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Legal Reasons Why Davido, Dele Momodu; And Davido's Baby Mama Should Keep Baby I Made Out Of Their Media Warfare.Legal Reasons Why Davido, Dele Momodu; And Davido's Baby Mama Should Keep Baby I Made Out Of Their Media Warfare

By Emmanuel Onwubiko
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HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA ) has observed with considerable trepidation and disappointment the media brickbats and unnecessary spat between the highly successful celebrity Musical performer known by his stage name of DAVIDOand the high profile publisher and respected columnist/Political activist Chief DELE MOMODU over a child custody disagreement involving the Musician; his erstwhile female companion Ms Sophie who is reportedly the cousin to DELE MOMODU over a Child- little Baby of seven months called IMADE.

The reason for the strategic media intervention is to call on all the parties to sheath the sword and use constructive and private means to find lasting resolution so as to respect and edify the constitutional dignity and fundamental human rights of the little baby who is being used illegally as the PUNCHING BAG in needless cocktail of squabbles by some adults who ought to safeguard and protect her human rights especially the baby's right to human dignity and privacy enshrined in chapter four of the Constitution of the Federal Republic of Nigeria of 1999 (as amended ). Specifically sections 34 and 37 are unambiguous regarding these sets of rights which the baby is entitled to as a human person. Section 34 (1) provides thus;

"every individual is entitled to respect for the diginity of his person, and accordingly-

(a) No person shall be subjected to torture or to inhuman or degrading treatment;

(b) No person shall be held in slavery or servitude; and

(c) No person shall be required to perform forced or compulsory labour.

even as section 37 provides thus:" the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected ".

The legal reasons backing the Child is enshrined in the Declaration of the Rights of the Child (DRC) built upon rights that had been set forth in a league of Nations Declaration of 1924. The preamble notes that children, need" Special safeguards and care, including appropriate legal protection, before as well as after birth "reiterates the 1924 Declaration's pledge that" mankind owes to the Child the best it has to give" and specifically calls upon voluntary organizations and local authorities to strive for the observance of children's rights. One of the key principles in the DRC is that a child is to enjoy "special protection as well as opportunities and facilities, by law and other means for healthy and normal physical, mental, moral, spiritual and social development in conditions of freedom and dignity". The paramount consideration in enacting laws for. This purpose is “the best interests of the Child". A standard echoed throughout legal instruments on Children's rights. Among the DRC principles, a child is entitled to a name and nationality, to adequate nutrition, housing recreation and medical services

African Charter on the Rights and Welfare on the Rights and Welfare of the Child 1990.

Special measures of protection are to be taken for handicapped children and children should enjoy physical mental and spiritual health (Art.13-14). Children should be protected against all forms of economic exploitation and against all forms of torture, maltreatment and abuse (Art.16).

RECOMMENDATIONS :
(1) We plead with the revered traditional King of Ife the Ooni of Ife to please intervene and use his wisdom to settle this matter out of the views and prying eyes of the media;

Other legal means can also be used provided this baby isn't unduly denigrated and her rights wantonly abused by the trio. NAPTIP is very slow to respond to the need to save the best interest of this baby in line with the Child Rights Act of 2003.

(3) Media houses should safeguard the privacy of the child by refusing to publish the toddler's photograph. Would any editor be happy if the privacy of his child nor his/her medical records splashed on page one of national daily?

*Comrade Emmanuel Onwubiko;
National Coordinator.