Benue State University, Makurdi

Age of Majority under Nigerian Law: The Quandary of Synchronization

Rachel Nwasolu Imbwaseh^*

Abstract

The Constitution of the Federal Republic of Nigeria provides eighteen (18) years as age of majority. However, other laws like Contract law, Electoral law, Labour law, Land law, Marriage law, Criminal law have different provisions respectively concerning age of majority for different purposes, because of these different laws with different majority ages in them, it is difficult in Nigeria to actually situate and apply a particular age as commonly acceptable age of majority when issues that need age determination come up. Against this background, this work titled ‘Age of Majority under Nigerian Law: The Quandary of Synchronization’ using the doctrinal method of research had examined some provisions of the laws to see the possibility of harmonizing the age of majority in Nigeria has found out that, the legislatures in Nigeria had no justification and no specific reasons were given for selecting the different ages for the different purposes in the laws and that in Nigeria. History had equally shown that maturity is not determined by age alone as people who were younger in ages compared to the ages provided under some of the laws for contesting political offices had headed Nigeria before. It was also revealed that the law relating to land denies a person who is not up to 21 years a right to be granted right of occupancy over a land which is also contrary to practical realities on ground because those who are 18 years are qualified to marry by law and have families to cater for and therefore are given land under the customary law to farm, build and stay with their families and so to deny such persons grant of right of occupancy amounts to discrimination and contradicts the constitution which pegs eighteen (18) years as age of majority. Therefore, though this work discovered that it is difficult to have a common age of majority for the different purposes in the laws, it is however important and possible to harmonize the ages of majority in some areas of the laws to avoid contradictions. Some recommendations were made in this research to wit among others in the area of contesting and holding political offices and granting of right of occupancy in Nigeria, hence since mental maturity is not an exclusive preserve of those who are 40years and above, 25 years should be common age of majority for contesting political offices in Nigeria because at this age a person who finishes university and has work experience and is mentally stable would be matured and be able to man any political office and rule Nigeria. It was equally recommended that the legal regime for granting of rights of occupancy should be amended to accommodate 18 years as age of majority for holding rights of occupancy in Nigeria to come to terms with the realities on ground and avoid contradictions and discriminations.

DOWNLOAD COMPLETE ARTICLE HERE (CLICK)