Balloons or Condoms?

I thought about various titles to give this blog before settling on this one...the Dictionary or its first Syllable; the Pen or the Penis, The abacus or the Phallus...but that is besides the point.

Very recently, the Senate of the Federal Republic of Nigeria sought to amend Section 29 (4) of the Constitution which provides in part that “For the purposes of subsection (1) of this section… any woman who is married shall be deemed to be of full age”. This certainly has grave consequences especially given the fact that it bestows on the Nigerian child burdens they are too young to carry. This law especially proscribes the 18 year-old rule for any Nigerian child to qualify to engage into a conscious agreement of marriage. This law also specifically runs contrary to the provisions of the Childs Rights Act which stipulates that “a child is anyone below the age of 18″.

Senator Sani Ahmed Yerima (who married a 13 year old non-Nigerian girl not too long ago) championed the vote against this amendment basing his argument on the fact that stipulating an age restriction is contrary to Islamic law. There is hardly anything Islamic about child marriage. One may argue that the practice is even un-Islamic as it runs counter to the true spirit of Islam. Marriage is a contract and the Koran, in Surah al-Nisa', 4:21 prescribes the institution as a "strong solemn covenant". Underage girls, say at the age of nine, cannot enter into such a covenant, as it is too strong a contract. A minor has neither the ability nor capacity to understand what a covenant means and implies. In addition, in any given family, both husband and wife may and can stipulate conditions. If either party fails to keep their agreements, the marriage may collapse. In this sense, a child cannot stipulate conditions. Marriage is a partnership for life. We cannot expect a child to have the necessary experience or intellectual acumen to rightly choose her breadwinner. Thus, from this perspective, child marriages can neither be considered koranic nor Islamic.

Section 17 (2) (a) provides that every citizen of Nigeria shall have equality of rights, obligations and opportunities before the law. Therefore, marrying off such children would certainly alter the course of their lives and is certainly not in accordance with the provisions of the Constitution. Section 42 (1) further provides that a citizen of Nigeria of a community, ethnic group, place of origin, sex, religion or political opinion shall not by reason only of that he/ she is such a person be subjected by application of the law to disabilities or restrictions to which citizens of Nigeria of other community, ethnic group, place of origin, sex, religion or political opinion are not subject to. Section 42 (2) further provides that no citizen of Nigeria shall be subject to any disability or deprivation merely because of the circumstances of his birth.

In the same vein, since any woman who is married is considered to be of full age, one may therefore conclude that the Senate is also advocating that;

- criminal liability can be placed on under age married girl child

- An underage married woman can vote and be voted for

- She can also obtain a driver's license

We are certain that this cannot be the intention of any right thinking legislature!

Having said that, such children are bound to suffer health-wise, economically and psychologically.According to the International Health Women’s Coalition;

- Because their bodies (bone structure, pelvis and reproductive organs) are not yet fully developed, girls ages 14 and younger run a very high risk of complications in pregnancy and childbirth compared with older adolescents.
- Prolonged and obstructed labour, which is common among pregnant young adolescents, can lead to haemorrhage, severe infection, and maternal death. This is especially true for girls who experience additional pregnancy-related complications such as eclampsia. Those who survive may suffer from obstetric fistula, a debilitating condition that causes chronic incontinence and results in shame and social isolation.
- Girls who are married young are also more vulnerable to sexually transmitted infections (STIs), including HIV/AIDS. For example, in Kisumu, Kenya, HIV infection rates are nearly 33 percent among married girls ages 15 - 19, compared with 22 percent among unmarried, sexually-active girls of the same age.
- Girls' physiological vulnerability due to the small size, inelasticity, and lack of lubrication of the vagina and cervix is compounded by their exposure to frequent, unprotected, and sometimes forced sexual intercourse within marriage; lack of information about STIs, including HIV; and inability to negotiate their own protection.
- The average age gap between young brides and the men they marry reaches eight to ten years or more in some countries. The older the husband the more likely it is that he has had multiple sexual partners and may be HIV-positive.

We must therefore rise and speak up for the Nigerian child particularly the Nigerian girl-child. By Section 14 (2) (a) of the Constitution, sovereignty belongs to the people and the government only derives its powers and authority through the people. It further provides that participation of the people in their government shall be ensured. We therefore implore all well-meaning Nigerians to endorse this petition and guarantee a safer and more secure Nigeria for the girl child.