Realising the right of access to basic education in Nigeria : beyond the rhetoric

Abstract

he state of access to basic education in Nigeria has been abysmal and worrisome in recent times. Close to 10 million children are said to be out of school in Nigeria out of the over 50 million of the world’s out of school children. Several factors contribute to these non-encouraging statistics. Increasing attacks on children in school areas and the apparent rejection of the style of education make the situation of basic education in Nigeria pathetic. Despite the gloom, successive governments in Nigeria all claim to be making a substantial input into reversing the state of basic education, with all efforts appearing to be mere rhetoric. On this basis, the thesis advances the recognition of basic education as a fundamental right in Nigeria as a necessary shift from the present situation of its recognition as a mere directive objective of state principle. It examines the role that national and international laws can play in aiding the enhancement of access to quality basic education. In addition, it examines both legal and non-legal institutions that are able to assist in the quest for enhancing access to basic education. To achieve this, the thesis traces the history and philosophy of education, generally, and particularly in Nigeria. It examines the development of both law and policy from the pre-colonial, colonial and post-colonial eras. Besides the challenges of policy and law, cultural, ethical and corruption pitfalls are identified and discussed as major inhibitors of access to basic education. The thesis further analyses the budgetary challenges and argues for enhanced funding of the education sector, with the attendant political will to curb corruption. The thesis is grounded in the triad of theories, namely, the classical, deliberative and struggle theories, to advance the need for the fundamental nature of basic education and the need to keep the discourse within the judicial sphere. The theories are further grounded on the assumption, among others, that the court and strengthened institutions can aid the realisation of access to basic education. Furthermore, the thesis looks, beyond the horizon of Nigeria particularly to South Africa and India, with the aim of identifying how the judiciary and national human rights commissions have approached the issue of basic education. In discussing basic education, vulnerable groups, such as the girl child and physically-challenged child, are also examined. In conclusion, the thesis found that the law is a valid tool in the quest for eliminating challenges that have kept access to basic education in Nigeria mere rhetoric. It therefore recommends that there is a need to review the legal framework of institutions such as the Universal Basic Education Commission, the Teachers’ Registration Council of Nigeria, the National Human Rights Commission of Nigeria and the judiciary, among several other institutions. It encourages further co-operation and synergy among institutions, particularly between non-governmental organisations, represented by the Nigerian Bar Association.