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For the purposes of determining the legal age of
sexual consent, we shall be relying on the provisions of the Child Rights Act
(2003). However, we must understand that the in 2003,
Nigeria adopted the Child Rights Act to domesticate the Convention on the
Rights of the Child. Although this law was passed at the Federal level, it is
only effective if State Assemblies also enact it. To date, only about 16 of the
country's 36 States have passed the Act. The Act aims to promote and protect the rights
of children and it is quite important that other states in Nigeria yet to adopt
same do so in the interest of the children of that state.
With regard to sexual intercourse
with children, the Act provides in Section 31, that-