The Chairman of the Special Investigation Panel on Sexual and Gender Based Violence (SGBV), Tony Ojukwu Esq. has restated the need to uphold the best interest of the child principle in resolving cases of SGBV saying that misunderstanding between couples should not be an excuse to jeopardise the rights of any child.
Ojukwu who is also the Executive Secretary of the National Human Rights Commission (NHRC) stated this on Tuesday during the second phase public sitting of the complaints of SGBV in Abuja, observed that couples having domestic issues should strive to ensure that the rights and welfare of their children are given utmost priority.
The Executive Secretary while making reference to a complaint of alleged denial of access to children and assault brought by a 30-year-old woman against her husband, noted that a husband does not have the right to deny her wife access to their children and vice versa.
He however said that the Child’s Right Act 2003 provided that a woman should have custody of her child who is below the age of 18 years and thereafter, the child who has now matured can decide whether to stay with the mother or the father as the case may be.
The Chief Human Rights Officer further pointed out that there were however exceptional circumstances that could warrant the Commission to hold that children under 18 years can stay with their father.
In any circumstance, the Executive Secretary stated that as far as the husband and wife are alive, they are entitled to have access to their children whether they are living together or not.
In a related complaint which bordered on alleged denial of a mother access to her child by her husband, the panel after hearing the parties ordered the husband in question to allow his wife to take custody of a four (4 ) year old boy.
The said child boy has been staying with his father after he had some misunderstanding with the wife, who currently lives in a separate house.
Besides, the panel ordered the man to ensure that adequate provision of the basic needs of the child who will now be in the custody of his wife pending a possible reconciliation and lliving together again as couples.
