Section 46 Child’s Right Act
Section 46 Child’s Right Act 2003 is about Disclosure of whereabouts, etc. of children who may be in need of emergency protection. It is under Part IV (Protection of Children) of the Act.
(1) Where it appears to a court making an emergency protection order that adequate information as to the whereabouts of a child‐
(a) is not available to the applicant for the emergency protection order; or
(b) is available to another person who is not the applicant, the Court may include, in the order, a provision requiring that other person to disclose, if asked to do so by the applicant, any information that he may have as to the whereabouts of the child.
(2) No person shall be excused from complying with a requirement under subsection (1) of this section on the grounds that complying might incriminate him or his spouse of an offence, but a statement or admission made in compliance with the requirement shall not be admissible in evidence against either of them in proceedings for an offence, other than perjury .
(3) An emergency protection order may authorize the applicant to enter premises specified by the order and search for the child with respect to whom the order is made, and the Court may, if satisfied that there is reasonable cause to believe that there may be another child on those premises with respect to whom an emergency protection order ought to be made, make an order authorizing the applicant to search for the other child on those premises.
(4) Where‐
(a) an order has been made under subsection (3) of this section;
(b) the child concerned has been found on the premises; and
(c) the applicant is satisfied that the grounds for making emergency protection order exist with respect to the child, the applicant shall notify the Court, accordingly.
(5) A person who willfully obstructs a person exercising the power of entry and search under subsection (3) of this section commits an offence and is liable on summary conviction to a fine of twenty thousand naira or imprisonment for a term of three months or to both such fine and imprisonment.
