Funmilayo Olagunju

Child endangerment is the placing of a child in a place or position that exposes him or her to danger to life or health. It is also termed endangering the welfare of a child (Black’s Law Dictionary).

Physical child endangerment and child abandonment are forms of child endangerment. Physical child endangerment refers to reckless behavior toward a child that has caused or could cause serious physical injury.

There is a legal obligation to take care of a Child by those who are legally responsible for the child.

Section 1 of the Child Right Act 2003 provides:

“A child shall be given such protection and care as is necessary for the well-being of the child, taking into account the rights and duties of the child’s parents, legal guardians, or other individuals, institutions, services, agencies, organisations, or bodies legally responsible for the child”.

Child abandonment is not just a moral wrong, it is equally a punishable offence.

“Any person who unlawfully abandons or exposes a child under the age of seven years, in such a manner that any grievous harm is likely to be caused to it, is guilty of a felony and is liable to imprisonment for five years”

Section 341 of the Criminal Code Act

By the virtue of Section 16 of Violence Against Persons Prohibition Act 2015, abandonment of a child is punishable with imprisonment or fine. The relevant section provides:

“A person who abandons a wife or husband, children or other dependent without any means of sustenance commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 years or to a fine not exceeding N500,000.00 or both”.

A child is a human being vested with human rights. Unlike a chattel or personal belongings, a child cannot be disposed or abandoned at will. It is unlawful for a parent to abandon or otherwise endanger a child. Major excuses responsible for child abandonment are teenage pregnancy and allegation of metaphysical possession. None of these are tenable defence for child endangerment.

“Can a mother forget the baby at her breast and have no compassion on the child she has borne? Though she may forget, I will not forget you!”

Isaiah 49:15 (NIV).