Akwa Ibom Judge: Urges State to Create Akwa Ibom Alternative Child Care Database

• High Court Judge Theresa Obot urged the Akwa Ibom government to establish a robust database and monitoring system for children in alternative care.
• The judge warned that the absence of reliable data exposes vulnerable children to significant risks of abuse and exploitation.
• Concerns were raised about law enforcement officers manipulating children's ages to facilitate detention in correctional facilities instead of alternative care.
• Judge Obot emphasized that the justice system must prioritize the safety, stability, and development of children in all family-related cases.
• The call was made during the Akwa Ibom Alternative Care Conference, organized by the Street Mentors Network, which also marked its fifth anniversary.

The absence of a comprehensive and regularly updated Akwa Ibom alternative child care database, coupled with inadequate monitoring, poses a significant protection risk to vulnerable children.

A High Court judge in Akwa Ibom State, Theresa Obot, has strongly urged the state government to establish and maintain a reliable Akwa Ibom alternative child care database. This critical recommendation, delivered during her keynote address at the Akwa Ibom Alternative Care Conference in Uyo, underscores the urgent need for a more robust system to track and safeguard vulnerable children. Judge Obot emphasized that without such a comprehensive database and a stronger monitoring framework, children placed in alternative care arrangements remain exposed to significant risks of abuse and exploitation.

Alternative care encompasses various provisions for children who cannot safely reside with their biological or usual families, whether temporarily or permanently. These arrangements include kinship care, foster care, guardianship, and family-based care, as well as, when absolutely necessary, residential or institutional care. The fundamental objective of these provisions is to ensure a safe, stable, supportive, and nurturing environment for the child, thereby protecting their rights and fostering their development.

The conference, held on a Saturday, was organized by the Street Mentors Network and marked the organization's fifth anniversary. The event focused on the theme, "Mobilising Families for Alternative Care of Vulnerable Children." Judge Obot's address, titled "Every Child Deserves a Safe Family: The Law, Our Responsibility and the Way Forward," highlighted the profound protection risks stemming from the current absence of reliable data on children in alternative care.

Judge Obot articulated that the lack of an Akwa Ibom alternative child care database creates a perilous void, making it impossible to ascertain the number of children in such arrangements and leaving them vulnerable to various harms. She stressed that alternative care provisions must be meticulously structured, and the government must commit to intentionally documenting every child placed in these settings. Furthermore, regular follow-ups are essential to continuously assess and ensure the welfare of these children.

The judge also brought to light concerning practices within law enforcement agencies regarding children. She alleged that some officers have been known to manipulate children's ages, artificially increasing them to facilitate their detention in correctional facilities. This practice, she noted, serves to bypass alternative care options, placing children in environments ill-suited for their protection and rehabilitation. Such actions directly contradict the principles of child welfare and protection.

These systemic issues highlight a critical compliance gap within the state's child protection mechanisms. The absence of a centralized Akwa Ibom alternative child care database not only hinders effective oversight but also perpetuates an environment where vulnerable children can fall through the cracks, underscoring the urgency of the judge's call for reform.

While identifying significant gaps, Judge Obot commended the Akwa Ibom State Government for enacting the Child Rights Law in 2008. This legislation provides a crucial framework for safeguarding children from abuse and exploitation, and for resolving family disputes that involve minors. Notably, Akwa Ibom stands out as potentially the only state in Nigeria with a law that explicitly prohibits the branding of a child as a witch or wizard, a testament to its progressive stance on child protection.

However, the judge underscored that the justice system must consistently place the safety, stability, dignity, belonging, and development of children at the core of all family-related cases. She posed a fundamental question for Family Courts: what environment will truly enable a child to achieve wholeness? This perspective challenges the notion that family preservation should override a child's safety, particularly when the home environment is harmful. Similarly, separation should not be the automatic first response if safety can be achieved through targeted support, protection, and rehabilitation efforts.

Judge Obot's remarks highlight that while the legal framework exists, its application must be rigorously child-centric. The Akwa Ibom alternative child care database and monitoring system, once established, would serve as a vital tool to ensure that the provisions of the Child Rights Law are effectively implemented and that the best interests of every child are consistently upheld.

Judge Obot pointed out that family disputes, which frequently come before the courts, are often framed as conflicts between adults—husbands and wives, fathers and mothers, guardians and parents, or other relatives. Yet, beneath the legal arguments and pleadings, it is invariably a child who lives with the profound consequences of these disagreements. Children caught in such contentious situations are susceptible to a wide array of devastating experiences.

These include emotional trauma, exposure to domestic violence, neglect, parental alienation, and poverty. Their education can be severely disrupted, and they may endure sexual abuse, physical punishment, abandonment, trafficking, and exploitation. Furthermore, children in these circumstances often face the loss of contact with parents or siblings, or experience repeated, destabilizing movements between different homes. The judge firmly stated that custody should never be viewed as a prize to be won by adults.

It is imperative, therefore, that Family Courts ensure the interests of children do not become obscured or disappear amidst the legal battles of adults. The proposed Akwa Ibom alternative child care database and enhanced monitoring would play a crucial role in identifying children at risk due to such disputes, allowing for timely intervention and ensuring their welfare remains paramount.

This judicial call for a comprehensive database and monitoring system for children in alternative care in Akwa Ibom highlights a significant compliance gap. Lawyers advising institutions involved in child welfare in the state should anticipate increased scrutiny and potential regulatory changes, and proactively review their clients' data management and child protection protocols to mitigate future liabilities.

Source: Original reporting via Premium Times