IT is time politicians told us their plans for the Nigerian child. Politicians speak mostly about the future on realising that they have ignored Nigeria’s present in their sustained search for personal interests. The rights of the Nigerian child, which Child Rights Act 2003, CRA, broadly covers are observed mostly with breaches. Will Nigeria’s future be built without children?
After CRA’s passage 11 years ago, States refused to implement it. It was the first time States rejected a federal law, claiming State Assemblies needed to domesticate it. The Freedom of Information Act 2010, FoIA, is undergoing the same rigmarole, even with court rulings that a federal law applies to all parts of Nigeria. These laws are fundamental to Nigeria’s future, one provides for our children; the other holds politicians accountable.
The National Assembly makes laws for the entire federation. State Assemblies make laws for their States. Section 4 (5) states, “If any law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other law shall, to the extent of the inconsistency, be void”.
States have no laws on the child rights and the freedom of information. These are not cases of conflicts between state and federal laws, which the Constitution still resolves in favour of federal laws. States are un-making federal laws to avoid accountability.
Domestication, according to Section 12 (1) of the Constitution, applies to treaties between Nigeria and other countries. States have appropriated domestication to desecrate the Constitution.
Child’s rights are so important to our future.We expected States would be enthusiastic about implementing them. The FoIA expands liberties the Constitution awards the public. Section 22 of the Constitution which states, “The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the government to the people,” though stronger than the FoIA is limited. FoIA extends these roles to the public.
State Assemblies have assumed the National Assembly’s constitutional roles by un-making these laws the National Assembly validly made. The illegalities breach the Constitution but serve the interests of politicians who abhor accountability. They neither care for Nigeria’s present, nor its children, its future.
Domestication is illegal.States can contest the laws in court, not resort to the illegality of tampering with them. The National Assembly has a major responsibility to protect the Constitution from desecration. The public has a collective role to hold politicians accountable for building a fantastic future for Nigeria, without the children.
- See more at: http://www.vanguardngr.com/2014/10/future-without-nigerian-child/#sthash.tHzmJzOO.dpuf
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