CAN rejects passage of girl- child marriage law by Senate •Interpretation of child-marriage not in the constitution - Senate

The President of the Christian Association of Nigeria (CAN), Pastor Ayo Oritsejafor, is worried about the Nigerian Senate’s passage of a resolution to retain the provision of section 29 (4) (b) of the 1999 constitution which states that, “any woman who is married shall be deemed to be of full age.”
As the leader of Christians in Nigeria, Oritsejafor was particularly irked by the statement credited to Senator Ahmed Yerima, a former governor of Zamfara State, to the effect that the proposal for the deletion of section 29 (4) (b) is at variance with Islamic Law. The President of CAN found the argument offensive because “it presupposes that Nigeria, a secular state, is populated only by Muslims.”

He said “Yerima is again, advertently stirring up another controversy about the supremacy of Islamic Law to the Nigerian constitution after the one he raised when he introduced Sharia, the Islamic legal code, in Zamfara State. I think the problem is that people like Senator Yerima are approaching  Qur’anic teachings from extremes and disturbing the balance. It makes me wonder the source of the emotions and thoughts that nurture them.

“As a senator whose case of marrying a 13-year-old Egyptian girl is still fresh in the memory of Nigerians, Yerima should only be seen and not heard in matters of this nature.”

“If he is now commenting on a case in which he has interest, it can only mean the action of someone trying to get himself out of the hook through some undeserved legislation.

“I appeal to individuals who have been educated along this line in the Senate not to use their rights as lawmakers to harm children below the age of 18, but to choose the interest of these children above their own. These girls should be allowed to develop, individually because this resolution, if implemented, would hound girls below 18 years into marriages they know nothing about. This is only one dimension of this tragic resolution.”
Meanwhile, the Senate, on Tuesday, sought to douse the tension and dust raised by its failure to delete the controversial Section 29 (sub-section 4b) of the 1999 Constitution as it said child-marriage was not part of issues recommended for amendment in the constitution.

Thirty-five senators, led by Sani Ahmed Yerima had, last week, voted against the recommendation by the Senate Committee on Review of the Constitution that the sub-section which stated that a woman that is married is full of age be deleted as it was discriminatory against women in respect of renunciation of the Nigerian citizenship.

However, addressing newsmen in Abuja on Tuesday, the chairman of the Senate, Deputy Senate President Ike Ekweremadu, said there was nothing new in that section of the constitution, having bern in existence since 1979.

“On the issue of Section 29, I want to appeal to Nigerians to please show understanding, to possibly read this section and understand that the issue has nothing to do with early marriage.  It has nothing to do with Islam.

“Essentially, it has to do with the renunciation of citizenship.  So, you have to give it a proper perspective. I want to assure them that in the future, we are ready to revisit it if Nigerians feel strongly about it.

“We have no Bill to approve early marriage. We are not sponsoring any Bill against Islam. This particular provision has been in our Constitution since 1979. Ours was an attempt to remove that aspect so that men and women would have equal footing regarding the issue of renunciation of citizenship. And we will never support early marriage,” he said.

Senate spokesman, Senator Eyinnaya Abaribe, who also addressed newsmen, said no interpretation of the sub-section can be found in the constitution, noting that what was done during the voting had to do with the issue of renunciation of citizenship and the manner and method by which it can be done.

“Prior to this time, if you are a Nigerian woman and you are married to a man who is a foreigner, the man cannot be a Nigerian citizen on the basis of that marriage. But the Senate has amended that. With respect to child-marriage, the National Assembly has a law, the Child Right Act which stipulates that marriage age is 18 years and above. A contradiction of the Act attracts a fine of N500, 000,” he said.

Ekweremadu said it was the attempt by the current Senate to delete the sub-section that generated reactions from Nigerians, adding, however, that protests by the people against the failed attempt to remove it was a justification of the position of his committees on some of the issues raised in the amendment exercise.

Ekweremadu further said the Senate did not fail as majority of the senators voted for the deletion of the sub-section but the effort failed because it could not secured 73 votes, representing the two-thirds majority required to get it passed.

He, however, appealed to Nigerians to understand the fact Section 29 (sub-section 4b) had nothing to do with early marriage or religion, adding that the attempt to remove it was to give women equal footing on the issue of renunciation of citizenship.

Speaking on the work done by the Senate committee on the amendment exercise, the Deputy Senate President said 13 of the recommendations successfully passed through the third reading, while 10 others could not sail through.

He said the Senate would await the version of the Constitution Amendment Bill that would be passed by the House of  Representatives, hopefully later this week, adding that both chambers would meet in a conference to harmonise both positions.

“The harmonised bill will subsequently be transmitted to the state Houses of Assembly for the ratification of each clause by a simple majority of two-thirds of the states”, he said.

Assuring that Nigerians would be happy if the recommendations eventually sail through, he called on the state legislators to expeditiously and in the national interest.

Senator Abaribe also said that some women groups would be present at the Senate today (Wednesday) for reasons which he did not disclosed but which may not be unconnected with the controversies generated over the perceived endorsement of girl-child marriage by some of the senators.
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