The Best Interest of the Child Principle in Child Custody Cases in Nigeria

Abstract

One of the cardinal principles of international law is the best interest of the child princple enshrined in Article 3 of the UNCRC. The broad scope and general wording of the provision of the Article makes it relevant and important in all aspects of human society ranging from education, juvenile justice to health care. The 'best interest of the child princple ' is a universal principle of international law that is recognized globally and nationally. It has been incorporated into several regional, national instruments and legislations. Over the years, the principle has also found itself into the sphere of migration law and has impacted many different aspects, including the practice of detaining families with children, detention facilities and means of subsistence. It must be noted, however, that notwithstanding the existence of international, regional and national legal instruments and or frameworks that recognize the existence of this cardinal principle of law, its implementation is faced with challenges and difficulties in some countries in the world, Nigeria inclusive. These challenges are multifaceted in nature. This paper attempts to examine the implementation of the 'best interest of the child princple under the United Nations Convention on the Rights of Child, 1989 in Nigeria with a view to knowing whether its implementation is a reality or a mirage.