[Banjul/Abuja/Pretoria, 7 October 2026] — The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) has held that Nigeria is internationally responsible for ensuring that all children enjoy the same minimum level of legal protection, regardless of the state in which they live within the federation.

The case was filed before the ACERWC, challenging disparities in the legal protection of children across Nigeria arising from differences between the federal Child Rights Act of 2003 and child-rights legislation adopted by some states in Nigeria, particularly in the Northern part of the country.

The legal team representing the children of Nigeria in The Incorporated Trustees of ISH-61 Human Rights and Social Justice Initiative, IHRDA and CHR (on behalf of children in Nigeria) v. The Federal Republic of Nigeria case (Communication No. 0023/Com/005/2022) welcomes this important decision.

ISH-61, IHRDA and CHR raised concerns regarding differences in the protection of children from child marriage and other harmful practices, as well as the application of different standards on issues such as child labour and the death penalty.

In its ruling, adopted at its 47th Ordinary Session in April 2026, the Committee found Nigeria in violation of Article 1(1) of the African Charter on the Rights and Welfare of the Child, relating to States’ obligation to give effect to the Charter, and Article 3 on non-discrimination.

The decision makes clear that a federal system cannot be used to justify unequal protection of children’s rights under the African Children’s Charter. It found that laws of states in Nigeria which contradict the Charter and the federal Child Rights Act and provide children with a lower level of protection violate Nigeria’s obligations under the Charter.

 Oluwatosin Senami Adegun of  ISH-61, states: “It is an anomaly that children in some states enjoy stronger legal protection than children in others simply because matters relating to children fall within the residual legislative competence of states under Nigeria’s constitutional framework. This decision sends a powerful message that legal protection for children in Nigeria should be uniform across all 36 states. Every child in Nigeria is entitled to the same level of protection under the African Children’s Charter, and this judgment brings us one step closer to making that a reality.”

“This is an important precedent for federal States across Africa.” says Michael Nyarko of IHRDA. “The Committee has reaffirmed that international human rights obligations bind the State as a whole, regardless of how legislative powers are distributed internally. Ratifying a treaty creates obligations that extend to every child within a State’s jurisdiction.”

The Committee urged Nigeria to take measures to ensure the uniform application of the African Children’s Charter across the country. These measures include reviewing states’ child-rights laws for inconsistencies with the Charter and the Child Rights Act, establishing legislative and constitutional safeguards against contradictory standards, and exploring overarching legal measures to address disparities relating, among other matters, to the age of marriage, child labour and the death penalty. It also called for awareness-raising among legislators and the judiciary at both national and state levels.

Nigeria is further required to develop a time-bound national action plan, establish a mechanism to monitor implementation, and report to the Committee on measures taken to implement the decision within 180 days of receiving it.

According to Tamika Thumbiran of CHR, “The decision provides a clear roadmap for reform. We encourage the Federal Government and State authorities to work together to eliminate disparities in child protection laws and ensure that every child enjoys the same rights, regardless of where they live.”

Beyond its implications for Nigeria, the ruling strengthens the African Children’s Committee’s jurisprudence on State responsibility and affirms that federal constitutional arrangements cannot result in unequal protection of children’s rights.

END

About ISH-61

ISH-61 Human Rights & Social Justice Initiative is a Nigerian public interest organisation dedicated to advancing human rights, access to justice and social accountability through strategic litigation, legal advocacy and community engagement.

About IHRDA

The Institute for Human Rights and Development in Africa (IHRDA) works to strengthen the effectiveness of the African human rights system through strategic litigation, capacity building, and information sharing.

About CHR

The Centre for Human Rights, Faculty of Law, University of Pretoria, is a leading academic institution promoting human rights in Africa through research, education, advocacy and strategic litigation.

For further information, contact:

Oluwatosin Senami Adegun

Team Lead, Litigation & Research (ISH-61)

tosinadegun99@gmail.com

Maimouna Jallow
Communication and Publications Manager (IHRDA)

mjallow@ihrda.org

Tamika Thumbiran

In-House Counsel(CHR)

Tamika.thumbiran@up.ac.za