Child marriage in Nigeria: a legal analysis of domestic laws and customary practices in relation to international human rights standards

Abstract

This study examines the persistence of child marriage in Nigeria by analysing how the country’s domestic laws and customary practices align with, or fall short of, international human rights standards. The research focuses on the tension between Nigeria’s international obligations and its plural legal system, which consists of statutory, customary, and religious laws. Although Nigeria has ratified key instruments such as the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, and the African Charter on the Rights and Welfare of the Child, the practice of child marriage remains widespread in several parts of the country. This study employs a qualitative research approach based on desktop research. It analyses legislation, constitutional provisions, case law, and international treaties to identify inconsistencies and gaps that weaken protection for girls. The findings reveal that while the Child Rights Act of 2003 prohibits marriage under the age of eighteen, other laws, including the Constitution, contain provisions that create uncertainty. Section 29(4)(b) of the Constitution, for instance, indirectly recognises adulthood through marriage, thereby undermining the intent of the Child Rights Act. The research also considers the influence of cultural norms, poverty, gender inequality, and limited access to education, which continue to drive the practice despite existing legal safeguards. It finds that the coexistence of multiple legal systems and the uneven domestication and implementation of the Child Rights Act have contributed to weak enforcement and uneven protection for girls across the country. The study concludes that eliminating child marriage in Nigeria requires both legal and social reform. It recommends harmonising national and state laws on the minimum age of marriage, ensuring the full domestication and implementation of the Child Rights Act, and strengthening institutional mechanisms to improve enforcement. It further emphasises the need for public awareness, education, and collaboration among traditional leaders, faith-based organisations, policymakers, parents and children themselves, and other stakeholders, to promote the rights and empowerment of girls.