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These issues are discussed together in the context of the belief that the absence of statutory protection of children is not fatal to their human rights protection, and that neither an Islamic nor any other religious marriage trumps the rights of children in Nigeria.The article recommends a negotiated consensus in determining the minimum age for child marriage, given Nigeria’s plural and religious constituents.The 2017 budget was passed by the state house of assembly in March 2017(8 months ago), with less than a month to the end of the year, a complete break down of the budget is no where to be found.

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Methodologically, even though this comment draws generally from Braimah’s article to provide some of the context important for my comments, it is not a direct refutation of some of Braimah’s conclusions in respect of child marriage.

In sum, my comments are a modest contribution to the important debate on the nature and structure of the protection of human rights in Nigeria.

Key words: Child marriage; Child Rights Act; Child Rights Law; 1999 Constitution In this article I reflect on two aspects of the article on child marriage in Nigeria by Braimah.1 My first concern relates to the nature and extent of statutory elaboration of the constitutional protection of children in a dualist and religiously-plural federal country.

My second concern is the view that the 1999 Constitution of the Federal Republic of Nigeria (1999 Constitution) recognises religious marriages as trumps in the Nigerian Bill of Rights jurisprudence.

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