The Rule of Law and Accountability Advocacy Centre (RULAAC) has reviewed the complaint of a mother who alleges that she has been denied access to her six-year-old twin children by their father following the breakdown of their marriage.
Based on the facts presently available, this matter appears to be primarily a child custody and parental access dispute rather than a criminal case. There is no indication that a court has issued any custody or visitation order determining the rights and responsibilities of either parent. In such circumstances, the overriding consideration under Nigerian law and international human rights standards is the best interests of the child.
Children have the right to maintain a meaningful relationship with both parents, except where such contact would expose them to harm. Likewise, both parents have responsibilities and rights concerning the upbringing of their children, subject always to the welfare and best interests of the child.
RULAAC is concerned by the allegation that the mother has been completely denied access to her children and by her expressed fears that they may be subjected to maltreatment while in the care of another adult. These allegations warrant prompt attention by the appropriate child protection authorities. An independent assessment of the children’s welfare should be undertaken to ensure that they are safe, healthy, and receiving appropriate care.
However, RULAAC does not consider it appropriate to criminalise what is essentially a family dispute in the absence of evidence that a criminal offence has been committed. The Nigeria Police Force should not ordinarily be used as the primary mechanism for resolving custody or visitation disagreements between parents. Police intervention should be limited to situations involving allegations of criminal conduct, threats to the safety of the children, breaches of the peace, or the enforcement of valid court orders.
Accordingly, RULAAC recommends that the matter be referred in the first instance to the relevant child protection and family welfare authorities, including the Lagos State Domestic and Sexual Violence Agency (DSVA), the Child Protection Unit of the Ministry of Youth and Social Development, or other competent social welfare agencies, with a view to facilitating mediation and assessing the welfare of the children.
Should mediation fail, either parent should approach the Family Court for appropriate orders relating to custody, parental access, visitation, or other arrangements that best serve the interests of the children.
RULAAC remains committed to promoting child-centred, rights-based, and lawful approaches to family disputes while discouraging the misuse of criminal justice institutions to resolve matters that are more appropriately addressed through mediation, child protection services, and the Family Court.
