BRIDE OR BURDEN? A LEGAL CRITIQUE OF EARLY CHILD MARRIAGE AS A VIOLATION OF THE RIGHT TO EDUCATION OF THE GIRL CHILD IN NORTHERN NIGERIA
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Abstract
Early marriage remains a critical challenge in Northern Nigeria, where socio-cultural and religious norms often override national and international legal protections for the girl child. This research critically examines early marriage as a legal and social barrier to the right to education of the girl child, situating the issue within Nigeria’s constitutional framework and international obligations. Section 18 of the 1999 Constitution of the Federal Republic of Nigeria guarantees access to education, yet this right is frequently undermined by practices that prioritize marriage over schooling for girls. While the Child’s Rights Act 2003 prohibits child marriage, it has not been domesticated in many Northern states due to resistance rooted in customary and Islamic personal law. This legal pluralism has created gaps in enforcement, leaving many girls vulnerable. International treaties such as the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) obligate Nigeria to eliminate harmful practices and ensure equal access to education, but compliance has been inconsistent. This study adopts a doctrinal and socio-legal approach, combining legal analysis with empirical reports from NGOs and intergovernmental organizations. It argues that early marriage not only violates the girl child’s right to education but also entrenches cycles of poverty, illiteracy, and gender inequality. The paper concludes that without harmonizing domestic law with international standards and enhancing community-based education advocacy, efforts to combat early marriage will remain ineffective.
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