INTERROGATING THE VULNERABILITY OF CHILDREN AND THE CONCEPT OF SEXUAL ABUSE UNDER THE LAW IN NIGERIA

Abstract

Children occupy a uniquely vulnerable position in every society, and the law is expected to provide them with the highest level of protection against sexual abuse. In Nigeria, several laws have been enacted to safeguard children, yet incidents of child sexual abuse remain prevalent. This raises concerns as to whether the existing legal framework is conceptually coherent and practically effective.

The central gap addressed in this article is the disconnect between Nigeria’s extensive statutory protections and the continued vulnerability of children in practice. Adopting a doctrinal research methodology, the study examines key legislative instruments and institutional mechanisms regulating child sexual abuse in Nigeria. It interrogates the definitional scope of “child” and “sexual abuse,” the interaction between federal and state laws, and the operational realities of enforcement.

The study finds that although Nigeria possesses a seemingly comprehensive legal regime, inconsistencies in statutory provisions, uneven state adoption of child protection laws, weak institutional capacity and sociocultural barriers significantly limit effective implementation. The persistence of these structural and procedural weaknesses sustains children’s vulnerability despite formal legal safeguards.

The article concludes that meaningful protection requires more than legislative enactment. It recommends the harmonisation of relevant laws, the strengthening of enforcement institutions, and the adoption of child-sensitive judicial and investigative procedures to bridge the gap between legal standards and lived realities.