RIGHT TO EDUCATION OF THE GIRL CHILD AND PRACTICE OF CHILD MARRIAGE IN NORTHERN NIGERIA: CHALLENGES AND WAY FORWARD

Abstract

Child marriage is a perennial problem that is common and peculiar in Northern Nigeria with attendant increase in number of out of school girls. Efforts are made to contain the trend of child marriage as can be gleaned from the enactment of Child’s Right Act which prohibits child marriage. However, Child Right Laws in most states of the North seem to permit child marriage where the child has attained puberty. Out of several options that are been considered as possible solutions to the problem of child marriage, the strategy that seems to have agitated the international community, government and other stakeholders is free and compulsory education of the girl child. This paper adopted doctrinal method of research to examine the practice of Child marriage and how compulsory education impacts practice of child marriage in the North. Thus, the research question was, what is the best way forward for addressing the prevailing culture of marriage with children in Northern Nigeria? This paper has found that some legislation and customs seem to permit child marriage and betrothal despite the acclaimed right of the girl child to free, and compulsory education, and the International legal instruments which do not permit child marriage. More so, the problem of marriage with a child requires a multi- faceted approach rather than the compulsory education approach which seems restrictive. Thus, it has been recommended that the Child Right Laws of the Northern states should be amended to clearly prohibit child marriage in the North, and proscribe customary practices that promote marriage with a child.