EVALUATING THE RIGHT OF THE ALMAJIRI CHILD TO EDUCATION, SECURITY AND DEVELOPMENT

"Almajiri” is a Hausa term for a student who has left his home in search ofIslamic Education. The term originatesfrom the Arabic word ‘Al-Muhajir’, meaning a seeker of Islamic knowledge1. Almajiris can be found in every part of Northern Nigeria. They sleep in the open air, mosques, dilapidated buildings or woodsheds, which also serve as Quranic schools during the day. After school hours, they spend most of their time begging for charity, or toiling2.The Constitution of the Federal Republic of Nigeria, 1999 promises Fundamental Rights to every person including children.3 In addition, children have since become recognized as vulnerable persons on whose behalf laws have been enacted, providing for protection against abuse by parents and other adults, or economic exploitation and other forms of social neglect. Yet in spite of these laws, the rights of children continue to be overlooked and many forms of child abuse and exploitation abound around the country. Lately, concerns have been raised over the disregard of rights and abuse of children within the Almajiri System thereby generating debates over its relevance in modern times. Against the foregoing background, this paper examines the protection of Almajiri children as it relates to the rights to education, security and development in Nigeria. Using a historical approach, the paper offers a comparison of the rights of children under Statutory laws and Islamic Law. The paper considers tradition, and legal issues in connection with the constitution as major obstacles for the realization of the child’s right to education and security- with greater impact on the Almajiri child and the country in general. The paper concludes by calling on government to convert the present Almajiri educational system into conventional school system, and integrate the curricular with Islamic education. Also, to ensure maximum protection of Almajiri rights, domestication of the Child Rights Act is recommendedfor states that have failed to do so in the country; and justiciability ofsocioeconomic rights is recommended.