Towards a Justiciable Right to Basic Education in Nigeria: A Commentary on the Decision of the Court on the Legal Defence and Assistance Project (LEDAP)v Federal Ministry of Education
DOI:
https://doi.org/10.17159/1727-3781/2025/v28i0a14639Keywords:
Right to basic education, Justiciability, Human Rights, NigeriaAbstract
The right to basic education is a fundamental human right which is recognised globally for its vital role in the transformation of individuals and society in general. The right to basic education is enshrined in the Nigerian Constitution, 1999 as amended as a Directive Principle of State Policy. The right is also recognised in various international and regional instruments of which Nigeria is a signatory. However, unequal access to quality education, inadequate infrastructure and teacher shortages have continued to hamper the enjoyment of this right. The failure of the government to ensure the adequate enjoyment of this right underscores the importance to ensuring accountability of a legally enforceable right to education in Nigeria. The Legal Defense and Assistance Project (LEDAP) v Federal Ministry of Education case presents an opportunity for the courts to once again provide clarity on the nature of the right to basic education. This case marks a significant judicial intervention in the enforcement of the right to basic education as enshrined in the Nigerian Constitution, legislation and international human rights instruments. The article examines the court's interpretation of the constitutional and legislative provisions on the right to basic education, highlighting the court's rationale in affirming the justiciability of the right to basic education. Furthermore, the article examines the broader effect of the decision on the government's commitment to fulfilling its educational obligations in the Constitution and under international law, highlighting the role of the judiciary in enforcing the educational right. The paper argues that while the court's decision marks a significant step towards realising the right to basic education, there is a need for sustained advocacy and government accountability for the right to basic education to become a tangible reality for children in Nigeria.
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References
Bibliography
Literature
Adebayo F "Preference for Private Secondary School in Nigeria" 2009 International Journal of Education Science 1-6 DOI: https://doi.org/10.1080/09751122.2009.11889969
Adigun M "The Implementation of the African Charter on Human and Peoples' Rights and the Convention on the Rights of the Child in Nigeria: The Creation of Irresponsible Parents and Dutiful Children" 2019 J Legal Plur 320-349 DOI: https://doi.org/10.1080/07329113.2019.1675988
Akinbola BR "The Right to Inclusive Education in Nigeria: Meeting the Needs and Challenges of Children with Disabilities" 2010 AHRLJ 457-477
Akingbehin EO "The Justiciability of the Right to Free Basic Education Conundrum in Nigeria, South Africa and India: From Obstacle to Miracle" 2021 Acta Universitatis Danubius Juridica 60-85
Egede E "Bringing Human Rights Home: An Examination of the Domestication of Human Rights Treaties in Nigeria" 2007 JAL 249-284 DOI: https://doi.org/10.1017/S0021855307000290
Epp CR The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective (University of Chicago Press Chicago 1998) DOI: https://doi.org/10.7208/chicago/9780226772424.001.0001
Hershkoff H and McCutcheon A "Public Interest Litigation: An International Perspective" in McClymount M and Golup S (eds) Many Roads to Justice: The Law Related Work of Ford Foundation Grantees Around the World (Ford Foundation New York 2000) 283-296
International Commission of Jurists Courts and the Legal Enforcement of Economic, Social and Cultural Rights (International Commission of Jurists Geneva 2008)
McConnachie C and Brener S "Litigating the Right to Basic Education" in Jason Brickhill (ed) Public Interest Litigation in South Africa (Juta Cape Town 2018) 281-302
Modisaotsile BM "The Falling Standard of Basic Education in South Africa" March 2012 African Institute of South Africa Policy Brief 1-7
Nolan A and Skelton A "Turning the Rights Lens Inwards: The Case or Child Rights-Consistent Strategic Litigation Practice" 2022 HR L Rev 1-20 DOI: https://doi.org/10.1093/hrlr/ngac026
Nwauzi LO and Geoge-Ibikiri S "The Right to Education in Nigeria: An Appraisal" 2018 African Journal of Law and Criminology 12-21
Onuora-Oguno AC Development and the Right to Education in Africa (Palgrave Macmillan Cham 2019) DOI: https://doi.org/10.1007/978-3-319-90335-4
Open Society Justice Initiative Strategic Litigation Impacts: Insights from Global Experience (Open Society Foundations New York 2018)
Skelton A "Leveraging Funds for School Infrastructure: The South African 'Mud Schools' Case Study" 2014 International Journal of Educational Development 59-63 DOI: https://doi.org/10.1016/j.ijedudev.2014.07.008
Taiwo EA and Govindjee A "The Implementation of the Right to Education in South Africa and Nigeria (Part 1)" 2012 Obiter 93-120
Veriava F Realising the Right to Basic Education: The Role of the Courts and Civil Society (Juta Cape Town 2019)
Case law
India
Mohini Jain v State of Karnataka 1992 AIR 1858
Unni Krishna v State of Andhra Pradesh 1993 AIR 217
Nigeria
Attorney General of Ondo State v Attorney General of the Federation 1983 JELR 46418 (SC)
Inspector-General of Police v All Nigeria Peoples Party (Court of Appeal of Nigeria, Abuja Judicial Division) appeal no CA/A/193/M/05 of 11 December 2007
Legal Defence and Assistance Project (LEDAP) GTE and LTD v Federal Ministry of Education (FHC/ABJ/CS/978/15) [2018] NGFCHC 1 (17 April 2018)
Okojie v Attorney General of Lagos State 1981 2 NCLR 350
Registered Trustees of the Social Economic Rights Action Project (SERAP) v Nigeria Ruling, Suit No ECW/CCJ/APP/08/09 and RUL No ECW/CCJ/APP/07/10 (ECOWAS) of 10 December 2010)
South Africa
Centre for Child Law v Government of the Eastern Cape Province (Eastern Cape High Court, Bhisho) (unreported) case number 504/10 of 2010
Centre for Child Law v Minister of Basic Education 2013 3 SA 183 (ECG)
Equal Education v Minister of Basic Education 2021 1 SA 198 (GP)
Linkside v Ministers of Basic Education (3844/2013) [2015] ZAECGHC 36 (26 January 2015) DOI: https://doi.org/10.1111/clr.35_12679
Minister of Basic Education v Basic Education for All 2016 4 SA 63 (SCA)
Section 27 v Minister of Education 2013 2 SA 40 (GNP) DOI: https://doi.org/10.1016/S0970-2199(13)00022-2
Tripartite Steering Committee v Minister of Basic Education 2015 5 SA 107 (ECG)
Legislation
India
Constitution of India, 2019
Nigeria
African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act 2 of 1990
Child Rights Act, 2003
Compulsory, Free Universal Basic Education Act, 2004
Constitution of the Federal Republic of Nigeria, 1979
Constitution of the Federal Republic of Nigeria, 1999 (as amended)
Universal Basic Education Act, 2004
South Africa
Constitution of the Republic of South Africa, 1996
International instruments
African Charter on Human and Peoples' Rights (1981)
African Charter on the Rights and Welfare of the Child (1990)
African Youth Charter (2006)
Convention on the Rights of the Child (1989)
International Covenant on Economic, Social and Cultural Rights (1966)
Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa (2003)
Supplementary Protocol a/sp.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol a/p.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English version of the said Protocol (2005)
Report of the Special Rapporteur on the Right to Education, Kishore Singh: Justiciability of the Right to Education UN Doc A/HRC/23/35 (2013)
Internet sources
African Commission on Human and Peoples' Rights 2004 Pretoria Declaration on Economic, Social and Cultural Rights in Africa https://achpr.au.int/sites/default/files/files/2021-08/achprinstrdeclapretoriaescrights2004eng.pdf accessed 22 February 2022
African Union 2019 Concluding Observations and Recommendations of the African Committee of Experts on the Rights and Welfare of Child to the Government of Federal Republic of Nigeria on Its Periodic Report on the Implementation of the African Charter on the Rights and Welfare of the Child https://www.acerwc.africa/sites/default/files/2022-09/Nigeria%202-3rd-periodic%20Concluding%20observation.pdf accessed 28 of October 2024
LexisNexis 2024 In Pari Materia Definition https://www.lexisnexis.co.uk
/legal/glossary/in-pari-materia accessed 23 September 2024
Redress 2022 Evaluating the Impact of Strategic Litigation Against Torture: Practice Note 9 https://redress.org/wp-content/uploads/2022/12/Practice-Note_Evaluation-of-Strategic-Impact_EN_WEB-1.pdf accessed 15 April 2024
Reliefweb 2009 ECOWAS Court Says Nigerians Have a Legal Right to Education https://reliefweb.int/report/nigeria/ecowas-court%C2%A0says-nigerians-have-legal-right-education# accessed 18 May 2020
Umana V 2024 Judicial Precedent and Hierarchy of Courts in Nigeria (Presentation Slides) https://papers.ssrn.com/sol3/papers.cfm?abstract_ DOI: https://doi.org/10.2139/ssrn.4759289
id=4759289 accessed 7 July 2024
United Nations International Children's Emergency Fund 2012 Global Initiative on Out-of-School Children http://www.uis.UNESCO.org/
Library/Documents/out-of-school-children-nigeria-country-study-2012-en.pdf accessed 1 August 2022
United Nations International Children's Emergency Fund 2000 Defining Quality Education https://www.right-to-education.org/sites/right-to-education.org/files/resource-attachments/UNICEF_Defining_Quality_Education_2000.PDF accessed 5 June 2024
United Nations International Children's Emergency Fund 2023 Nigeria Education Facts Sheets: Analyses for Learning and Equity Using MICS Data https://www.unicef.org/nigeria/media/9211/file/Nigeria%20Education
%20Fact%20Sheets.pdf accessed 4 June 2024
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