Features
Of Baby Factories And Child Adoption Laws
The issue of child adoption and the need to have a child that a couple can call their own has been a nightmare to many families in Nigeria.
This is because, for many reasons, some couples are unable to have their own biological children and resort to other options such as adoption or fostering so as to have children they can call theirs.
In Nigeria, adoption is governed by two laws, the Child’s Right Act (2003) which incorporates the rights and responsibilities of children, and the Adoption Law of the state where one seeks to adopt the child from.
Adoption is a legal process pursuant to state statute in which a child’s legal rights and duties toward his/her biological parents are terminated and similar rights and duties toward adoptive parents are substituted.
It is also an order vesting the parental rights and duties relating to a child in the adopters, made on application by an authourised court.
For adoption to take place, the court is vested with powers to grant an adoption order, depending on the type of adoption taking place. The court also has the right to cancel an adoption process if it thinks or gets reports that the adoptive parents applied undue duress.
In Nigeria, adoption procedures and rules differ from state to state, for example, adoptive parents must foster children for at least three months in Lagos, but must foster for at least one year in Akwa Ibom, while Abuja allows adoption only if one parent is a Nigerian.
The laws in most parts of the country provide that an application for an adoption must be made in the prescribed form and submitted to the registrar of a competent court.
Section 116 of the Child Rights Law of Lagos State 2015 makes provision for adoption application, made in prescribed form and accompanied with: the marriage certificate or a sworn declaration of marriage, the birth certificate or sworn declaration of age of each applicants and two passport photographs of each applicant, as well as a medical certificate of fitness of the applicants from a government hospital.
In practice, the adopter cannot make this application to the court on his or her own without the consent of the government welfare agency or department.
In Lagos State, the government department responsible for such a process is the Ministry for Youth and Social Development.
On receipt of the application, the court will give an order of investigation to be conducted by Social Welfare Officers, supervision officers, and any other persons as the court may determine to assess the suitability or otherwise of the applicant as an adopter.
Observers, however, note that the quest for children further compounds the pressure from family and friends, as well as high expectations from the society which force some couples to engage in acts contrary to the law.
Some observers say it is such pressure and the “somewhat unfriendly” adoption laws in some states that prompts “child harvesting”, popularly called “baby factories,’’ which is fast becoming a lucrative business for those offering to solve the eagerly will-be parents who desperately seek babies.
Mrs Ngozi David, a business woman living in Abuja who said she got married 25 years ago but never had even miscarriage, said “I am now used to the derogatory names referred to me by my friends, inlaws and some family members.
“I have been to many hospitals in search of the fruit of the womb but did not succeed, I also visited many Churches and even some Muslim clerics but yet to get an answer.
“I applied to adopt a child some years ago but when I didn’t get after eight months, I decided not to pursue it and went for prayers to different worship centres. I don’t even know what to do again: just waiting for God’s time.”
David’s story is not far from Mrs Justina Agbo, a civil servant residing in Abuja, who said she got married 15 years ago and has no child yet.
Agbo said that even though her inlaws have been helping her in that regard, she is always moody, sad, and feels rejected.
She added that in 2019, she even contacted someone who said he would link her up with a “baby factory” to book for a baby boy at N300,000, but was later advised by a friend not to go ahead with the plan.
On why she didn’t go for adoption, she said “I learnt that the process is cumbersome and takes years. I am just waiting for God’s time.”
Mrs Patience Gying, a Counselor, says people now see “baby factories” as a lucrative business where they can easily get paid to make some girls pregnant.
This, according to her, they do without thinking about the fate of the innocent child sold for a plate of pudding.
She said that the practice negates the Child Rights Law and the reasons for setting up homes to carter for the needs of prospective persons wishing to adopt or foster children legally.
Gying said some of those arrested in the past for engaging in “baby factory” business said they did that because of economic hardship, the desperation by couples to get babies and greed for money.
A lot of the girls rescued from such factories were school dropouts, young women who were denied access to education or sent away from their homes for various reasons.
Abject poverty is the major reason young mothers give up their babies in exchange for money, while others do so due to societal shame and the lack of support or the lack of knowledge about what or where to get help after getting pregnant the wrong way.
Unfortunately, the baby trade business is also promoted by some medical practioners, proprietors of motherless babies’ homes and even relations of girls who become pregnant out of wedlock due to societal shame.
Even though the nefarious activity continued unhindered in the past, the government, security agencies and community members have started to beam their searchlights on such acts.
In September 2019, the police command in Lagos State rescued 19 pregnant young women and four children during raids on four “baby factories” in the state.
It was reported that two suspects were arrested during the raid, but the principal suspect absconded after she got wind of the raids.
The state Police Public Relations Officer, Bala Elkana, said in a statement that a manhunt was launched for the suspect, explaining that the suspects were operating as nurses at the baby factories when they had no any formal medical training.
“Two suspects, Happiness Ukwuoma, 40; and Sherifat Ipeya, 54, were arrested in connection with the case, natives of Imo and Lagos states and did not receive any formal medical training, but operated as nurses.
“The Command has launched a manhunt for the principal suspect, Madam Oluchi, from Mbano, Imo State. She is a mother of five.
“The young women were tricked with employment as domestic workers in Lagos and abducted by the suspects for the purpose of getting them pregnant and selling their babies for between N300,000 and N500,000, depending on the sex.”
Elkana stated that the state’s Commissioner of Police, Zubairu Muazu, had visited the scene and ordered the State Criminal Investigation and Intelligence Department to take over the case, adding that the Command had been working with other agencies and stakeholders to rehabilitate and resettle the pregnant women and the babies.
He added that investigation was ongoing and the suspects would be charged to court.
This is one of such stories happening in some parts of the country.
When some couples and families are seeking for children to genuinely adopt and take care of just like every normal family, some greedy individuals are thinking of how to make money out of it.
While adoption is legal and couples are allowed to do so, the laws guiding it are stringent, just to make sure that such children are well catered for.
Mrs Agnes Utah-Hart, the Director, Gender Development Department, Federal Capital Territory, explained that the delay in adoption process is to ensure that the applicants are thoroughly accessed and scrutinised.
Utah-Hart says the measure is also to ensure that only those that are suitable and capable are given the opportunity to adopt.
She noted that the stages of adoption or fostering in the Federal Capital Territory (FCT) include a handwritten application letter, application form, birth certificate or declaration of age.
Others requirements are: recent passport photographs of the prospective adopter, evidence of income, medical fitness, letter of consent and other legal process.
“The application is submitted to the secretary, Social Development Secretariat, who in turn, minute it to the Director, who minutes it to the Deputy Director and there is a team that does home visitation as part of adoption process and it is very important.
“We visit the homes and access the readiness of the applicant that wants to pick the child. After that, there is an adoption committee — the FCT Adoption Committee to look at the application based on merit and availability of children.’’
According to her, at least 500 persons apply for adoption and fostering annually within the FCT.
She said some applicants fail to complete the adoption process to the legalisation stage, which is the final phase, while some complain about the waiting period of 12 months as stipulated in Section 121 of the Child Rights Law, “but it is normal.”
A legal practioner and children activist, Ms Grace Auta, said Section 30 of the Child’s Rights Act specifically deals with selling of children and anyone guilty of such is liable on conviction to a term of 10 years in prison.
Auta added that “any payment to facilitate adoption process is also against the law and anyone that contravenes this is liable on conviction to a fine of not more than N30,000 or imprisonment for a term not exceeding three years or both.’’
She said that “no matter how long or complex child adoption process might be, the joy and fulfillment given to a child, abandoned by a biological mother, into a welcome and loving home erodes all questions
“The child, who knows only the warmth and care of his or her adoptive parents grows with the notion that they truly are his/her parents, hence the need for adopters to patiently pursue the process to its logical conclusion, since it is a worthy cause.”
Auta writes from News Agency of Nigeria.
Justina Auta
From the fore going, the fight against drug trafficking should be treated as an international challenge with open collaboration, if the world leadership must win the fight!.
The circumstances or should I say the improvement on drug related activities are modifying and updating on daily basis. A close friend of mine in the United States of America who recently visited Jamaica, came with a lot of complicated information about drug trafficking and transaction. Being a qualified Nurse in US and on a visit to the Reggae Country (Jamaica), she said she was put aback when a man approached her and introduced himself as a Pharmacist. According to her, she immediately picked interest due to her professional background. To her, a business partner is birthed. But she was shocked to the narrows on learning that drug dealers or traffickers and subriquited Pharmacist in that Country. From her account, they ( The Jamaican Pharmacists), are the first set to people to meet and greet you at the Airport. No government or authority challenges them in the open due to the sophisticated nature of their transportation
Come to think of it, who would want to attack a Pharmacist on duty? Nigerians are not left out in the improvement on drug deal. A chat with a confident in the National Drug Law Enforcement Agency ( NDLEA) Rivers State Command, so revealed. The Officer draw my attention to the movement of Dispatch Riders. He said part of the reasons they ride with almost speed equivalent of the thunder lightning, is to meet up with the appointment of delivering hard drug consignment to a client of theirs. According to him, those guys popularly referred to as Yahoo Boys are the ones who now payroll dispatch riders so that they can deliver their consignment ( hard drugs) on schedule no matter the sort of traffic or weather condition. The fear of loosing rich clients and that of the unknown treatment that may come of the Boys, as the officer puts it, drives the Riders crazy thus the reason to speed even at the expense of their lives.
The account of a prominent Party Promoter, Wayne Anthony, as obtained online recently, also pointed out that ‘No Legislation Will Stop Clubbers From Doing Drugs’ Party promoter, Wayne Anthony, arrived in Ibiza, a Spanish Island in 1988, at the same time as dance music and the party drug ecstasy. Despite hallucinating badly enough to make him give up the lifestyle forever, he says laws will never stop clubbers taking drugs. “I don’t think you can control these things,” said former party promoter Wayne Anthony. He arrived in Ibiza in 1988 and began setting up club nights and raves in some of the island’s most iconic venues. In the years that followed, the sleepy Spanish island turned into a raver’s haven of clubbing and hedonism, with party drugs like ecstasy commonly found. “What Ibiza represented was this beautiful, hot island which was visually stunning and we knew you could party there quite legally,” said Wayne. “You didn’t have to look over your shoulder. You could just be as free as you possibly could be.”
That freedom came with a price. Along with the lavish clubs, all-day-benders and hot Spanish sun came drug cartels and crime. The city transformed into one the world’s most vibrant party capitals, “fuelled by a dangerous and lucrative drugs trade which drew as many criminals to its shores as it did party animals”. Wayne, one of the contributors to the documentary, spoke to Sky News ahead of its release.”I’m not going to sit here and say the cartels aren’t there. They are all there and they’ve been there from the ’90s,” said Wayne. But he said most people tried to ignore the organised crime going on around them. According to Wayne, clubbers usually took the approach of: “‘Give me 10 E’s . Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Hallucinating giant spiders Although he described the Balearic island as the “motherland”, it was eventually a bad experience with drugs that convinced Wayne it was time to leave Ibiza.
He’d been partying for days when he realised he’d taken too many drugs. A friend told him to drink cough medicine, dangerous advice that he now says could have killed him. “I saw the worst hallucination I’ve ever seen in all of my life. I ended up locking myself in the villa with all the shutters down. When he sobered up, he realised he had “come to the end” of his party life on the island. “I never looked back. I never took another drug. I got away from the club world.” ‘I don’t think you’re going to be able to stop it’ Despite his life-changing experience, he doesn’t think criminalising drugs is a good idea – or particularly effective. “If you’re old enough to vote for who’s going to be a world leader, if you’re old enough to put your name down on debt for 25 years, I feel like you should be old enough to govern what you put inside your own body, you know?” said Wayne.
Back to Nigeria, some illicit drugs worth over N30billion seized at Onne Port in Rivers State.
This blood chilling development forced the Federal Government to declare a state of emergency at the Onne Port, following what authorities described as repeated incidents of importation of dangerous cargo, including arms and ammunition through the said port. To this effect, the government said it was immediately implementing emergency protocols at Onne Port for the next three months by conducting thorough examinations of all suspected containers in the premises.
The Comptroller-General of Customs, Bashir Adeniyi, in charge of the port via a press conference, said it henceforth, unveiled the seizures of illicit goods by the Nigeria Customs Service, Area 2 Command, Onne in Eleme Local Government Area of Rivers State. In defence for his action, Adeniyi said the recurring incidents posed a threat to national security, adding that the health of citizens at the Onne Port is increasingly being used as a destination for dangerous and illicit cargo, describing it as a disturbing trend.
The customs boss stated, “Earlier today, I joined numerous stakeholders to take a significant step towards the cause of trade facilitation through the inauguration of upgraded facilities provided by the West Africa Container Terminal, Onne. “As I express delight that trade facilitation is getting traction in Onne Port, I cannot help but call your attention to a grave concern. This has to do with the repeated incidents of national security breaches unfolding in Onne Port. I appreciate your presence, as we all have a shared responsibility in safeguarding our national security. As we are all aware, the policy thrust of Mr President supports the re-energising of our business environment to drive faster import clearance and grow our capacity for exports, Our emphasis has been to promote initiatives that speak to Trade facilitation and economic development. “It is a matter of regret that criminal elements in the international supply chain are exploiting our pro-trade stance to commit atrocities bordering on national security breaches”.
“The attempts to test our will through the importation of dangerous cargo through this port has necessitated the declaration of a state of emergency in Onne Port, coming on the heels of a seizure of a huge cache of arms a couple of months ago. It is disheartening that perpetrators have not backed down on their illegal acts. Recent intelligence and seizures have revealed a disturbing trend; Onne Port is increasingly being used as a destination for dangerous and illicit cargo. The scale and nature of these illegal importations pose a significant threat to our national security and the health of our citizens. Today, we are here to showcase yet another series of significant seizures made by the diligent officers of the Area 2 Command. On display are twelve containers of illicit goods intercepted through a combination of intelligence gathering, inter-agency collaboration, and meticulous physical examination. Seizures on Display include: Three (3) x 40-feet containers: Containing 562,600 bottles of 100ml cough syrup with codeine and 3,150 pieces of chilly cutters, with a Paid Duty Value (DPV) of N4,716,573,846.
“Others are, three x 40-feet containers containing 380,000 bottles of 100ml cough syrup with codeine, 24,480,000 tablets of Royal Tramadol Hydrochloride, 5,350,000 tablets of Tapentadol and Carisoprodol, and other items, with a DPV of N17,432,506,000 were seized”.
According to the report, more seized items were, “Five (5) x 40-feet containers; Containing 892,400 bottles of 100ml cough syrup with codeine, 1,300,000 tablets of 50mg Really Extra Diclofenac, 7,250,000 tablets of 5mg Trodol Benzhexol, and other items, with a DPV of N8, 128,568,295,90. This very action of the Nigeria Customs Service, further complicated the hope of how soon the fight against drug trafficking could be brought to a halt owing to its high profile nature.
Another hair-raising report of the illicit drug deal has it that when NDLEA bursted a Snake-Guarded Shrine Used For Storing Illicit Drugs sometime ago in Edo State. This very news report was published in The Tide Newspaper on June 24, 2024. According to the report, NDLEA said its operatives uncovered a shrine, guarded by a snake, being used for storing illicit drugs, during an operation in Edo State. The Agency in a statement by its spokesperson, Femi Babafemi, added that its operatives discovered a specially constructed large hole in a wall, hidden behind wallpapers and fetish objects used for drug storage. It further noted that methamphetamine, Loud, Colorado and Arizona, all strong strains of cannabis with a total weight of 8.743kg among others, were recovered from the shrine.
To be cont’d
King Onunwor
The persistent clash between farmers and herders in Nigeria has been a longstanding issue. These conflicts, often, over resources like land and water, have led to loss of lives, destruction of property, displacement of large numbers of people, deep-seated mistrust between communities and insecurity. Herders, traditionally nomadic, move their livestock in search of grazing land and water. Farmers, on the other hand, require the same resources for their crops. This competition often leads to clashes, especially in areas where land is becoming increasingly scarce due to population growth, climate change, and environmental degradation. As these clashes intensify, there has been a growing call for sustainable solutions. Two weeks ago, President Bola Tinubu took a bold step towards tackling the issue by inaugurating the Presidential Committee on Implementation of Livestock Reforms and creating the Ministry of Livestock Development.
The committee which has the president as the chairman and the former Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega as the deputy chairman has the mandate to address obstacles to agricultural productivity and open up new opportunities which benefit farmers, herders, processors, and distributors in the livestock-farming value chain as well as propose recommendations aimed at fostering a peaceful co-existence between herders and farmers, ensuring the security and economic well-being of Nigerians.The establishment of the Ministry of Livestock Development was part of the recommendations of the National Livestock Reforms Committee. Part of the 21 recommendations submitted to the president include: “This agenda should include the establishment and resuscitation of grazing reserves as suggested by many experts and well-meaning Nigerians and other methods of land utilisation.
“Create the Ministry of Livestock Resources in line with practice in many other West African countries. In the alternative, Federal and State Governments should expand the scope of existing Departments of Livestock Production to address the broader needs of the industry,” among others. Experts in the agricultural sector have posited that the livestock industry can create millions of jobs directly in farming, processing, and distribution, and indirectly in related sectors like feed production, veterinary services, and marketing. It provides livelihoods for rural populations, helping to reduce poverty and improve the quality of life in rural areas. It also increases the Gross Domestic Product (GDP) and foreign exchange earnings through the exports of livestock and livestock products such as meat, dairy, wool and leather.
According to them, a well-funded livestock industry supports the growth of agro-processing sectors, such as meat packing, dairy processing, and leather manufacturing, adds value to raw products and creates additional economic activity as well as stimulates the development of supply chains, including logistics, packaging, and retail, contributing to broader economic growth. It enhances economic resilience by diversifying the agricultural sector and providing a buffer against crop failures or other agricultural shocks and many more. Some other agriculturists have also opined that the livestock industry in Nigeria is currently underdeveloped and that by the creation of the ministry of livestock development will open up the industry which will be a huge money spinner for Nigeria.
Reports have shown that a Livestock Ministry can play a pivotal role in mitigating conflicts between farmers and herders by implementing policies and programmes aimed at fostering coexistence and sustainable resource management. The Ministry can work towards clearly demarcating grazing routes and farming areas. This would reduce instances of trespassing and accidental crop destruction, a common flashpoint for conflict. While introducing rotational grazing systems can ensure that land is used sustainably, preventing overgrazing and land degradation, establishing water points and boreholes specifically for livestock can reduce competition for water resources. Similarly, promoting the development of pasturelands through reseeding and controlled burns can improve grazing conditions.
According to a veterinary doctor, Dr Andrew Obadiah, by providing training for herders on sustainable livestock practices and for farmers on conflict resolution, both parties can understand the importance of coexistence. He said that extension services of the ministry can offer advice on improving livestock health and productivity, reducing the need for large herds and extensive grazing. “Setting up local committees involving both farmers and herders to mediate disputes can provide a platform for dialogue and peaceful resolution. Encouraging community-based conflict early warning systems can help prevent clashes before they escalate”, he emphasised.For Mrs. Stella Ugwu, a farmer, having a ministry dedicated to the development of the livestock industry can help in diversifying income sources for both farmers and herders and in turn reduce dependence on land.
”For instance, promoting agro-pastoralism can provide farmers with livestock and herders with agricultural produce”, she explained, adding that providing incentives for adopting sustainable practices, such as subsidies for fodder production or crop insurance, can ease economic pressures. Ugwu was however of the opinion that the creation of a new ministry to handle livestock affairs was uncalled for, since the job can effectively be done by the Technical and Service Department of the Federal Ministry of Agriculture and food security and its equivalent on the states level.In some countries, the establishment of a Livestock Ministry or similar bodies has shown promising results. For example, Ethiopia’s Ministry of Agriculture includes a dedicated department for livestock which has successfully implemented programmes to improve pastoral livelihoods and reduce conflicts.
In Kenya, the establishment of the National Drought Management Authority has helped manage resources better, thus reducing clashes between herders and farmers during dry seasons.The president of Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), Othman Ngelzarma, sees the Ministry of Livestock Development achieving the same feat for Nigeria in the near future. He told newsmen that, “MACBAN expresses its deepest appreciation to the Federal Government for creating a ministry of livestock to unlock the trillion-naira livestock economy and create qualitative and productive jobs across the value chain to improve the Nigerian economy. With this development, MACBAN believes the hope of the Nigerian pastoralists is now achieved under the Renewed Hope Agenda.
However, the Middle Belt Forum took a different view of the proposed Ministry of Livestock Development, saying it was not enough to sustainably resolve the decades-long farmers-herders crisis in the country. According to the National President of the association, Mr. Bitrus Pogu, what is needed to end the perennial farmers/herders clashes is a deliberate action by regulatory bodies and the government to stop criminal elements from carrying out deadly attacks on innocent Nigerians, mainly farmers. Hear him: “If the reason for creating the Ministry is to stop clashes, I think it is wrong because all of these attacks and killings that are happening have nothing to do with conflicts between farmers and herders. “Farmers have never connived at any given time to go and attack herders, but rather, criminals who happen to be Fulani gang up and attack farmers, kill, maim and chase them out of their ancestral homes.
“Then, the Fulani will come and occupy them. So, it is more about invasion, criminality, and terrorism. And the majority of those they hire to do these evils are not even those who have cattle. So, a deliberate action has to be taken by the government against the perpetrators, which will address the criminality.” Mr. Pogu suggested that the government should adopt ranching for productivity and enduring peace between the pastoralists and farmers in particular and the entire country in general.While the establishment of a Livestock Ministry presents a viable solution, it is not without challenges. Funding constraints, bureaucratic inefficiencies, and corruption can hamper its effectiveness. Additionally, deeply ingrained cultural practices and mistrust between farmers and herders can be difficult to overcome.
Critics argue that without a holistic approach that includes land reform, climate change adaptation, and broader economic development, a Livestock Ministry alone may not be sufficient. Therefore, it must work in tandem with other governmental and non-governmental bodies to ensure comprehensive solutions. “A dedicated Livestock Ministry, with its focus on sustainable resource management, conflict resolution, and economic incentives, offers a promising avenue to address the root causes of these clashes. However, its success depends on effective implementation, adequate funding, and the cooperation of all stakeholders involved. With the right strategies and commitment, devoid of any political or selfish interest, it can play a crucial role in fostering peace and prosperity in affected regions”, they advised.
Calista Ezeaku