Published on June 3, 2016
1. Folorunsho, Ahmad Hussein PhD Researcher, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. Imam-Tamim, Muhammad Kamaldeen PhD Researcher, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. Abdulraheem, Taofeeq Abolaji PhD Researcher, Faculty of Shar’ia and Law, University Sains Islam Malaysia. THE CHILDREN’S RIGHT TO EDUCATION IN NIGERIA: CHALLENGES AND SOLUTIONS
2. INTRODUCTION Right to education is one of the fundamental rights recognised and guaranteed in international, regional instruments especially CRC. Nigeria is a signatory to most of the human rights instruments that guarantee right to education. Notwithstanding, Nigeria still remains top among the countries with highest out-of- school children.
3. CHILDREN’S RIGHT TO EDUCATION UNDER THE NIGERIAN LAW The right to education has persistently been excluded from among the fundamental rights entrenched in the Nigerian Constitution including the 1999 version. Provision of education is only recognised as a directive of state policy in Nigeria even though it was lifted from the ‘socioeconomic rights’. However, the Child Rights Act considers education as absolute right of every child especially at the elementary level. Although the Act prescribes punishment for erring parents and guardians, it remains silent on any violation on the part of the Government
4. CHALLENGES OF CHILDREN RIGHT TO EDUCATION IN NIGERIA • Inadequacy of education laws • Non recognition of education right under Chapter IV of Constitution • Non-justiciability of chapter II where education obligation resides • Inclusion of education matter under residual list • Lack of judicial activism LEGAL CHALLENGES
5. CHALLENGES OF CHILDREN RIGHT TO EDUCATION IN NIGERIA • Lack of political willPOLITICAL CHALLENGE • Inadequate financing of education sector FINANCIAL CHALLENGE CORRUPTION • Cultural and religious SOCIO- CULTURAL AND RELIGIOUS CHALLENGES
6. TOWARDS RECOGNITION OF EDUCATION RIGHT AS FUNDAMENTAL RIGHT IN NIGERIA Amendment of the existing Constitution • Moving education right from chapter II to IV • Amending section 6 (6) (c) - Justiciability • Move education to exclusive legislative list CRA to confer right on child to claim his education right from the government Enforcement mechanisms should be strengthened
7. TOWARDS RECOGNITION OF EDUCATION RIGHT AS FUNDAMENTAL RIGHT IN NIGERIA Adequate funding Positive judicial activism Separation of the professional office of Attorney-General from the political office of minister for justice. Provision of adequate socioeconomic infrastructures
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