I.
Submission of the Communication and Procedure
1. The Secretariat of the African Committee of Experts on the Rights and Welfare of
the Child (the Committee/ACERWC) received a Communication dated 07
December 2021 pursuant to Article 44 of the African Charter on the Rights and
Welfare of the Child (the Charter/ACRWC). The Communication is submitted by
the Child Rights and Rehabilitation Network, Institute for Human Rights and
Development in Africa and Centre for Human Rights (On behalf of Children
Affected by Witchcraft Accusations in Nigeria) (the Complainants/the Applicants)
against the Federal Republic of Nigeria (the Respondent State). Following receipt
of the Communication, the Secretariat conducted a preliminary review and
registered the submission as Communication No: 0017/Com/001/2021 pursuant to
Section III of the Revised Guidelines for the Consideration of Communications and
Monitoring Implementation of Decisions (Communications Guidelines). The
Communication was duly transmitted to the Respondent State through a Note
Verbal ACE/OL/10/307.21 dated 15 December 2021, requesting it to submit its
arguments on the admissibility of the Communication within 60 days according to
Section IX(2) of the Communications Guidelines. Up on the expiry of the 60 days,
the Committee issued five reminders for the Respondent State to submit its
arguments. Notwithstanding these reminders, the Respondent State failed to
submit any response on the admissibility of the Communication.
2. In light of the foregoing, the Committee resolved to proceed with the consideration
of the admissibility of the Communication in the absence of the Respondent State’s
submissions, taking into account the multiple reminders issued and the best
interests of the children concerned. The Committee, after a careful consideration
of the requirements for admissibility, ruled and declared the Communication
admissible in May 2023 during its 41st Ordinary Session of the ACERWC.
3. Subsequently, the Respondent State submitted its response to the Communication
through a Note Verbal ref no 587/12/2023 dated 04 December 2023 where it also
requested for review of the Committee’s Decision No 001/2023 where the
Committee declared Communication No: 0017/Com/001/2021 admissible. The
Respondent State’s submission was duly transmitted to the Complainants, who
thereafter submitted their observations.
4. Having carefully examined the submissions of both parties, the Committee
dismissed the request for review during its 43rd Ordinary Session held from 15 to
25 April 2024 in Maseru, Lesotho.
5. Thereafter, the Committee proceeded to hear the parties during its 44th Ordinary
Session held in Maseru, Lesotho where it considered the oral arguments of the
Complainants and the Respondent State.
6. The Committee conducted a fact-finding mission in the Respondent State on 2125 July 2025 where it held meetings with relevant Federal authorities and
conducted a field visit to Akwa Ibom State.
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