PROTESTS have continued to trail the Nigerian Senate’s passage of a resolution to amend the provision of Section 29 (4b) of the 1999 Constitution.
Section 29 (1) of the 1999 Constitution states: “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.”
Sub-section (4a) states: “Full age means the age of 18 years and above”, while (4b) says: “Any woman who is married shall be deemed to be of full age.” By this, the constitution only allows marriage for a girl of 18 years and above.
But with the proposed amendment by the Senate, a married underage girl is deemed to be an adult.
Prominent Nigerians and human rights organisations have
condemned the Senate’s move. Some have taken to the social media to protest what they described as legalisation of sexual abuse of underage girls.
Petitions have been signed to protest against the law. There are plans by the protesters to convey their opposition to the resolution to all state Houses of Assembly in order to force the Senate to reverse itself.
Those who protested queried why underage Nigerians could not exercise their franchise at the poll but were being subjected to marriage at tender age.
The Gender and Constitution Reform Network (GECORN), a coalition of women’s rights organisations across Nigeria, rejected the Senate’s resolution.
The organisation, in a statement by its National Co-ordinator, Abiola Akiyode-Afolabi, which was made available to journalists in Abeokuta, rejected the argument of Senator Ahmed Yerima that the proposal for the deletion of Section 29 (4) (b) which states that “any woman who is married shall be deemed of full age” is at variance with Islamic law.
“The constitution of Nigeria is the supreme law of the country.”
In a veiled condemnation of the development, former Vice President Atiku Abubakar said: “As a father, I’ve never given out my daughters in marriage before university graduation. It’s a personal decision.
“I had earlier stated my personal choices on the child marriage issue. I have always supported our women and children.”
Atiku then went ahead to take on the Senate voting controversy directly, by twitting thus: “For avoidance of doubt, I do not support any constitutional provision which creates ambiguities about the age consent” and concluded by writing that “I strongly support strengthening the constitution to protect all citizens from abuse; men, women, girls and boys.”
The Serving Overseer of the Latter Rain Assembly, Pastor Tunde Bakare, expressed his outrage at the amendment. Preaching in his church yesterday, Bakare wondered why the senators who would not allow their teenage daughters to marry would make such a law for other children. He urged the House of Representatives not to endorse the law.
On Twitter, several petitions have been sent where users condemned the Senate’s position.
Lagos-based pastor and motivational speaker, Sam Adeyemi, twitted: “If Islam permits something that the rest of the country and many parts of the world feel is detestable, then, it’s a serious issue. We cannot take away from a Muslim the right to practise his or her religion.”
Former Federal Capital Territory (FCT) Minister, Nasir el-Rufai, also twitted: “We need your support. Criminals, from time, use religion to cloak perversion.”
Two of the many tweets by a former Minister of Education, Dr. Oby Ezekwesili, read: “We kid ourselves to think that we can catch up and compete with the rest of the world, when the Girl Child is constrained.
“I got married at 24 after my first post-graduate education. Some think 24 is early but then, I was ready to make sound decisions.”
Nigerian actress, Omoni Oboli, also twitted: “I shudder to think I wouldn’t be who I am today if some perverts had convinced my parents to marry me off before I turned 18.”
Nollywood actor, Nonso Diobi, stated: “If she can’t vote, then she can’t marry. A female child should be taken to the classroom, not labour room.”
Broadcaster, Mo Abudu, expressed her concerns, saying: “My heart is broken by the news from the Senate on Child Brides. This is not the Africa of 2013.”
Reggae artiste, Majek Fashek, also said: “How can a man of 40, 50 or over marry a girl of 12, 13years? What kind of paedophilia is this?”
Eme Ewa of Change.org, an organisation described as the world’s biggest petition platform, has written an online petition to the United Nations (UN), titled ‘United Nations: Stop The Nigerian Senate From Making Under-Age Marriage The Law!”
The wife of Ekiti State Governor, Erelu Bisi Fayemi, urged more men and women of good conscience, civil society organisations, feminists and social justice crusaders to condemn the move by the Senate.
In a statement by her Special Assistant on Media, Akin Oyedele, the governor’s wife described the lawmakers’ move as self-serving and at variance with all international conventions and protocols on the rights of the child, which Nigeria has ratified.
In calling for sustained protest against the move by the Senate to expunge Section 29 sub-section B from the constitution, Fayemi said that the lawmakers should channel their energy towards strengthening laws that promote the well-being of the child.
She said: “I’m not only disappointed in the decision by the Senate. As a mother, I’m ashamed, I’m unhappy and I’m pained that our senators, who also have female children, will vote for child marriage.
“This is time in the country’s history when men and women of good conscience, civil society organisations, feminists and social justice crusaders should stand up to be counted among those vehemently protesting against the decision.
“Instead of this self-serving amendment to Section 29 B of the constitution, our lawmakers should devote more time to legislate on laws that protect the child against violence, exploitation and labour, harmful traditional practices, abuse and denial of education.”
For instance, she said that Article 1 of the United Nations Convention of Rights of the Child, which Nigeria ratified, defines a child as every human being (male or female) below the age of 18 years. Some states in the country, including Ekiti, have also domesticated the convention,
The UN convention clarifies that anybody below the age of 18 may be deemed not to be a child “unless the law of his or her country deems him or her to be an adult at an earlier age, which is rare.”
Section 277 of the Federal Child Rights Act of 2003 thus defines a child as anyone who is below the age of 18 years.
In furtherance of the ongoing constitution amendment, the Senate had voted for the deletion of Section 29, Sub-sections A and B, which prescribes “full age” for a female to be deemed to be constitutionally ripe for marriage.
Section B specifically provides that “any woman who is married shall be deemed to be of full age,” while Section A defines full age as “eighteen years and above.”
As enshrined in the UNICEF mission, the governor’s wife said that it was the duty of the three tiers of government and the citizens to advocate the protection of children’s rights, to help meet their basic needs and to expand their opportunities to reach their full potential.
She called on the National Assembly to encourage states yet to domesticate the child right act to do so, with a further call for the promotion and enforcement of the law in states where they already exist.
Besides the social implication of hounding child girls into early marriage, including denial of childhood and teenage development, she said that there are inherent health hazards in child marriage.
According to her, the National Demographic Health Survey said at least 12,000 women are known to develop Vesico Vaginal Fistula (VVF) every year in Nigeria, a good number of who are said to be young, short teenage girls of poor social economic background.
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