CHAPTER 15: - Right to Education: - Article 17
1. Constitutional, Legislative and Judicial Measures
In addition to the main poverty reduction strategy paper NEEDS and the Seven Point Agenda of the Federal Government of Nigeria, the following are the main documents on national laws, policies and key programmes in the education sector:
- The 1999 Constitution
- Draft National Policy on Special Needs Education/Implementation Guidelines,
2012
- Training Manual on Adaptation and Implementation of Inclusive Education in
Nigeria, 2010
- A Strategic Framework for the Revitalization of Adult and Youth Literacy in Nigeria, 2012.
- Universal Basic Education (UBE) Act 2004
- Child’s Right Act 2003
- National Child Policy 2007
- National Policy for Integrated Early Childhood Development in Nigeria (2007)
- National Minimum Standard for Early Child Care Centres in Nigeria (2007)
- National Gender Policy on Education 2007
- National Framework on Girls’ and Women Education, 2012
- Guidelines for Implementing National Policy on Gender in Basic Education, 2007
- National Policy on Gender in Basic Education, 2007
The policies/laws seek to ensure the access of all children of primary and junior secondary school age (6-14+ years) in Nigeria to free, compulsory and universal basic education. This policy objective of free and compulsory education including skill acquisition fits well into employment and job creation objectives, the overall national development strategy on the free mid-day meal will no doubt impact positively on the health and nutrition objectives. Governments in Nigeria (Federal, State and Local) have primary responsibility to fund and manage basic education; with Federal Government playing the intervention/assisting role. The Agencies involved include: the Universal Basic Education Commission (UBEC), State Universal Basic Education (SUBEB), Local Government Education Authority, private sector and development partners.
The UBE ACT prescribes minimum standard of basic education throughout the country and UBEC is expected to monitor, supervise and coordinate the implementation of specific programmes for the attainment of compulsory, free and universal basic education. Relative to health and nutrition, basic education has the highest budgetary allocation and is most essential in poverty and deprivation reduction. This is because of the linkages between education, health, improved sanitation, access to information and improved knowledge of child rights and protection. Thus it is a very effective means of addressing the MDG goals and targets relating to children.
Though the Nigerian Constitution does not directly provide for the right to education, yet section 18 of the Constitution on educational objectives obligates the government to direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.
(2) Government shall promote science and technology.
(3) Government shall strive to eradicate illiteracy, and to this end Government shall as
and when practicable provide:
a) free, compulsory and universal primary education;
b) free secondary education;
c) free university education; and
d) free adult literacy programme.
Section 15 of the Child Rights Act, 2003, every child has the right to free, compulsory and universal basic education and it shall be the duty of the Government in Nigeria to provide such education.
(2) Every parent or guardian shall ensure that his child or ward attends and completes his –
a) Primary school education; and
b) Junior secondary education.
(3) Every parent, guardian or person who has the care and custody of a child who has completed his basic education, shall endeavour to send the child to a senior secondary school, except as provided for in Subsection (4) of this section.
(4) Where a child to whom Subsection (3) of this section applies is not sent to senior secondary school, the child shall be encouraged to learn an appropriate trade and the employer of the child shall provide the necessaries for learning the trade.
(5) A female child who becomes pregnant, before completing her education shall be given the opportunity, after delivery, to continue with her education, on the basis of her individual ability.
The Universal Basic Education Act 2004 and strategic plan provides commitment to compulsory and free education.
The National vision 2020 for Nigeria is to become an emerging economy model, delivering sound education policy and management for public good. Nigeria is also on course to meet the target of Millennium Development Goal that all boys and girls complete primary education i.e. 100% by 2015.
Government also collaborates with some international agencies like UNICEF, JICA, UNESCO, DFID, USAID, WHO and other development partners for the promotion of education in Nigeria. Their intervention and contributions are in the following areas: Manpower training; Supply of textbooks and equipment; Development of new institutions; Curriculum Development; Construction/refurbishing of classrooms, libraries, laboratories toilets etc; Provision of computers and other related facilities;
Research and Giving scholarship among others.
2. Policy Measures
The National Policy on Education 2004 provides for the following: - philosophy and goals of education in Nigeria; early childhood/pre-primary education; basic education; primary education; secondary education; mass literacy, adult and non-formal education; science, technical and vocational education; tertiary education; open and distance education; special education; educational services; planning, administration
and supervision of education; financing education.
Challenges/Opportunities
The critical challenge in the Education sector is that of adequacy of funding to address to numerous problems facing tertiary, secondary and primary education, particularly adequate facilities, laboratories, equipments to cater for the size of the students and pupils in the sector. This requires incremental budgetary allocation from the current 8.7% of the annual budget to the UNESCO standard of 26%. This low level of fiscal allocation to the sector which is below the UNESCO threshold of the total budget certainly affect the implementation of government policy on education in the country and in particular the Universal Basic Education since its inception.
Very recent opportunity to address the plight of the Almajirai children that are largely out of school is the Constitution of a National Implementation Committee on Almajirai Education
Programme after the foundation laying stone of the Almajiri Model School launch in Jigawa State on December, 2010. The Committee has come out with the following documents to
address the Almajiri child education: -
o A Strategic Plan of Action (short term 2011-2015; long term 2020);
o Operational guidelines complementing the Almajiri education programme;
o The workplan for the integration of 400,000 Almajirai and distribution of model schools.
The above documents aim at addressing the integration of the more than 9,523,699 Almajirai across the country. A breakdown of this figure shows that: North-East has 2,657,767 pupils; North-West – 4,903,000 pupils; North-Central – 1,133,288; South-West- 809,317; South – East – 3,827; South-South – 18,500.
The Strategy for the Acceleration of Girls’ Education in Nigeria seeks to achieve gender parity in access to, retention, completion and achievement in basic Education by 2015 in Nigeria.
Girls Education Programme
To continue to address the high rate of girls who are out of school, the construction of Junior Girls’ Model Secondary School was initiated in 13 States of the Federation. The States are: Adamawa, Akwa Ibom, Bayelsa, Cross River, Delta, Ebonyi, Ekiti, Jigawa, Kaduna, Nasarawa, Rivers, Yobe and Zamfara.
1. Constitutional, Legislative and Judicial Measures
In addition to the main poverty reduction strategy paper NEEDS and the Seven Point Agenda of the Federal Government of Nigeria, the following are the main documents on national laws, policies and key programmes in the education sector:
- The 1999 Constitution
- Draft National Policy on Special Needs Education/Implementation Guidelines,
2012
- Training Manual on Adaptation and Implementation of Inclusive Education in
Nigeria, 2010
- A Strategic Framework for the Revitalization of Adult and Youth Literacy in Nigeria, 2012.
- Universal Basic Education (UBE) Act 2004
- Child’s Right Act 2003
- National Child Policy 2007
- National Policy for Integrated Early Childhood Development in Nigeria (2007)
- National Minimum Standard for Early Child Care Centres in Nigeria (2007)
- National Gender Policy on Education 2007
- National Framework on Girls’ and Women Education, 2012
- Guidelines for Implementing National Policy on Gender in Basic Education, 2007
- National Policy on Gender in Basic Education, 2007
The policies/laws seek to ensure the access of all children of primary and junior secondary school age (6-14+ years) in Nigeria to free, compulsory and universal basic education. This policy objective of free and compulsory education including skill acquisition fits well into employment and job creation objectives, the overall national development strategy on the free mid-day meal will no doubt impact positively on the health and nutrition objectives. Governments in Nigeria (Federal, State and Local) have primary responsibility to fund and manage basic education; with Federal Government playing the intervention/assisting role. The Agencies involved include: the Universal Basic Education Commission (UBEC), State Universal Basic Education (SUBEB), Local Government Education Authority, private sector and development partners.
The UBE ACT prescribes minimum standard of basic education throughout the country and UBEC is expected to monitor, supervise and coordinate the implementation of specific programmes for the attainment of compulsory, free and universal basic education. Relative to health and nutrition, basic education has the highest budgetary allocation and is most essential in poverty and deprivation reduction. This is because of the linkages between education, health, improved sanitation, access to information and improved knowledge of child rights and protection. Thus it is a very effective means of addressing the MDG goals and targets relating to children.
Though the Nigerian Constitution does not directly provide for the right to education, yet section 18 of the Constitution on educational objectives obligates the government to direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.
(2) Government shall promote science and technology.
(3) Government shall strive to eradicate illiteracy, and to this end Government shall as
and when practicable provide:
a) free, compulsory and universal primary education;
b) free secondary education;
c) free university education; and
d) free adult literacy programme.
Section 15 of the Child Rights Act, 2003, every child has the right to free, compulsory and universal basic education and it shall be the duty of the Government in Nigeria to provide such education.
(2) Every parent or guardian shall ensure that his child or ward attends and completes his –
a) Primary school education; and
b) Junior secondary education.
(3) Every parent, guardian or person who has the care and custody of a child who has completed his basic education, shall endeavour to send the child to a senior secondary school, except as provided for in Subsection (4) of this section.
(4) Where a child to whom Subsection (3) of this section applies is not sent to senior secondary school, the child shall be encouraged to learn an appropriate trade and the employer of the child shall provide the necessaries for learning the trade.
(5) A female child who becomes pregnant, before completing her education shall be given the opportunity, after delivery, to continue with her education, on the basis of her individual ability.
The Universal Basic Education Act 2004 and strategic plan provides commitment to compulsory and free education.
The National vision 2020 for Nigeria is to become an emerging economy model, delivering sound education policy and management for public good. Nigeria is also on course to meet the target of Millennium Development Goal that all boys and girls complete primary education i.e. 100% by 2015.
Government also collaborates with some international agencies like UNICEF, JICA, UNESCO, DFID, USAID, WHO and other development partners for the promotion of education in Nigeria. Their intervention and contributions are in the following areas: Manpower training; Supply of textbooks and equipment; Development of new institutions; Curriculum Development; Construction/refurbishing of classrooms, libraries, laboratories toilets etc; Provision of computers and other related facilities;
Research and Giving scholarship among others.
2. Policy Measures
The National Policy on Education 2004 provides for the following: - philosophy and goals of education in Nigeria; early childhood/pre-primary education; basic education; primary education; secondary education; mass literacy, adult and non-formal education; science, technical and vocational education; tertiary education; open and distance education; special education; educational services; planning, administration
and supervision of education; financing education.
Challenges/Opportunities
The critical challenge in the Education sector is that of adequacy of funding to address to numerous problems facing tertiary, secondary and primary education, particularly adequate facilities, laboratories, equipments to cater for the size of the students and pupils in the sector. This requires incremental budgetary allocation from the current 8.7% of the annual budget to the UNESCO standard of 26%. This low level of fiscal allocation to the sector which is below the UNESCO threshold of the total budget certainly affect the implementation of government policy on education in the country and in particular the Universal Basic Education since its inception.
Very recent opportunity to address the plight of the Almajirai children that are largely out of school is the Constitution of a National Implementation Committee on Almajirai Education
Programme after the foundation laying stone of the Almajiri Model School launch in Jigawa State on December, 2010. The Committee has come out with the following documents to
address the Almajiri child education: -
o A Strategic Plan of Action (short term 2011-2015; long term 2020);
o Operational guidelines complementing the Almajiri education programme;
o The workplan for the integration of 400,000 Almajirai and distribution of model schools.
The above documents aim at addressing the integration of the more than 9,523,699 Almajirai across the country. A breakdown of this figure shows that: North-East has 2,657,767 pupils; North-West – 4,903,000 pupils; North-Central – 1,133,288; South-West- 809,317; South – East – 3,827; South-South – 18,500.
The Strategy for the Acceleration of Girls’ Education in Nigeria seeks to achieve gender parity in access to, retention, completion and achievement in basic Education by 2015 in Nigeria.
Girls Education Programme
To continue to address the high rate of girls who are out of school, the construction of Junior Girls’ Model Secondary School was initiated in 13 States of the Federation. The States are: Adamawa, Akwa Ibom, Bayelsa, Cross River, Delta, Ebonyi, Ekiti, Jigawa, Kaduna, Nasarawa, Rivers, Yobe and Zamfara.
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