PARENTAL CHILD ABDUCTION IN NIGERIA: LEGAL CHALLENGES AND PATHWAYS TO JUSTICE

Abstract

Parental child abduction has become a pressing concern in Nigeria, although it is not as prominently reported or studied as other forms of abduction. Increasingly, one parent unlawfully takes children out of Nigeria without the authorisation of the other parent, leaving the left-behind parent grappling with legal, emotional, and logistical challenges to recover their children. Often, these efforts are futile, with some parents losing access to their children permanently. This research examines the existing legal frameworks governing child abduction, evaluates their effectiveness, and identifies the gaps that hinder justice for affected families.

This research adopts a doctrinal methodology which entails the use of primary sources of data such as the Child Rights Act 2003, Criminal Code Act, United Nations Convention on the Rights of the Child (UNCRC) and the Hague Convention on International Child Abduction, and relevant case laws. The secondary sources include articles, dictionary and internet materials.

Findings reveal significant deficiencies in Nigeria’s legal framework, including the absence of ratification of key international treaties, limited enforcement mechanisms for court orders, and insufficient collaboration between Nigeria and other jurisdictions. The study also identifies a lack of awareness and support systems for affected families, further complicating recovery efforts.

Based on these findings, the research recommends Nigeria’s urgent ratification of the Hague Convention, the establishment of a specialised child abduction unit within the judiciary, and enhanced cross-border cooperation through bilateral agreements. It concludes by emphasising the need for a robust legal and institutional framework to safeguard children’s welfare and uphold the rights of parents within the evolving dynamics of family disputes.