Tuesday 23 July 2013

#ChildNotBride:A gross Misrepresentation of Fact and Law

I live on the street, where been a female is of no value, where all females actions are relegated, where her future has no future,where she count not of importance.
A girl is not a property to be given away.Tell those people that the feminine gender is not a property... A woman has the right to choose not to be married or marry but only when she is mentally mature enough to decide. By robbing her of that choice...is committing homicide of d highest order.
To be realistic? ,what voice would I have had if I was married out at the age of 13.Right now I am opportune to be caught in this debate because ¶ am an undergraduate and as a result enlightened and not married to a mallam, and giving him kids like pigs. We girls should get married with our own consent, our own mind,.a right to choose who we want to be with. I am not in support of the CHILDBRIDE.
I think, it is the noblest cause on the earth, to not only prepare the future for our children and also prepare our children for the future...But before this FIGHT, which I will love to join, let's get our facts right.
Scott Prestwich Charles, a renowned journalist, submitted many years ago that “comment is free but facts are sacred.” It means that before one exercises his freedom of expression, he or she must get his facts right or straight.

For about 3days now, child marriage is what is in vogue, everybody, everywhere are talking about it through the social media, rallies, demonstrations etc. People showing their grievances and despite, for the senators about it, but the truth of the matter is, that is not the issue.permit me to comment on the present onslaught on the Nigerian Senate about legalising child marriage.
According to the reports on Vangaurd Newspaper, on Tuesday, July 16, 2013, 101 Senators out of 109,assembled to trash out the amendment of the constitution of the federal republic of Nigeria, which was an on-going exercise. There was 31 classes of amendment, including terms of office of elected officers and autonomy of local government authority.


Last week, the senate considered for amendment certain of provisions of Sections 26 to 32of the constitution, which deals with citizenship, and this particular one created the talks of today. It is pertinent to note however that, the child marriage issue was not in contemplation at all.Controversy began when the honourable members of the senate considered Section 29, which deals with renunciation of citizenship for amendment, and this created disaffection in some quarters.Senator Ike Ekwerenmadu-led Senate’s Constitution Review Committee, proposed the deletion of Section 29, Subsection 4b of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Section 29 of the CFRN, goes thus:
29. (1) Any citizen of Nigeria of full age who wishes to renounce his Nigerian citizenship shall make a declaration in the prescribed manner for the renunciation.
(2) The President shall cause the declaration made under subsection (1) of this section to be registered and upon such registration, the person who made the declaration shall cease to be a citizen of Nigeria.
(3) The President may withhold the registration of any declaration made under subsection (1) of this section if-
(a) the declaration is made during any war in which Nigeria is physically involved; or
(b) in his opinion, it is otherwise contrary to public policy.
(4) For the purposes of subsection (1) of this section.
(a) "full age" means the age of eighteen years and above;
(b) any woman who is married shall be deemed to be of full age.


The vote, which had already been taken and carried by the required two-thirds members of the Senate (75 of 109),and which the senate was almost amending with the view of removing the 'B' part of section 4, had to be revisited when Ahmed Sani Yerima (ANPP-Zamfara West),former Governor of Zamfara State worked himself into a frenzy,by invoking a point of order citing Item 61 of Part 1 of the Second Schedule of the Constitution.
On the floor of the senate, he objected the removal of the clause and went a step further by pilling si much pressure on his colleagues not to allow the amendment to pass. Yerima propelled shooting down of the amendment, however, this act, sent a wrong and dangerous signal, that some members of the senate wants to further endanger the girl child in an environment that is made unsafe by socio- economic and security challenges.
Interestingly, by the time the vote was called, the senate could not muster the required 73 votes to allow the amendment sail through.

THE IMPLICATION
Had the amendment sailed through, the direct import would have been that those who relish abusing the girl child via marriage would no longer have any excuse under the constitution. Now, those girl child who have been conscripted into marriages across the country would also qualify to be described as adults because they are married.
On a most serious note, the fact that the provision was not expunged or amended is a very good one, because it would have been unfair on the female child.


MY POSITION AS TO WHAT CAN HELP REDUCE IT NOT TOTALY ERADICATE IT.

*Reserch has it that, the CHILD RIGHT ACT, 2003, has only be domesticated by twenty six states out of 36 states, the government should, ensure that all states domesticate it, and also Enforce it.The 12 states that are yet to pass the Act into Law are: Enugu, Kaduna, Kano, Sokoto, Kebbi, Borno, Yobe, Gombe, Adamawa, Bauchi, Katsina, and Zamfara.

* In my humble opinion, I do not think the removal of Section 29(4) (b) will save the Nigerian child from child marriage, if  we do not collectively put pressure on the core northern states, who are yet to pass the Child Rights Act into state laws to do so without further delay.

* Another thing, is to create a nation fit for children, built through enlightenment and sustained through child protection social policing.

*Also to review the Marriage Act and Matrimonial Causes act, and give a specific age for majority.

*Also a review of the criminal code and the penal code to make provisions for the offence of child marriage and also punishment for such act would help a great measure in discouraging Nigerians to participate in such barbaric and inhumane practise.
I also want to comment the effort of my friends on this issue, LegalEagle, LegalPrince, LegalLion, saiddigge. Thanks so much for the enlightenment.

LEGAL PARROT
ODUSOTE YETUNDE

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