CHILD'S RIGHT ACT, 2003
AltRANGEMENT OF SECTIONS
SECTION:
1. ~est interest of a Child to be of paramount consideration in all actions. 2 A child to be given protection and care necessary for his well-being, 3. Application of'Chapter IV of 1999 Constitution,'etc. 4. Right.to' survival and development. 5. Right to name. 6. Freedom of association and peaceful assembly 7. Freedom of thought, conscience and religion. S. Right to private and family life. 9. Right to freedom of movement. 10. Right to freedom from discrimination. II. Right to dignity of the child. 12. Right to-leisure, recreation and cultural activities. 13. Right to health and heal services. 14. Right to parental care, protection and maintenance. 15. Right ora child to free, compulsory and universal primary education, etc. 16. Right of a child in need of special protection measure. 17. Right of the unborn child to protection against bairn, etc; IS. Contractual rights of a child. 19. Responsibilities of a child and parent. 20. Parent, etc. to provide guidance with respect to child's responsibilities. 21. Prohibition of child marriage. 22. Prohibition of child betrothal. 23. Punishment for child marriage and betrothal. 24. Tattoos and skin marks. 25. Exposure to use, production and trafficking of narcotic drugs.etc. 26. Use of children in other criminal activities. 27. Abduction, removal and transfer from lawful custody. 2S. Prohibition of exploitative labour, 29. Application of Labour Act, Cap198 ofLFN 1990. 30. Prohibition of buying, selling, hiring or otherwise dealing in children for
the purpose of hawking or begging for alms or prostitution, etc. 31. Unlawful sexual intercourse with a child, etc.
-------------_ .•••-_ •.• ,>,'
A452 2003 No.26 Child's Rights
32. Forms of sexual abuse and exploitation. 33. Other forms of exploitation. 34. Prohibition of recruitment of children into the Armed Forces. 35. Prohibition of importation ofhannful publication. 36. Penalty for harmful publication. 37. Power to issue warrant of arrest, sunnnons, search, etc. for hartnfW
publications. \ . 38. Power of court to order forfeiture, etc. 39. Removal of jurisdictional limitation of magistrates, etc. 40. Application of Criminal Law provisions. ' 41. Child assessment orders. 42. Emergency protection orders. 43. Duration of emergency protection orders, etc. 44. Children taken into police protection in cases of emergency. 45. Duty of a State Government to investigate. 46. Disclosure of whereabouts, etc. of children who may be in need of
emergency protection. 47. Abduction of children in care, etc. 48. Refuge for children at risk. 49. Rules and regulations under this Part. 50. Power of certain persons to bring children in need to care and p.roteCtfon
before a court in certain cases. ," 51. Power to make order where parent or guardian is unable to exercise control. 52. Power of court to order parent, etc. contribute to maintenance. 53. Care and supervision order, general. 54. Periodwithin which application for order under this part must be disposed off. 55. Effect of care order. 56. Parental contacts, etc. witb:children in care. 57. Duty of supervisors while supervision orders are in force. 58. Education supervision orders. 59, Power of court in proceedings.where question of welfare of child arises. 60. Interim orders. 61. Discharge and variation, etc. of care orders and supervision orders. 62. Orders pending appeals in cases relating to care or supervision orders. 63. Power of court to require use of scientific tests; 64. Consents, etc. required for taking scientific samples. 65. .Power of Minister to provide for manner of giving effect to directions for
use of scientific tests. 66. Failure to comply with directions for ~g of scientific tests. 67. Penalty for impersonating another, etc;ior purpose of providing scientific
sample. 68. Acquisition of parental responsibilities. 69. Power of the court to make order in reS)'ect to custody of rights of access
to a child.
Child's Rights 2003 No.26 A 453
70. Orders as to custody. 71. Validity of custody agreed to in separation deeds. 72. Principal on which questions relating to custody, upbringing,etc. of
child is to be decided. . 73. Court to have regard to conduct of parent 74. Power of Court as to production of child. 75. Power of court to consult child's wishes. 76. Power of court to child's religions education. 77. Enforcement of order for payment of money by attachment of income. 78. Notice of change of' address by person ordered to ~ money. 79. Power oftbe M~ter to make orders, etc. as to custody of Children. SO. Prohibition against acquiring custody, etc. of child for the purpose of
dealing in the child. 81. .Penajties-for contravening Sections 79 and 80. 82. Parental responsibility of a guardian. 83. Guar~hipofachild. 84. Order for guardianship of a child. 85. COnsent of a person appointed as a guardian. 86. Revocation of guardianship. 87. Power of a guardian over estate of a child. 88. Disputes between joint guardians. 89. Appointment of Guardian ad litem. 90. Establishment of panels of persons from which guardians ad litem may
be appointed. 91. Right of guardian ad litem to have access to records. 92. Saving of existing orders and jurisdiction of the Court 93. Jurisdiction of court. 94. Wardship order. 95. Maintenance ora ward of Court. 96. Committal; of ward to care ofappropriate authority, etc. m. Matrimonial causes. 98. Dismissal of application for wardship.' 99. Rules for application for wardship. 100. Application for fostering. 101. A child to be fostered. 102. Making a fostering order. 103. limit on number of children Whomay be;fo~redif); 104. .Restriction on the making of fostering orders. lOS. Consent to fostering;)!';' ' 106. Further conditions for lllaking offostering.orderss 107. Interim Orders. 108. Rules of Court.
/
A 454 2003 No.26 Child's Rights
109. Appeal. . 110. Rights and duties of foster parents and other persons. 111. Effect of fostering on maintenance order. 112. Fostered children register. 113. Visit to fostered child by child development officers. 114. Revocation of a foster order on grounds of the interest of the child. 115. Prohibition ~f receiving ptoney or reward as induce~nt to foster a child. 116. Prohibition of taking, sending fostered child out of state'orNigeria. 117. Prohibition of withdrawal of a child from the care of the applic-.t. 118. Foster parent prohibited from marrying fostered child. 119. Non-compliance with lawful directives. 120. Private arrangement for fostering children. 121. Weifare of a child fostered privately. 122. A person disqualified from fostering a child privately. 123. Power of state government to prohibit private fostering. 124. Offences under this part. 125. Establishment of adoption services, etc. 126. Application for adoption, etc. 127. Religious upbringing of adopted child. 128. Persons who may be adopted. 129. Persons who may adopt. 130. Power to make adoption order. 131. Restrictions on the making of adoption orders. 132. Required consent. 133. Conditions preceeding the making of adoption order. 134. Power of court to impose terms-and conditions, 135. Interim orders, pending adoption orders. 136. Jurisdiction of the Court. 137. Rules of the court for adoption of a child. 138. Appeals. 139. Adoption when corrective orders is in force. 140. Adoption where maintenance order is in force. 141. Effect of adoption. 142. Establishment of the adopted children register. 143. prohibition of certain payments for adoption. 144. Restriction on inter-state adoption. 145. Licence to give child for inter-state adoption. 146. Recognition of other adoption. 147. Adopted parents, etc. prohibited from marrying adopted child. 148. Visit of adopted child development officers. 149. Establishment of the family court. 150. Court to have two levels. lSi. General jurisdiction. 152. Family Court at the High Court level.
Child's Rights 2003 No.26
153. Family Court at the MagistrateCourt leve1. 154. Professionalisation and training of Court personne1. 155. . Right to counsel, etc. 156. ExcltisioJl of persons frOlllattending court. 157. ProhibitioA of publication of child's name, etc. 158. Proceedings to be in the interest of the child. 159. Attendance of parents guardians or child at the hearing in the Court. 160. Evidence giving·by a child 161. lWles for procedures, fee, etc. 162. ElKlusive jurisdiction. 163. Registration, etc. of child minding and day care centre. 164. Conditions to be complied with by child minders. . .' 165. Condi~ons to be complied with by persons providingcS,.y:p~e(Qr:
children. 166. CancellationofregistratiQnQfacIJiJ9,~4e;2': IlI.5O0' f~,,)tx.i6;j;":6 "~t !)\;[) 167. Protectionpf children emergency cases 'ofcancellation ofregisW-J~~p*&noi,)u;u,q 168. Powers of~State Government to inspect pre~cHcbiw!f0iJil'~iJb; [W;)72do!''l 169. State Government to give applicant n~,,~~~qIA~~ !fM.l!1".enoijl"2;t~i:J;:Cf;:: 170. Offences under this Part. .f;o~TXi!ib;o ,,!,:'J 171. Provisions of services for children in »§M.,f!\Wlol elJJ'mi'~, ;~.Jod1k'H ",~;:,)h'!l:i?,VJi"rU 172. Day care for pre-school children. .hInL, ~!h"to 2);i..ah biE;;~uJDP ~xjj f" JIL -Rtfview of provision for day care, children minding, etc~ji;I:::;~1£i1'1.1>:;: U;X;(;:; h~li;l; 174. Provision of accommodation for children genera1. J;::i'j. si;'abtl:x; fiC;(}il::2".rI 175. Provision of accommodation for childre~i6!~~~c;~~~::'ib;'rml
remand, etc ,;':.··,·"n,,, "'rd-, +1"" ""}J,·"t r: ,,,·,·,·, 'f"","• ~""""-"~V"''':l '_'~'r~_' £!J. ''1'''-, ~.• _ '!C~'''''1"-, .•..-,,.r •••• J-=.>.I-.' :,W.5.;: .. ," ..: 176. Reference to child looked after by state gove~ll:.:ib>Jib~: tu ?era::1f)i:rT '"'~"A j
children looked after by it. 179. Advice and assistance fQfiIJ~~~J~$ ')0 1)(;ro n:1 :11.uo:Yt'3"('I;:;"G'I 180. Use of accommodation for restricting liberty. JW ilGfiJ,hL;!j;,1 181. Review of cases and inquiries into rq{resCJrtativ~riD 1:L,'j!;~:,·~C ;)U;:' ni l'.oiJfW:k:G 182. Co-operation between authorities. 1,hn::'i'l:lo blido d:Hw 10 ,b0[{J.~!Vi 183. Consultation with the educationauthoritie~0r,/?'bOinrriO:>:>s vi :1li;ii{Jm~I'n::D 184. Recoupment of cost ofPJ~"~o9Wnm} ::J\nndo G,l ~'jul1irfIr) Z'3fJbX)0J9 185. Miseellaneous. ;0 8 '(,we 2JEb"L\~j 186. Securing Community Homes. .?1301D ~)vi!:):,mo:> ;ok ''.''1:::''['1' 187. Directives by Minister to discon~_~,9f ~~\~¥l iWlTfTrOO
homes. ,'l:'~£~t1imr:n 57;1:?bm~·,;%xjr;o) YW'i or ,'J'?i;,q 188..{,j lri~':-"":011ltJE~ic.ftMte&.tJd...u- tQ .,~__ l1A~a_~, .••""i"t"~GnmmU1'i", "" ,., ,I.;t
£o~ i{K .cOS: .dO;: ffi~
.to:': m:~ W~ Sf):
HS: ¢IS ('iE
::'r~ .all;' ,fd!;: Drs: t:"'r'!~..,
•...,•.. /', < -.,:.~
A 456 200.3 No.26 Child's Right~
190. 191. 192. 1'93. 194. 195. 196. 197. 198. 199. 200. 20h 202. 203. 204. 205. 206. 2(17. 208. 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 222. m. 224 .. 225. . 226. 227. 228. 229. 230.
231. 232.
Closure b¥ State Govermnent of controlled or assisted community homes. Provision of accommodation by voluntary organizations. Registration and regulation of voluntary homes. Duties of voluntary organizations. . Duties of the State Govermnents. Registration, etc. of children's homes. Welfare, etc. of children in homes. Persons disqualified from managing or being employed in children's homes. Inspection of children's home, etc. by authorized pefSOns. Inquiries. Minister may direct inquiries to be held in camera. . Financial support by Minister. Research and returns of information. Power of Minister to declare State Govermnent, etc. to be default. Child to be subjected to only child justice system and processes. Protection of privacy. Professional education and training. Specialisation within the Nigeria Police Force. Use of direction. Disposal of case without resort to formal trial. Report of the legal status and rights of the child. Initial contact with the child. Detention pending trial. Jurisdiction of Court to try child offenders. Rights to fair hearing and compliancessith due process. Guiding principles in adjudication. Parents, Guardians to attend Court. Child justice Procedure in Court. Remands and comriilitals to State Govrnment accolDlIlOdlJtion. Social inquiry report. . Power of Court to order parent'orgu8ll'dian to pay fine, etc. Restriction on punishment. . Detention in case of certain crimes. Methods of dealing with child offender. Government to provide accommodation. Procedure on failure to observe condition ofreeognizance. Binding over a parent or guardian . Forms for corrective orders. Operation of corrective order may be suspended. Power to vary corrective order in certain cases. Power of manager of an approved institution to grant leave of absence to a idetention. !~pprehension witboutwammt. Pr~ .ease ofumuly or depraved persons.
..r
child in
Child's Rights , Z003 No.Z6 A 457
233. Effective implementation of non-institutional orders. 234. Assistance during rehabilitation. 235. Mobilisation of voluntary service. 236. Objective of institutional treatment. 237. Recourse ofco~onal release, 238. Research as a basis for planning, policy formulation, etc. 239. Appointment of supervision officer. 240. Supervision inspectors and supervision inspection service. 241. DefMalt power where the supervision service fails to discharge its statutory
duty. 242. Court to make conditional discharge order and supervision order. 243. Person to named in supervision ordor. 244. Supervision officer may be relieved of duties. 245. Duties of supervision officer. 246. Power of Court to vary suspension order. 247. Approved institutions. 248. Establishment of approved institutions. 249. Declaration of building, etc. as an approved institution. 250. Children attendance centres, etc. 251. Responsibilities for approved institutions. 252. Officers of approved institutions. 253. Visitors and visiting committees. 254. Appointment of voluntary visitors. 255. Facilities for observation of children in approved institutions. 256. Transfer from Children Correctional Centre to Special Children Centre: 257. Release from approved institution, etc. 258. Release and supervision after training at the Children Centre. 259. Post-release supervision of children offenders. . 260. Establishment and membership of the National Child Rights
Implementation. 261. Functions of National Committee. 262. Procedure, etc. at meetings. 263. Secretariat of the National Committee. 264. Establishment and membership of State Child Rights Implementation. 265. Functions of the State Committee. 266. Procedure at meetings. 201. Secretariat of the State Committee. 268. Establishment and membership of the Local Government Child's Right. 2(f). Functions of the Local Government Committee. Z70. Procedure, etc. at meetings. 27L Secretariat of the Local Government Committee. 272. Offences by bodies corporate. 273. Service of documents.
A4S8 2003 No.26 Child's Rights
274. Suspension and inconsistency 275. Delegation of powers by the Minister. 276. Forms in the Eleventh Schedule. m. Intetpretation. 278. Citation.
Sch~es.
Child's Rights 1003 No.16
CHILD'S RIGHTS ACT 2003
Act No. 26
ANACTTOPROVIDEANDPROTECTHERIGHTSOFANIGERIANCmLD; ANDOTHER RELATEDMATTERS,2003
ENACTEDby the National Assembly of the Federal Republic of Ni~
[31stJuly,2003]
PAkT I-BEST IN'I'BRESTOFACmLDTO BB OFPARAMOUNT CONSIDERATIONIN ALL'AcnONS
1. In every action concerning a child, whether undertaken by an individual, public or private body, institutions or -service, court of law, or administratl\e or legislative authority, the best interest of the child shall be the primary consideration.
2.-( 1) A child shall be given such protection and care as is necessary for the well-being of the child, taking into account the rights and duties of the child's parents, legal guardians, or other individuals, institutions, services, agencies, organizations or bodies legall}l,responsible for the child."
(2) Every person, institution, service, agency, organization and body responsible for the care or protection of children shall conform with the standards establishedby the appropriate authorities, particularly in the ~~~fllAlkty,liealth, welfare, number and suitability of their staff and competent ~$~io:Q..
PARTII __ RIGHTSANDRESPONSlBII,JTIBSOFACHILD
Rights of a Child
3.-( 1)The provisions in Chapter IV of the COIJStitutionof the Federal Republic of Nigeria 1999, or any successive coIistitutioDli provisions relating to Fundamental Rights, shall apply as if those pro¥isions
A 460 2003 No.26 Child's Rights
Freedom of association and peaceful assembly.
Freedom of thought, conscience and religion.
Right to prWate ana family life.
Right to freedom of movement.
Right to freedom from discrimination.
Right to dignity of the child.
6. Every child has a right to freedom Of association and peaceful assembly in conformity with the law and in accordance with the necessary guidant~ and directions of his parents or guardians. -,. .
7.-( 1) Every ehild has a right to freedom of thought, conscience and religion...... '"'. (2) Parents and, where applicable, legal guardians shall provide guidance and
direction in the exercise of these rights having regard to the evolving capacities and best interest of the child. " .,. .
0',) The duty of parents and, where applicable legal guaraiaJ1s' to provide guidance and direction in the enjoyment oftbe right in sul'~ection (1)of this section by their child or ward shall be respected ~ all persons, bodies, institutions and authorities. "
(4) Whenever the fostering, custody, guardianship or adoption of a child is in issue, the right of the child to be brought up in and to practise his religions shall be a paramount consideration.
8.-( 1)Every child is entitled to his privacy, family life, home, correspondence, telephone conversation. and telegraphic communications, except as provided in subsection (3) of this section.
(2) No child shall be subjected to any interference with his right in subsection (1) of this section, except as provided in subsection ()) of this section.,
(3) Nothing in the provision of subsections'{l} and (2) of this section shall affect the rights of parents and, where applicable, legal guardians, to exercise m.s!»nable supervision and control over the conduct of their children and wards. -
9.-( 1) Every c);illdis entitled to freedom of movement subject to parental control which is not harmful to the child.
(2) Nothing in subsection (1) of this section shall affect the right of a parent, and where applicable, It legal guardian or other appropriate authority to exercise control over the movement of the child in the interest of the. education, safety and welfare of the child.
10.-(1).A childsball not be subjected to any form of discrimination merely by reason ofhis belO!lging to a particular comnmnity or ethnic group or by re~on ofhis place of origin, sex-religion or political opinion,
(2) No child shall b~ su;jected to any disability or deprivation merely by reason of the circumstances of his birth:
11.Every child is.entitledtorespect forthe'digmty;()fhi.~~~1l, ~dac~ly,
no child s~aJlb~ ;," . -. ...••..".'. ,. •'. (a) subjected to physiclll. '~lltaLo,remotipll,a~ injury, abuse, neglect or
maltreatment, including sexual abuse; ., .. .
Child's Rights 2003No.26 )4461 K
(b) subjected to torture, inhuman or degrading treatment or punishment ; (e) subjected to attacks upon his honor or reputation ;.or (d) held in slavery orservitud,e, while in the care of a parent, legal gt,Wdian
or school authority or any otherpersonor authopty having the care of the child. .' . .
12.--(1) Every child is entitled torest and leisure and to engage in play, sports and recreational activities appropriate to his age.
(2) Every child is entitled to participate fully in the cultural and artistic activities of the Nigerian, African and world conununities.
(3) Every Government, person, institution, service, agency, Qrgaltisation and body, responsible for the care and welfare of a child shall, at all times, ensure adequate opportunities for the c\ild in the enjoYment of the rights provided for the child in subsections (1) and (2) of this section.
13.--(1) Every child is entitled to enjoy the best attainable state of physical,· mental and spiritual health. '
(2) Every Government, parent, guardian, institution, ~ervice,agency, 6rglPlisation or body responsible for the care of a child shall endeavour to provide for the child the best attainable state of health.
(3) Every Government in Nigeria shall-
(a) endeavour to reduce infant and child mortality rate; (b) ensure the provision of necessary medical assistance and health care
services to all children with emphasis on the development of primary health care;
(c), ensure the provision of adequate nutrition and safe drinking water ;
(d) ensOte the provision of good hygiene and enviro~ental sanitation; (e) combat disease and J;Il81nutritionwithin 1hF framework (lfprimary health
care through the application of appropriate technology ;
(f) ensure appropriate health care for expectant and nursing mothers; and (g) support, through technical and financial means, the mobilisation
of national and local community resources in the development of primary health care for children.
(4) Every parent, guardian or person having the care and custody of a .-
(a) every consent required under section 132 of this Act which has not been dispensed with has been obtained ;
(b) every person who has given his consent understands the nature and effect of the adoption order for which the application is made and for this purpose the relevant adoption service shall provide adequate counselling for the parties involved in the adoption ;
(c) the order, if made, shall be for the welfare and best interest of the child, due consideration for this purpose being given to the wishes of the child having regard to his age and understanding ; and
(d) the applicant has not received or agreed to receive, and no person has made, given or agreed to make or give to the applicant any payment or other reward in consideration of the adoption other than what the court may approve.
134. The court may, in making an adoption order, impose such terms and conditions as the court may think fit, and in particular, may require the adopter, by bond or otherwise, to make for the child such provisions, if any, as in the opinion of the court, are just and expedient.
135.-(1) Subject to the provisions of this section, the court may, on an application for an adoption order, postpone the determination of the application and make an interim order giving the custody of the child to the applicant for a period not exceeding two years on such terms and conditions as the court thinks fit as regards provision for the maintenance, education and supervision of the welfare of the child and otherwise.
(2) The court shall, in making an interim order under subsection (1) of this section, specify that the child shall-e-
(a) be under the supervision of such child development officer as the Minister may appoint; and
(b) not be taken out of the state concerned without the consent of the court
(3) The consents to the making of an adoption order which are required under section 132 of this Act shall be required to the making of an interim order, and the power of the court to dispense with any such consent shall also apply in the case of an interim order.
(4) An interim order shall not be made in any case where the making of an adoption order would be unlawful under the provisions of this Act.
(5) An interim order shall not be deemed to be an adoption order within the meaning of this Act.
A521
Conditions preceding the making of adoption order.
Power of court to impose terms and conditions.
Interim orders, pending adoption orders.
A 522 2003 No.26 Child's Rights
Jurisdiction of the Court.
Rules of the court for adoption of a child.
Appeals.
Adoption when corrective order'is in force.
Adoption where maintenance order is in force.
136. Subject to rules of the court made under section 137 of this Act, the court shall have exclusive jurisdiction to deal with an application for an adoption order,
137.-( 1)The Chief Justice of Nigeria may make rules of court for regulating generally the practice and procedure of the court in respect of the adoption of a child,
(2) The power to make rules conferred by subsection (1) of this section, shall, without prejudice. to the generality of that subsection, include power to make provisions for~
(a) application for the adoption orders being heard and detennined otherwise than in open court ;
(b) the admission of documentary evidence of any consent required under section 132 of this Act; and
(c) requiring the child development officer to prepare for the consideration of the court, on an application for an adoption order, a report, for the assistance of the court in detennining whether the order will be for the welfare and best interest of the child.
138.-( 1) An appeal shall lie to the court at the High Court level from the court at the Magisterial level in respect of a decision on any application for an adoption order, other than a decision to postpone the detennination of the application for such an order and make an interim order.
(2) Where the Court at the High court level exercises original or appellate jurisdiction, appeal shall lie to the Court of Appeal.
(3) Proceedings in respect of an appeal under this section shall be conducted in chambers.
139.-( 1)A child may be adopted notwithstanding that a corrective or~:.r is in force in respect of the child. .
(2) On the application for an adoption order being made in a case under subsection (1) of this section and on being satisfied that the adoption would be for the welfale aad best interest of the child concerned, the court shall suspend the corrective order so as to enable the applicant to have the child in his case for a period of at least three consecutive months immediately preceding the date of the adoption order.
140.-( 1) A child may be adopted notwithstanding that a maintenance order is in force in respect of the child.
(2) Where, at the time when an adoption order is made in respect ofa child, a maintenance order requiring a person to contribute towards the maintenance oftbat child under this Act or any other law is in force, the maintenance order shall cease to have effect at that time.
'J
I i
Chi/d's Rights 2003 No. 26 A 523
141.-{ I) On an adoption order being made-
(a) all rights, duties, obligations and liabilities, including any other order under the personal law applicable to the parents of the child or any other person in relation to the future custody, maintenance, supervision and education of the child, including all religious rights, right to appoint a guardian and to consent or give notice of dissent to marriage, shall be extinguished ; and
(b) there shall vest in, and be exercisable by and enforceable against the adopter-
(i) all rights, duties, obligations and liabilities in respect of the future custody, maintenance, supervision and education of the child, and
(ii) all rights to appoint a guardian and to consent or give notice of dissent to marriage of the child, as would vest"in the adopter as if the child were ~ natural child of the adopter, and in respect of those matters, the child shall stand to the adopter in the relationship of a child born to the adopter.
(2) Where a husband and wife are joint adopters of a child, they shall-
(a) in respect of the matters specified under this section; and (b) for the purpose of the jurisdiction of the court to make orders as to the
custody and maintenance of and rights of access to the children, stand to each other and to the child in the same relationship as they would have stood if the child were their natural child, and in respect of those matters, the child shall stand to them in,the relationship of a child born to the adopters.
(3) For the purposes of the devolution of the property on the intestacy of the adopter, an adopted child shall be treated as a child born to the adopter.
(4) In a disposition of property made after the date of an adoption order, reference, whether express or implied, to-
(a) the child or children of the adopter shall, unless the contrary intention appears, be considered as including, a reference to the adopted child ; and
(b) a person related to the adopted child in any degree shall, unless the contrary intention appears, be construed as a reference to the person who would be related to him in that degree ifhe were the natural child ofthe adopter and were not the child of any other person.
142.-{ I) The Chief Registrar shall establish and maintain a register to be called and known as the "Adopted Children Register" in which shall be made such entries as may be directed by an adoption order to be made therein, but no other entries.
(2) An adoption order shall contain a direction to the Chief Registrar and the National Population Commission (in this Part of this Act referred to as "the Commission") to make in the Adopted Children Register entry in the form specified in the Fifth Schedule to this Act
(3) If on any application to the court for an adoption, there.is prove to the satisfaction of the court that-
Effect of adoption.
Establishment of the adopted children register.
Fifth Schedule.
A524 2003 No.26 Chi/d's Rights
(a) the date of the birth of the child; and
(b) the identity of the child is identical to, a child, to whom any entry in the Register of Births kept by the Commission relates, the adoption order shall contain a further direction to the Chief Registrar to cause that birth entry in the Register of Births to be marked "Adopted" and to include in the entry relating to the adoption of the child in the Adopted Children Register the day of.the child's birth.
(4) Where an adoption order is made in respect of a child who had been the subj ect of a previous adoption order made by the court under this Act, the order shall contain a oirection to the Chief Registrar and the Commission to cause the previous entry in the Adopted Children Register in respect of that child to be marked "Re- adopted".
(5) The court shall cause a copy of every adoption order to be communicated to the Chief Registrar and the Commission and on receipt of the order, the Chief Registrar and the Commission shall comply with the directions contained therein.
(6) A certified copy of an entry in the Adopted Children Register if purporting to be stamped or sealed by the Chief Registrar's office shall be proof of the adoption as is therein specified, and where the copy of the entry includes the date of the birth of the child to whom it relates, it shall be proof also of the date without any 'further evidence as though the same were also a certified copy of an entry in the Register of Births.
(7) The Chief Registrar shall cause an index of the Adopted Children Register to be made and kept in the Registry.
(8) The Chief Registrar shall, in addition to the Adopted Children Register and the index thereof keep such other registers and books and make such entries therein as may be necessary to record, in connection with an entry in the Register of Births which has been marked "Adopted".
(9) Any such Register or books as are mentioned in subsection (8) of this section or any index thereof, if any, shall not be liable to searches by members of the public and the Chief Registrar shall make a certified copy thereof or furnish any information therein contained to any person except under an order made by the court.
(10) On the revocation of an adoption order, the court shall cause the fact of the revocation to be communicated to the Chief Registrar who shall cause to be cancelled--'-
(a) the entry in the Adopted Children Register relating to the adopted child ;!flnd (b) the marking with the word "Adopted" or "Re-adopted" of any entry relating
to the child in the Register of Births. '
(11) A copy of an extract of an entry in any register being an entry the marking of which is cancelled under this section shall be deemed to be an accurate copy if both the marking and the cancellation are omitted therefrom.
Child's Rights 2003 No. 26 A525
143.-( 1) No adopter or any othfr person shall-
(a) except with the sanction of the court, receive or agree to receive any payment or reward, in consideration for or for the facilitation of the adoption of a child under this A,ct ; "'"
(b) make or give or agree to make or give to an adopter any payment o'h:eward the receipt of which is prohibited by this subsection, r securing the availability of accommodation,
(3) A community home may be-
(a) provided, managed, equipped and maintained by a State Government; or
(b) provided by a voluntary organisation but in respect of which a Stille Government and the organisation-
(i) propose that, in accordance with an instrument of management, the managemerit, equipment and maintenance of the home shall be the responsibility of the State Government, or
(ii) propose that the JllftM8t--' ~ipment and maintenance of the home shall be the responsibility of the voluntary organisation.
, (4) Where a State Government is to be responsible for the management of a
community home provided by a voluntary organisation, the State Government shall
Securing Community Hom •.
jO,!)!!
Scheudu\e.
Di rec ti ves by Minister to '::iscn.ntinue the use o! premises as Community homes.
Determination of disputes relating to controlled and assisted Community homes.
No. 26 Child's Rights
designate the home as a . controlled community home".
(5) Where a voluntary organisation is to be responsible for the management of a community home provided by the voluntary organisation, the State Government shall designate the home as an "assisted community home".
(6) The Eight Schedule to this Act shall have effect for the purpose of supplementing the provisions of this Part of this Act.
187.-(1) Where it appears to the Minister that-
(a) any premises used for the purposes of a community home is unsuitable for those purposes ; or
(b) the conduct ofa community home-
(i) is not in accordance with regulations made by him under paragraph 4 of the Eighth Schedule to this Act, or
(ii) is otherwise unsatisfactory, he may, by notice in writing served on the body concerned, direct that, as from such date as may be specified in the notice, the premises shall not be used for the purposes ofa community home.
(2) Where-
(a) the Minister has given a direction under subsection (1) of this section; and
(b) the direction has not been revoked, he may at any time by order revoke the instrument of management for the community home concerned.
(3) For the purposes of subsection (1) of this section, the body concerned shall in relation to--
(a) a community home provided by a State Government, be that State ;
(b) a controlled community home, be the State Government specified in the instrument of management of the community home; and
(c) an assisted community home, be the voluntary organisation which provided the community home.
188.-( 1) Where a dispute relating to a controlled community home arises between the State Government specified in the instrument of management of the community home and-
(a) the voluntary organisation which provided the community home; or
(b) any other State Government that has placed, or desires or is required to place, in the community home, a child who is looked after by it, the dispute may be referred by either party. to the Minister for his determination.
(2) Where a dispute relating to an assisted community home arises between the voluntary organisation which provided the community home and the State Government that has placed, or desires to place, in the community home, a child who is l6bkecf
Child's Rights 2003 No. 26 A555
after by it, the dispute may be referred by either party to the Minister for his determinations.
(3) Where a dispute is referred to the Minister under this section, he may, in order to give effect to his determination of the dispute, give such direction as he thinks fit to the State Government or voluntary organisation concerned.
(4) This section applies notwithstanding that the matter in dispute may be one Eight which, under or by virtue of Part II of the Eighth Schedule to this Act, is reserved for Schedule. the decision, or is the responsibility, of-
(a) the State Government specified in the instrument of management of the community home; or
(b) the voluntary organisation which provided the community home, as the case may be.
189.-{1) A voluntary organisation which has provided or is managing a controlled or an assisted conununity home shall not cease to provide or manage the home unless it has given to the Minister and the appropriate authority specified in the instrument of management of the community home not less than two years notice in writing of its intention to do so.
(2) A notice given under subsection (1) of this section shall specify the date from which the voluntary organisation intends to cease to provide or manage the community home.
(3) Where a notice given under subsection (1) of this section is not withdrawn before the date specified in it, the instrument of management of the community home shall cease to have effect on that date and the community home shall then cease to be a controlled or an assisted community home, as the case may be.
(4) Where a notice is given under subsection (1) of this section and the vohmtary organisation gives notice in writing to the Minister that it is unable or unwilling to continue to provide or manage the community home until the date specified in the notice given under subsection (1) of this section, the Minister may, by order-
(a) revoke the instrument ofmanagernent of the community home; and (b) require the State Government specified in the instrument of management to
manage the home until-
W the date specified in the notice given under subsection (1) of this section, or
(ii) such earlier date, if any, as may be specified for the purposes of this paragraph in the order, as if it were a community home provided by the State Government.
Disconti- nuance of Controlled or assisted Community home.
ASS6 2003 No.26 Child's Rights
Closure by . State Government of controlled or assisted community homes.
(5) Where the Minister imposes a requirement under subsection (4) (b) of this section-
(a) nothing in the instrument of management of the community home shall affect the management of the community home by the State Government ;
(b) the Minister may by order direct that, for the purposes of any provision specified in the direction made by or under any enactment relating to comnnmity homes, other than this section, the connmmity home shall, until the date or earlier date ~,to in subsection (4) (b) of this section, be treated as a controlled or an assisteckomDunity M~; ,
(c) except in so far as the Minister so directs, the community home shall, until the date or earlier date referred to in subsection (4) (b) of this section, be treated for the purposes of any enactment relating to community homes, other than this section, as 'a community home provided by the State Government ; and
(d)the csmmunity home shall, on the date or earlier date referred to in subsection (4) (b) (i) or (ii) of this section, cease to be a connnunity home.
190.-( 1) The State Government specified in the instrument of management of a controlled or an assisted community home may give to--
(a) the Minister ;and (b) the voluntary organisation which provided the home, not less tban two
year's notice in writing of its intention to withdraw its designation of the home as a controlled or an assisted community home.
(2) A notice given under subsection (1) of this section shall specify the date to be known as the specified date on which the designation is to be witlKlrawn.
I
(3) Where-
(a) a notice is given under subsection (1) of this section in respect ofa controlled or an assisted community home; ahd
(b) the appropriate authority managing the community home- (i) gives notice inwriting to the Minister that it is unable or unwilling to continue
to manage the community home unti\.the specified date, and
(ii) does not withdraw the notice, the Minister may, by order, revoke the instrument of management of the community home from such date earlier than the date specified in the notice given under subsection (1) of this section as may be specified in the order.
(4) The Minister shall, before making an order under subsection (3) of this section, consult.the State Government andthe voluntary orlflnisation concerned.
(5) Where a notice has been given under subsection (1) of this section and is not withdrawn, the instrument of management of the community home shall cease to have effect- \
cuu» Rights 2993 No.26 ASS7
(a) on the date sp-ecified in the notice ;or
(b) where an earlier date has ben specified under subsection (3) of this section, on the earlier date, and the community home shall then cease to be a controlled or an assisted community home, as the case may be. '
PART XVII-VOLUNTARY HOMES ANDVOLUNTARY ORGANISATIONS
191.--{1) Where a voluntary organisation provides accommodation for a child, it shall do so by-
(a) placing the child, subject to subsection (2) of this section, with-
(I) a family,
(ii) a relative of the child,
(iii) any other suitable person, on such terms as to paymeJlt by the voluntary organisation and otherwise as the voluntary organisation may determine ; or
(b) maintaining the child in-
(I) a voluntary home, or
(ii) a community home, or
(iii) a registered children's home, or (iv) a home provided by the Minister under section 201 (4) ofthis Act, on
such terms as the Minister may, from time to time, determine; or
(c) making such other arrangements, subject to subsection (2) (b) of this section as seem appropriate to its.
(2) The Minister may make regulations-
(a) as to the placing of children with foster parents by voluntary organisations and the regulations may, in particular, make provision, which with, any necessary modification, are similar to the provisions that may be made under section 181 (2)
(a) of this Act; (b) as to the arrangements which may be made under Subsection (1) (c) of this
section and the regulations may, in particular, make provisions which, with any necessary modifications are similar to the prov~iOM that may be made under section 181 (2)(c) of this Act;
(c) requiring any voluntary organisation which is providing acconmtadation for a child to-
(i) review his case ; and , \
(ii) consider any representation, including any complaints, made to it by any person falling withing a prescribed class of person, in accordance With the provisions of the regulations ;
Provision of accommoda- tion by voluntary organisations.
A 558 2003 No. 26 Child's Rights
Registration and regulation of voluntary homes.
Duties of voluntary organisa- tions.
Duties of the State Government.
192.-(1) No person shall establish or manage a voluntary home unless the home is registered in a register to be kept for the purposes of this section by the Minister.
(2) The register shall be kept in such form as the MiI'lister may, from time to time, specify.
193.-(1) Where a child is accommodated by or on behalf of a voluntary organisation, the voluntary organisation shall-
(a) safeguard and promote the welfare of the child ;
(b) make such use of the services and facilities available for children cared for by their own parent as appears to the voluntary organisation reasonable in the case of the child; and
(c) advise, assist and befriend the child with a view to promoting the welfare of the child when the child ceases to be so accommodated.
(2) Before making any decision with respect to a child under subsection (I) of this section, the voluntary organisation shall, so far as is reasonably practicable, ascertain the wishes and feelings of-
(a) the child; (b) the parents of the child;
(c) a person who, though not a parent of a child has parental responsibility for the child ; and
(d) any other person whose wishes and feeling the voluntary organisation considers to be relevant, regarding the matter to be decided.
(3) A voluntary organisation shall, in making a decision under this section, give due consideration to--
(a) such wishes and feelings of the child as it has been able to ascertain, having regard to the age and understanding of the child ;
(b) such other wishes and feelings mentioned in subsection (2) of this section as it has been able to ascertain; and
(c) the religious persuasion, ethnic or racial origin, cultural and linguistic background ofthe child.
194.-(1) Every State Government shall satisfy itself that any voluntary organisation which provides accommodation for a child-
(a) within the State; or
(b) outside that State on behalf of the State; satisfactorily safeguards and promotes the welfare of the child which it provides with accommodation.
(2) Every State Government shall arrange for children who are accommodated within its State by or on behalf of voluntary organisations to be visited, from time to time, in the interest of the welfare of the children.
Child's Rights 2003 No. 26
(3) Subsection (2) of this section does not apply in relation to community homes.
(4) Where a State Government is not satisfied that the welfare ofa child who is accommodated by or on behalf of a voluntary organisation is being satisfactorily safeguarded or promoted, it shall-
(a) unless it considers that it would not be in the best interest of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by-
(i) a parent of the child, (ii) a person who, though not a parent ofa child, has parental responsibility
for the child, or (iii) a relative of the child; and
(b) consider the extent to which, if at all, it could exercise any of its powers with respect to the child.
(5) A person authorised by a State Government may for the purpose of enabling the State Government to discharge its duties under this section- .
(a) enter, at any reasonable time, and inspect any premises in whichchildren are being accommodated as mentioned in subsection (1) or (2) of this section;
(b) inspect the children in those premises ; and
(c) require any person to furnish him with such records ofa kind required to be kept by regulations made under paragraph 7 of the Ninth Schedule to this Act, in whatever form they are held, or allow him to inspect such records, as the Minister may, from time to time, direct.
(6) A person exercising the power conferred by subsection (5) ofthis section shall, if asked to do so, produce some duly authenticated documents showing his authority to do so.
(7) A person authorised to exercise the power conferred by subsection (5) of this section fo inspect records-
(a) shall be entitled, at any reasonable time, to have access to, and inspect and check the operation of any computer and associated apparatus or material which is or has been in use in connection with the records in question ; and
(b) may require-
(i) the person by whom or on whose behalf the computer is or has been so used, or
(ii) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such assistance as he may reasonably require.
Nineth Schedule.
AS60 2003 No.26 Child's Rights
Registration, etc. of children's homes.
(8) A person who intentionally obstructs any other person inthe exercise of any power conferred by subsection (5) or (7) of this section commits' an offence and is liable on summary conviction to a fme not exceeding two thousand five hundred naira or imprisonment for a term not exceeding three months or to both such fme and imprisonment.
(9) The Ministermay make regulations-
(a) requiring every child who is accommodated within a State, by or on behalf of a voluntary organisation, to be visited by an officer of the State government-
(I) in prescribed cireumstances, and
(il) on specified occasions or within specified periods; and
(b) imposing requirements which shall be met by any.State Government, or officer ofa State Government, carrying out functions under this section.
PART XVIII-REGISTERED CmWREN's HOMES
195.-:(1) No child shall be cared for or provided with accommodation in a children's home unless the home is registered under this Partoftbis Act.
(2) The Minister may cause a register to be kept for the purpose of subsection (1) of this section in such form as he may, from time to time, specify, including by means of a computer .
.(3) Subject to any exemption by or under this section and regulations made by the M.r for the purposes of this subsection, a home is a 'children's home if it provides, or usually provides or is intended to provide care and accommodation wholly or mainly for more than three children at anyone time.
(4) An independent school is a children's home if-
(a) it provides accommodation for no: more than fifty children; and (b) it is not approved by the' Ministry of Education or other education
authority establi&bed under the appropriate laws on education applicable in the State.
(5) A home is not a children's home for the ptsposes of this Part oftitis Actifit is-
(a) a connnunity home ; (b) a voluntary home; (c) a residential care home, nursing home or mental nursing home ;
(d) a health services hospital ; (e) a home provided, equipped and maintained by the Minister; or (f) a school, but subject to subsection (4) of this- section.
(6) A child is not cared for and accommodated in a children's home when-
Chi/d's Rights 2003 No.26
(a) he is cared for and accommodated by- (i) his parent,
(ii) a person who, though not a parent of a child, has parental responsibility for the child, or
(iii) his relative; or (b) a person mentioned in paragraph (a) (i) or (ii) of this section is living in the
home; or
(c) the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the home.
(7) A person who, without reasonable excuse, cares for and accommodates a child ina children's home or who manages a children's home which is not a registered children's home, commits an offence and is liable on conviction to a fine not exceeding ten thousand naira or imprisonment for a term not exceeding six months, or to both such fme and imprisonment.
(8) The provisions of-
(a) Tenth Schedule to this Act shall have effect with respect to- children's homes; and
(b) Part I of the Fourth Schedule to this Act sets out the circumstances in which a person may foster more than three children without being treated as managing a children's home.
196.-(1) Where a child is accommodated in a children's home, the person managing the children's home shall-
(a) safeguard and promote the welfare of the child; (b) make such use of the services and facilities available for children cared
for by their own parents as appear to that person reasonable in-the case of the child; and
(c) advise, assist and befriend the child with a view to promoting his welfare when he ceases to be so accommodated.
(2) Before making any decision with respect to a child accommodated in a children's home, the person managing the children's home shall, so far as is reasonably practicable, ascertain the wishes and feelings of the child.
(3) In making the decision, the person concerned shall give due consideration-
(a) having regard to the child's age and understanding, to such wishes and feelings of the child as the person has been able to ascertain ;
(b) to such other wishes and feelings mentioned in subsection (2) of this section as he has been able to ascertain; and
(c) to the religious persuasion, racial origin, ethnic origin, cultural and linguistic
Tenth Schedule.
Fourth Schedule.
Welfare etc. of children in homes.
A 562 2003 No.26 Child's Rights
Persons disqualified from managing, or being employed in children's homes.
Inspection of children's home, etc. by authorize persons
Fourth Schedule.
background of the child.
(4) Section 198 of this Act, except subsection (4) of that section, shall apply in relation to any person who is managing a children's home as it applies in relation to a voluntary organisation.
197.-(1) A person who is disqualified from fostering a child privately shall not manage, or be otherwise concerned in the management of, or have any financial interest in, a children's home unless he has-
(a) disclosed to the responsible authority the fact that he is so disqualified; and
(b) obtained the written consent of the responsible authority. (2) No person shall employ III a children's home a person who is disqualified
from fostering a child privately unless he has-
(a) disclosed to the responsible authority the fact that he is so disqualified; and
(b) obtained the written consent of the responsible authority.
(3) Where a responsible authority refuses to give its consent under this section, it shall inform the applicant by a written notice which states-
(a) the reason for the refusal ;
(b) the applicant's right to appeal against the refusal to the Court under paragraph 8 of Schedule 10 to this Act ; and
(c) the time within which he may appeal.
(4) A person who contravenes subsection (1) or (2) of this section commits an offence and is liable on summary conviction to a fine not exceeding ten thousand Naira or imprisonment for a term not exceeding one year or to both such fine and imprisonment.
PART XIX--SUPERVISORY FUNCTIONS AND RESPONSIBILITIES OF THE MINISTER
198.-{ 1) The Minister may cause to be inspected, from time to time, any-
(a) children's home ;
(b) premises in which a child who is being cared for by an appropriate authority is living ;
(c) premises in which a child who is being accommodated by or on behalf of an education authority, health authority or voluntary organisation is living ;
(d) premises in which a child is living with a person with whom he has been placed pending an adoption order ;
(e) premises in which a child who is a protected child, is or will be living ; (f) premises in which a child, fostered privately, or a child who is treated as a
fostered child by virtue of paragraph 9 of Part III of the Fourth Schedule to this Act, is or will be living ;
Child's Rights 2003 No.26 AS63
(g) premises on which a person is acting as a child minder ; (h) premises with respect to which a person is registered under section 168 (1)
(b) of this Act ;
(i) a residential care home, nursing home or mental nursing home ; (})premises which are provided by a State Government and in which any service
is provided by that State Government under Part XV of this Act;
(k) independent school providing accommodation for a child.
(2) An inspection under this section shall be conducted by a person authorised to do so by the Minister.
(3) An officer of a State Government shall not be authorised as provided in subsection (2) of this section except with the consent of that State Government.
(4) The Minister may require a person specified in subsection (5) of this section to furnish him with such information, or allow him to inspect such records, in whatever form they are held, relating to-
(a) any premises to which subsection (1) of this section applies; or (b) a child who is living in any of the premises to which subsection (1) of this
section applies ; or
(c) the discharge by the Minister of any of his functions under this Act; or (d) the discharge by any State Government of any of its functions under this
Act, as the Minister may, from time to time, direct.
(5) The persons referred to in subsection (4) of this section are-
(a) a State Government;
(b) a voluntary organisation;
(c) a person managing a children's home
(d) the proprietor of an independent school (e) a person fostering a child or providing accommodation for a child on behalf of a
State Government, education authority, health authority or voluntary organisation;
(f) an education authority providing accommodation for a child ; (g) a person employed in a teaching or administrative capacity ;.
(h) a person who occupies any premises in which a person acts as a child minder, within the meaning of Part XIV ofthis Act, or provides day care for young children, within the meaning of that Part;
(i) a person managing any home of a kind mentioned in subsection (1) (j) of this section.
(6) A person inspecting any home or other premises under this section may-
(a) inspect the children kept in the home or premises; and.
(b) make such examination into the State and management of the home or
AS64 2003 No.26 Chi/d's Rights
Inquiries.
premises and the treatment of the children kept in the home or premises as he thinks fit.
(7) A person authorised by the Minister to exercise the power to inspect records conferred by subsection (4) of this section-
(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer, any associated apparatus or material which is or has been in use in connection with the records in question ; and
(b) may require-
(I) the person by whom or on whose benalf tbecomputer is or has been so used, or
(ii) any person having charge of or otherwise concerned with the operation of the computer, apparatus or material, to afford him such reasonable assistance as he may require.
(8) A person authorised to inspect any premises under this section shall have a right to enter the premises for that purpose, and for any purpose specified in subsection (4) of this section, at any reasonable time and, if so required, shall produce some authenticated document showing his authority to do so,
(9) A person who wilfully obstructs another person in the exercise of a power conferred by this section commits an offence and is liable on summary conviction to a fine not exceeding two thousand 'five hundred naira or imprisonment for~a term not ex~eeding three months or to both such fme and imprisonment. .
(10) The Minister may by order provide that subsections (1), (4) and (6) of this section, not apply in relation to such homes, or other premises, as may be specified in the order and the order may make different provisions with respect to each of those subsections.
199.-(1) The Minister may cause an inquiry to beheld into any matter connected with-
(a) the functions of the Supervision Inspection Service in the State ;
(b) the functions of an adoption service ;
(c) the functions of a voluntary organisation, in so far as those functions relate to children ;
(d) a registered children's home or voluntary home;
(e) a residential care home, nursing home or mental nursing home, so far as it provides accommodation for children ;
(g) the detention of a child under this Act. .
(2) In this section- "functions" includes powers and duties which a person has, otherwise than by
virtue of any enactment.
Child's Rights 2003 No.26 A 565
200.--{ 1) The Minister may direct that an inquiry under Section 203 of this Act shall be held in camera.
(2) Where no direction bas been given, the person holding the inquiry may, if the thinks fit, hold it or any part of it, in private.
201.-{1) The Minister may, with the necessary consent, defray or contribute towards-
(a) any fees or expenses incurred by a person undergoing approved child care training;
(b) any fees charged and expenses incurred, by a person providing approved child care training or preparing material for use in corinection with the training ; and
(c) the cost of maintaining a person undergoing approved child care training. (2) The Minister may make grants to a State Government in respect of any
secure acconnnodation ; but if the grant is not used for the purpose for which it was made or the accommodation is not used as, or ceases to be used as, secure accommodation, the Minister may, require the State Government concerned to repay the grant, in whole er in part.
(3) The Minister may make grants to a voluntary organisation towards-
(a) expenditure incurred by it in connection with the establishment, maintenance or improvement of voluntary homes which, at the time when the expenditure was incurred-
(i) were assisted community homes, or
(il) were designated as assisted community homes; (b) expenses incurred in respect of the borrowing of money to defray any of
those expenditure.
(4) The Minister may arrange for the provision, equipment and maintenance of homes for the accommodation of children who are in need of particular facilities and services which-
(a) arc or will be provided ill &hu~'l>bQUlCS i and (b) in the opinion of the Minister, are unlikely to be readily available in
community homes.
(5) Any grant made under this section shall be of such amount, and shall be subject to such conditions, as th~/Minister may determine.
202.-( I) The Minister may conduct, or assist other persons in conducting research into any matter connected with his functions or the function of State Governments under this Act, including-
(a) adoption; and
Minister may direct inquiries to be held in camera.
Financial support by Minster.
Research and returns of information.
A 566 2003 No. 26 Child's Rights
"Power of "Minister to" declare State Government, etc. to be default.
(b) the accommodation of children in a residential care home, nursing home or mental nursing home.
(2) A State Government may conduct, or assist other persons in.conducting, research into any matter connected with its functions under the enactments mentioned in Subsection (7) of this section.
(3) Every State Government shall, at such times and in such form as the Minister may direct, transmit to the Minister such particulars as he may require with respect to-
(a) the performance by the State Government of all or any of its functions-
(i) under this Act, or
(ii) in connection with the accommodation of children in a residential care home, nursing home or mental nursing home; and .
(b) the children in relation to whom the State Government has exercised the functions referred to in paragraph (a) of this subsection.
(4) Every voluntary organisation shall, at such times and in such form as the Minister may direct, transmit to the Minister such particulars as he may require with respect to children accommodated by it or in its·behalf.
(5) The Minister may institute research designed to provide information on which requests for information under this section may be based.
(6) The Minister shall keep under review the adequacy of the provision of child care training and for that purpose shall receive and consider any information from or representations made by-
(a) the National Council for Education and Training in Social Work; and
(b) the National Council of the appropriate authority responsible for matters relating to children ;
(c) such other persons or organisations as may appear to him to be appropriate, concerning the provision of such training.
(7) The enactment-s referred to in Subsection (2) of this section are-
(a) this Act;
(b) the Codes of Criminal Law and Procedure; and
(c) the relevant legislation on mental health relating to children cared for by appropriate State authorities.
203.--{ I) If the Minister is satisfied that a State Government, or an appropriate authority has failed, without reasonable excuse, to comply with any of the duties imposed on it by or under this Act, the Minister may make an order declaring that State Government or authority to be in default with respect to that duty.
Child's Rights 2003 No.26 A 567
(2) An order under Subsection (1) of this section shall state the Minister's reasons for making it.
(3) An order under Subsection (1) ofthis section may contain such direction for the purpose of ensuring that the duty is complied with, within such period as may be specified in the order, as appears to the Minister to be necessary.
(4) Any direction given by the Minister under Subsection (3) of this section shall, on the application of the Minister, be enforceable by an order of mandamus.
PART XX-ClllLD JUSTICEADMINISTRATION
GENERAL
204. No child shall be subjected to the criminal justice process or to criminal sanctions, but a child alleged to have committed an act which would constitute a criminal offence ifhe were an adult shall be subjected only to the child justice system and processes set out in this Act.
20S.-{ I) The right of the child to privacy specified in section 8 of this Act shall be respected at all stages of child justice administration in order to avoid harm being caused to the child by undue publicity or by the process of labeling.
(2) Accordingly, no information that may lead to the identification of a child offe~r shall be published. .
(3) Records of a child offender shall-:-
(a) be kept strictly confidential and closed to third parties
(b) made accessible only to persons directly concerned with the disposition of the case at hand or other duly authorised persons ; and
(c) not be used in adult proceedings in subsequent cases involving the same child offender.
206.-{ 1) Professional education, in-service. training, refresher courses and other appropriate mode of instructions shall be utilised to establish and maintain the necessary professional competence of all persons, including Judges, Magistrates, officers of the Specialised Children Police Unit, supervisors and child development officers, dealing with child offenders.
(2) Every Judge, Magistrate and other judicial officer, appointed to the Court shall be trained in sociology and behavioural sciences to ensure effective administration of the child justice system.
(3) Persons employed in the child justice system shall reflect the diversity of children who come' into contact with the child justice system and efforts shall be made by those concerned with the appointment of those persons to ensure the fair representation of women and minorities in the appointment.
(4) Subject to Subsection (2) of this section, political, social, sexual, racial, religious, cultural or any other kind of discrimination in the selection, appointment
Child to be subje'bted to only child iustice system and 'processes. P-rotection of privacy.
Professional .education and training.
A 568 2003 No.26 Child's Rights
Specialisa- tion within the Nigeria Police Force.
Use of direction.
Disposal of case without resort to formal trial.
and promotion of persons employed in the child justice system shall be avoided in order to achieve impartiality ,in the administration cf the child justice system.
207.-{1) There shall be established, in the Nigeria Police Force, a specialised unit of the Force, to be known as the Speciliased Children Police Unit (in this Act referred to as the "Unit") which shall consist of police officers wh
(a);a warrant for the apprehension bfthe child; or
Government to provide accommoda- tion.
Procedure on failure to observe condition of recognizance.
AS78 2003No,,26 Child's Rights
Binding over of a parent or guardain.
(bfi summons to the child and his sureties, if any, requiring him and them to be present at the Court and at such time as may be specified in the sununons.
(2) A child offender, when apprehended, shall, if not brought forthwith before the Court before which he is bound by his recognisance to appear to be further dealt with, be brought before another Court.
(3) The Court before which a child offender on apprehension is brought, or before which he appears in pursuance of a summons, may, if it is not the Court in which the child offender is bound by his recognisance to appear to be further dealt with, remand him in custody or on bail until he can be brought before the Court in which he is bound by his recognisance to appear.
(4) The Court before which a child is bound by his recognisance to appear to be further dealt with shall, on being satisfied that the child has failed to observe any condition of his recognisance, forthwith without any further proof of his having violated the law or otherwise, deal with him as for the original offence.
226.-{ I) Where a child is found to have committed an offence, the powers conferred by this section shall be exercisable by the Court before which the case is brought, and the Court shall-
(a) exercise those powers if it is satisfied, having regard to the circumstances of the case, that their exercise would be desirable in the interest of preventing the commission by the child of any further offence ; and
(b) where it does not exerefse those powers, state that it is not satisfied as mentioned in paragraph (a) of this Subsection and why it is not so satisfied.
(2) The powers conferred by this section on the Court are as follows-
(a) with the consent of the parent or guardian of the child, to order the parent or guardian to enter into a recognisance to take proper care of the child and exercise proper control over the child ; and
(b) if the parent or guardian of the child refuses to give consent and the Court considers the refusal unreasonable, to order the parent or guardian to pay a fine not exceeding ten thousand naira.
(3) An order under this section shall not require the parent or guardian to enter. into a recognisance-
(a) for an amount exceeding thirty thousand naira ; or (b) for a period exceeding three years or, where the child will attain the age of
eighteen years in a period shorter than three years, lor a period not exceeding that shorter period.
(4) The court has the power to declare the recognisance entered into by virtue of Subsection (2) of this section to be forfeited, and adjudge the parent or guardian of the child to pay the whole sum in which is bound or part of the sum and the payment of the
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Child's Rights 2003 No. 26 A 579
sum so adjudged to be forfeited shall be enforced by means of a warrant of distress to be levied against the property of the parent or guardian.
(5) Section 225 of this Act shall apply for the purposes of subsection (2) (b) of this section as if the refusal to enter into a recognisance were a summary offence punishable by a fine not exceeding ten thousand IN'aira,and a fine imposed under that subsection shall be deemed for the purpose of any enactment to be a sum adjudged to be paid by virtue of a conviction.
(6) In fixing the amount oLa recognisance under this section, the C01f11shall take into account, among other things, the means of the parent or guardian of the child so far as they appear or are known to the Court and this subsection applies whether or not taking into account the means of the parent or guardian has the effect of increasing or reducing the amount of the recognisance.
(7) A parent or guardian may appear to-
(a) the Court at the High Court level against an order under this section made by the Court at the magistrate level; and
(b) the Court of Appeal against an order under this section made by the Court at the High Court level.
/ (8) A Court may vary or revoke an order made by it under this section if, on the application of the parent or. guardian, it appears to the Court, ltaving regard to any change in the circumstances since the order was made, to be in the interest of justice to do so.
227.-{1) A corrective order under this Act shall be in ~ form as may be prescribed.
(2) One copy of the corrective order, duly completed, shall be kept by the Court which issued the corrective order the second copy shall be sent to the appropriate State Commissioner and the third copy shall be sent with the child named in it to the approved institution-to which or the person to whom the child is to be sent under the corrective order.
228. The operation of a correction order may be- (a) suspended pending completion of arrangements for the reception of the
child into an approved institution ; or
(b) on account of ill-health of the child; or
(c) for any other good and sufficient reasons, and in such case, the Court may remand him in custody or may order him to be committed to the care of some fit and proper person willing to undertake his custody, or may release him on bail.
229.-{ I) The Court which issued a corrective order may-
(a) if it is satisfied that the corrective order is about to expire andthat the child would benefit by further care or training, extend the period of the corrective order
Forms for corrective orders.
Operation of corrective order may be suspended.
Power to vary corrective order in certain cases.
A 580 2003 No. 26 Child's Rights
Power of manager of an approved institution to gran t leave of absence to a child in detention.
Apprehension without warrant.
Procedure in case of unruly or depraved person.
Ef.ec. 've implementation of non institutional orders.
subject to the provisions of this Act ; ~-....
(b) order a child- (i) whose period of detention has exceeded twelve months to be discharged,
(ii) to be released from an approved institution on condition that the child shall be of good behaviour and live under the charge of any trustworthy and respectable person named in the orner of release who is willing to receive and take charge of the child and keep the child at school or employed at some trade, occupation or calling,
(iii) to be released from one approved institution or person to another institution or person.
(2) An order made under this section may, in the discretion, of the Court making the order, be revoked and thereupon the original corrective order shall remain in full force and effect.
230.-(1)At any time during the period of a child's detention in an approved institution, the manager of the approved institution may grant leave to the child to be absent from the approved institution and the manager may, at anytime, require him to return to the approved institution.
(2) During the period of leave granted a child under subsection (1) of this section, the child shall, JOrthe purposes of this Act, be deemed to be under the care of the manager of the approved institution and the manager may, at any time.require him to return to the approved institution.
231. A child shall, whilst he is detained in or on leave from an approved institution in accordance with the provisions of this Act and also being conveyed to or from the institution, be deemed to be in legal custody and, if the child escapes, he may be apprehended without warrant and brought back to the approved institution.
232. If the manager of an approved institution is satisfied that a child committed to the approved institutions is of so unruly or depraved a character that it is undesirable that for the child to remain at that institution, he may cause the child to be brought before-
(a) the Court which made the committal order, and that court may make such further order which it has power to make under this Act ; or
(b) the Court having jurisdiction in the place where the institution is situated, and the Court may, in respect of the child, make an order vi' further order which could have been legally made by the Court which marie the committalorder under the provisions of this Act.
NON-INSTITUTIONAL TREATMENT
233.-( 1) The Federal or State Director responsible for child matters shall- (a) have the responsibility for ensuringthe implementationofevery non-
institutional order of the Court; and
I I
- ··ChUiI'sRights 2003 No.26
(b) make quarterly reports to the .;
(2)Apersonwho is the patent of a child with respectto'whom an eaucation supervision order has been made shalF-
(a) if asked by the supervisor, inform bimof the child's address ifit is known 00' him; and
(k)ifhe is living Witht11echil~all()"'t11e sUPe~r £.ellSOnablecopmc;twitP the chUd. .
Discharge ojOrders '. 17.-( 1) The Court may discharge an education supervision order on the
application of-
(a) the child concerned; or (b) a parent of the child concerned; or
(c) the education authority concerned.
(2)On discharging an education supervision order, the Cow;t maY direct the state ·Government within whose area the child lives, or WilLlive, to investigate the circumstances of the child.
18.- -( 1) If a parent, of achild with respect to,whom ~education supervision order is in force persistently fails to comply with IIdirection given under the order he commits an offence.
(2) it shall be a defence for any person charged With such an offence to prove that-
(a) he took all reasonable steps to ensure thllt the direction wascomplied with; ., " ,
(b)tbe direbti6n wasunrt~asoriable ; or
(c) he had complied with-
(i) a requirement included in a supervision order made With respect to the child, or
A 624 2003 No. 26 Chi/d's Rights
(ii) directions given under such a requirement. and that it was not reasonably practicable to comply both with the direction and with the requirement or directions mentioned in this paragraph.
(3)A person who commits an offence under this paragraph is liable on summary conviction to a fine not exceeding two thousand five hundred Naira or imprisonment for a term not exceeding three months or to both such fine and imprisonment.
Persistent Failure of Child to Comply with Directions
19.-( 1)Where a child with respect to whom an education supervision order is in force persistently fails to comply With any direction given under the order, the education authority concerned shall notify the State Government.
(2)Where a State Goveniment has been notified under Sub-paragraph (1) of this paragraph it shall investigate the circumstances of the child.
Miscellaneous
20. The Minister may by regulations make provisions modifying. or displacing. the provisions of any enactment about education in relation to any child with respect to whom an education supervision order is in force to such extent as appears to the Minister to be necessary or expedient in consequence ofthe provisions made by this Act with respect to such orders.
THIRD SCHEDULE Section 100
Application for Wardship
Application for wardship shall-
(a)be by originating summons; and
(b) state the relationship of the plaintiff to the ward.
rousrn SCHEDUlE PART I-SECTIONS 112 (2).120(3).122 (5)
FOSTER PARENTS: LIMITS ON NUMBER OF FOSTER CmLDREN
Fostering Children.
1. For the purposes of this Schedule. a person fosters a child if-
(a)he is a State Government foster parent in relation to the child;
(b)he is a foster parent with whom the child has been placed by a voluntary organisation ; or
(c) he fosters the child privately.
I II
I
Child's Rights 2003 No.26 A 625
The usual fostering limit
2. Subject to the following paragraphs of this Schedule, a person may npt foster more than three children which is the usual fostering limit.
Siblings
3. A person may exceed the usual fostering limit ifthe children concerned are all siblings with respect to each other.
Exemption by State Government
4.-( 1)A person may exceed the usual fostering limit ifhe is exempted from it by the Government of the State he lives in ; ,
(2) In considering whether to exempt l\ person, a State Government shaITihave regard, in particular, to=-
(a)the number of children who the person proposes to foster;
(b) the arrangements which the person proposes for the care and accommodation of the fostered children;
(c)the intended and likely relationship between the person and the fostered children;
(d)the period of time for which he proposes to foster the children; and
(e) whether the welfare of the fostered children (and of any other children who are or will be living in the accommodation) will be safeguarded and promoted.
(3)Where a State Government exempts a person, it shall infonnhim by notice in writing-
(a) that he is so exempted;
(b) of the children,described by name, whom he may foster; and
(c)ofany condition to which the exemption is subject.
(4)A State Government may at any time by notice in writing-
(a) vary or cancel an exemption; or
(b) impose, vary or cancel a condition to which the exemption is subject, and in considering whether to do so, it shaUhave regard in particular to the considerations mentioned in sub-paragraph (2) ofthis paragraph.
(5)The Minister may make regulations amplifying or modifying the provisions of this paragraph in order to provide for cases where children need to be placed with foster parents as a matter of urgency. '
Effect of exceeding fostering limit
5.-( 1) A person shall cease to be treated as fostering children and shall be treated as carrying on a children's home if-
A6Z6 -c,
ZOO1No. Z6 Child's Rights
(a)be exceeds the usul fostering limit j or (b)where he is exempted under paragraph 4 of this Schedule- (0 he fosters any child not named in the exemption. and
(ii) in so doing. he exceeds the usual fostering limit.
(2) Sub-paragraph (1) of this paragraph does not apply if the children conc:emed are all siblings in respect of each other.
Complaints. etc.
6.-( 1) Every S~te Government shall establish a procedure for c:cmaideriDa lilY representations (including any complaint) made to it about the eliacharl' or ita functions under Paragraph 4 of this Schedule by a person exempted or seekin8 to be exempted under that paragraph.
(2) In carrying out any consideration of repJ'CSCDtationsunder sub-pananph (1) ofthia paragraph. a State Govermnent shall con.,ly with any replations •••• by the Minister for the purposes of this paragraph.
PAItI'X1~I!C'I1ON 112
FORMS OF FOSTERED CHILDREN REoISTER
Registry Town L.G.A State .......................•
I 2 3 - 4 S 6 7 • No. of Date of Name of Sex of Name and Date of Date of Si••••ture entry entry Fostered Fostered surname, birth of Fosterins of
Child Child address and Child order .nd oTficer (enter (enter occup.tion (enter description deputed by name as sex as of fOlter d.te of of Court Chief stated in stated in p.rents birth (if by which Re.iItnr fOlterins) adoption (enter .ny, made to .ttelt
order) name. directed (entry to entry addrell by the be. and .doptlon .ppe.rins
occup.tlon order to on the •• tated be entered POlterlns
in adoption but other Order) entry
Child's Rights 2003 No.26 A 627
PARTXI-SECfIONS 120 AND 121
CHILDREN FOSTERED PRIVATELY
Exemptions
1, A child is not fostered privately while he is being looked after by a State Government,
2.-( 1) A child is not fostered privately while he is in care of any person- (a) in premises in which-
(i) parent of the child; or , '
(ii) a person who, though not a parent ofa child has parental responsibility for ~e chill ;
(it,) a person who is a relative of the child and who has assumed responsibility for his care, is for the time being living; (b)in a children's home; (c) in an accommodation provided by or on behalf of any voluntary
organisation ; (d)in a school in which he is receiving full-time education; (e) in a residential care home, nursing home or mental nursing home; or (f) in any home or institution not specified in this paragraph but provided,
equipped and maintained by the Government.
(2) Sub-paragraph (1) (b) to (g) of this paragrap'b does not apply where the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the establishment mentioned in the sub- paragraph in question.
3. A child is not fostered privately while- (a)he is placed in the care of a person who proposes to adopt him under this
Act; or (b)he is a protected child.
Power of State Government to impose Requirements
4.-( 1) Where a person is fostering a child privately, or proposes to foster any child privately, the appropriate authority may impose' on him requirements as to-
(~) the number, age and sex of the children who may be fbstered privately by him;
(b) the standard of the accommodation and equipment to be provided for them; (c) the arrangement to be made with respect to their health and safety; and
A628 ' 2003 No. 26 Chi/d's Rights
(d) particular arrangements which shall be made with respect to the provision of care for them, and it shall be his duty to comply with any such requirement before the end of such period as the appropriate authority may specify unless, in the case of a proposal, the proposal is not carried out.
(2)A requirement may be limited to a particular child, or class of children.
(3)A requirement (other than one imposed under sub-paragraph (1) (a) of this paragraph), be limited by appropriate authority so as to apply only when the number of the children fostered by the person exceeds a specified number.
(4)A requirement shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of..,-
. Ca) the reason. for imposing the requirement;
(b) his right under paragraph 6 of this Part of this Schedule to appeal against it; and
(c) the time within which he may do so.
(5)A State Government may at any time vary a requirement, impose any additional requirement or remove any requirement.
(6) In this paragraph and the other paragraphs of this Part of this Schedule-
(a) "the appropriate authority" means-
(i) the State Government in whose State the child is being fostered; or
(ii) in the case of it proposal to foster a child, the State Government within which it is proposed that he will be fostered ; and
(b)"requirement", in relation to any person, means, a requirement imposed on the person under this paragraph.
'?egulations Requiring Notification of Fostering, etc. 5.-( 1) The Minister may by regulations make provisions as to--
(a) the circumstances in which notification is required to be given in connection with children who are, have been or are proposed to be fostered privately; and
(b)the manner and form in which such notification is to be given.
(2)The regulations may, in particular-
(a) require any person who is, or proposes to be, involved (whether or not directly) in arranging for a child to be fostered privately to notify the appropriate authority ;
(b) require any person who is-
(i) a parent ora child; or
Child's Rights ~003 No.26 A629
(ii) a person who, though not a parent of a child has parental responsibility for the child, and who knows that it is proposed that the child should be fostered privately, to notify the appropriate authority ;
(c) require any parent of a child fostered privately, or person who, though not a parent of a child has parental responsibility for the child, to notify the appropriate authority of any change in his address ;
(d)require any person who proposes to foster a child privately to notify the appropriate authority of his proposal;
(e) require any person who is fostering" child privately, or proposes to do so, to notify the appropriate authority of-
(i) any offence of which he has been convicted;
(ii) any disqualification imposed on him under section 122 of this Act; or
(iii) any prohibition imposed on him under section 123 of this Act;
(j) require any person who is fostering a child privately to notify the appropriate authority of any change in his address ;
(g) require any person who is fostering a child privately to notify the appropriate authority in writing of any person who begins, or ceases, to be part of his household;
(h) require any person who has been fostering a child privately, but has ceased to do so, to notify the appropriate authority (indicating, where the child has died, the reason for the death).
Appeals
6.-( I) A person aggrieved by-
(a) a requirement imposed under paragraph 4 of this Part of this Schedule;
(b) a refusal of consent under section 122 of this Act ;
(c) a prohibition imposed under section 123 of this Act;
(d) a refusal to cancel a prohibition imposed under section 123 of this Act;
(e) a refusal to make an exemption under paragraph 4 of Part I of this Schedule;
(f) a condition imposed in an exemption under paragraph 4 of Part I of this Schedule; or
(g) a variation of cancellation of an exemption, may appeal to the Court.
(2)The appeal shall be made within fourteen days from the date on which the person appealing is notified of the requirement, refusal, prohibition, condition, variation or cancellation.
(3)Where the appeal is against-
(a) a requirement imposed under paragraph 4 of this Schedule; or
A630 1003 No.16 Child's Rights
(b)a condition imposed in an exemption under paragraph 4 of Part I of this Schedule; or
(c) a variation or cancellation of an exemption under paragraph 4 of Part I of this Schedule, the requirement, condition, variation or cancellation shall not have effect while the appeal is pending.
(4)Where the Court allows an appeal against a requirement or prohibition, it may, instead of canceling the requirement or prohibition-
(a)vary the requirement or.allow more time for compliance with it ; or (b) if an absolute prohibition has been imposed, substitute for it a prohibition
on using the premises after such time as the Court may specify unless such specified requirements as the State Government had power to impose under paragraph 4 of this Schedule are complied with.
(5)A requirement or prohibition specified or substituted by a Court under this paragrapJi shall be deemed for the .purposes of Part XI of this Act (other than this paragraph) to have been imposed by tlle State Government under paragraph 4 of this Schedule or section 123 of this Act rougPt. until it is de~\IDIlinec:i