partisan and non-religious organisation committed to the enforcement of women’s and children’s rights and the attainment of equality, development and peace.
- The Action Against Child Sexual Abuse Initiative: A women-led organization founded in 2016, dedicated to combating violence against women and children. As an INHOPE hotline, they facilitate the reporting and removal of child sexual abuse material and are key players in the fight against Online Child Sexual Exploitation and Abuse (OCSEA) in Nigeria.
| Law/Policy | Description |
|---|---|
| Child Rights Act | Guarantees the rights of every Nigerian child and protects them from violence. |
| Sexual Offences Act | Bans sexual intercourse with anyone between the ages of 0 to 18 and punishes offenders with life imprisonment. |
| Violence Against Persons Prohibition Act (VAPP) | Mandates NAPTIP to administer the provisions of the Act and collaborate with relevant stakeholders. |
| National Gender Policy 2021 - 2026 | Seeks to equip stakeholders with skills and tools to foster the empowerment of women, girls, and vulnerable groups. |
| National Action Plan for the Elimination of Child Labour 2021 - 2025 | Seeks to eliminate child labour by 2030 in line with international and regional law commitments. |
The issue of age of consent and child marriage in Nigeria is a multifaceted challenge that requires a comprehensive approach. Harmonizing laws, addressing cultural and religious norms, and empowering girls through education and economic opportunities are crucial steps towards protecting children and ensuring their rights.
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