Section 226 Child’s Right Act

Section 226 Child’s Right Act 2003 is about Binding over of a parent or guardian. It is under Part XX (Child Justice Administration – Adjudication) of the Act.

(1) Where a child is found to have committed an offence, the powers conferred by this section shall be exercisable by the Court before which the case is brought, and the Court shall‐

(a) exercise those powers if it is satisfied, having regard to the circumstances of the case, that their exercise would be desirable in the interest of preventing the commission by the child of any further offence; and
(b) where it does not exercise those powers, state that it is not satisfied as mentioned in paragraph (a) of this Subsection and why it is not so satisfied.

(2) The powers conferred by this section on the Court are as follows‐
(a) with the consent of the parent or guardian of the child, to order the parent or guardian to enter into a recognisance to take proper care of the child and exercise proper control over the child; and

(b) if the parent or guardian of the child refuses to give consent and the Court considers the refusal unreasonable, to order the parent or guardian to pay a fine not exceeding ten thousand naira.

(3) An order under this section shall not require the parent or guardian to enter into a recognisance‐
(a) for an amount exceeding thirty thousand naira; or
(b) for a period exceeding three years or, where the child will attain the age of eighteen years in a period shorter than three years, for a period not exceeding that shorter period.

(4) The court has the power to declare the recognisance entered into by virtue of Subsection (2) of this section to be forfeited, and adjudge the parent or guardian of the child to pay the whole sum in which is bound or part of the sum and the payment of the sum so adjudged to be forfeited shall be enforced by means of a warrant of distress to be levied against the property of the parent or guardian.

(5) Section 225 of this Act shall apply for the purposes of subsection (2) (b) of this section as if the refusal to enter into a recognisance were a summary offence punishable by a fine not exceeding ten thousand Naira, and a fine imposed under that subsection shall be deemed for the purpose of any enactment to be adjudged to be paid by virtue of a conviction.

(6) In fixing the amount of a recognisance under this section, the Court shall take into account, among other things, the means of the parent or guardian of the child so far as they appear or are known to the Court and this subsection applies whether or not taking into account the means of the parent or guardian has the effect of increasing or reducing the amount of the recognisance,

(7) A parent or guardian may appear to‐
(a) the Court at the High Court level against an order under this section made by the Court
at the magistrate level; and
(b) the Court of Appeal against an order under this section made by the Court at the High Court level.

(8) A Court may vary or revoke an order made by it under this section if, on the application of the parent or guardian, it appears to the Court, having regard to any change in the circumstances since the order was made, to be in the interest of justice to do so.