JUVENILE COURT: CHILD MARRIAGE

A fourteen years old bride, Waila Umaru, has allegedly poisoned her Thirty Five years old groom and three others in Kano State, Nigeria. She was said to have bought rat poison which was mixed with drink, the groom took the drink after taking his meal, and this led to his death and some of his guests. The suspect confessed to the crime claiming that she did it because she was forced to marry a man she didn’t love....................culled.

From the above scenario we shall analyse the legal aspect

i.                     Whether the 14 years old bride is of marriage able age: The marriageable age in Nigeria by virtue of the Child’s Right Act, 2003 is age 18years,the International convention has also established 18 years as the legal age of consent to marriage.

ii.                   Consent in marriage: the consent of either parties to marriage is very important and this consent must not be obtained by fraud, this consent is also not transferrable to a third party i.e. parent of the bride/groom as marriage is described as a union between man and woman to the exclusion of all others, and it is important they choose whoever they desire.

iii.                  Whether the 14 years old is liable for the offence she confessed to: The general rule is that stay away from crime every person shall be liable for an offence willingly committed, the fact that she was denied the right to choose her groom herself is not enough ground to commit a capital offence. There is no excuse for committing crime.

iv.                 Whether a juvenile can be imprisoned: the juvenile court is established under the Children and Young Persons Laws of various states of the federation. They have jurisdiction to try all offenders who are young persons. Young offenders are persons under the age of 18years.for criminal offences children below the age of 7 years are not criminally liable; children between 7 and 12 years are only criminally liable for the offence committed if they are found to know the implication of the offence committed. Children between age 12 and 14years are criminally liable for an act an omission which constitutes an offence.

Please note by virtue of section 8(2) of the Children and Young Person Law, the trial of a young person by the juvenile court where the penalty for the offence is death is prohibited by the CYPL

These are the features of a juvenile court; these courts are not open to the general public except officers of the court, parties to the proceedings, their legal representatives, and accredited members of the press. It also prohibits the publication and disclosure of the identity of the child.

A juvenile if found guilty cannot be  sentenced or convicted instead a ‘finding of guilty’ shall be recorded and shall not be imprisoned they are suitably dealt with in any other authorized manner such as recognizance of good behaviour, probation, fine, or committed to an appropriate institution or remand home.

HEALTH RISK: sexually transmitted infections and cervical cancer, isolation and depression, risk during pregnancy, labour and delivery, untimely death among others.

Finally, this recent development in Kano state should deter parents from forcing a spouse on their children, they should be allowed to make a choice of their own, and this will not only make them happy but will make them perform their duties in their homes.

I say NO to child marriage, what about you?

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL