It has been widely reported that a Federal High Court in Abuja headed by Justice John Tosho on Wednesday declared free and compulsory basic education up to Junior Secondary School as an enforceable right of every Nigerian child.
According to the report, the suit was filed by a civil society group, the Legal Defence and Assistance Project (LEDAP). According to Justice John Tosho, the federal and state governments had constitutional duties to provide adequate funding for the free education scheme. The court further held that failure of any government at both the state and federal levels to fund the scheme would constitute a breach of the Constitution of the Federal Republic of Nigeria.
In its judgment, the court observed that ordinarily, the right to free education in section 18(3)(a) of the 1999 Constitution (as amended) was not enforceable like all other rights provided for in the Chapter 2 of the Constitution; but however, held that the Compulsory, Free Universal Basic Education Act, of 2004, enacted by the National Assembly had elevated the right to an enforceable status. According to the court, 'by the combined effect of section 18(3)(a) of the 1999 Constitution and section 2 (1) of the Compulsory, Free Universal Basic Education Act, 2004, the right to free and compulsory primary education and free junior secondary education for all qualified Nigerian citizens are enforceable rights in Nigeria.
This is a very welcome development. We sincerely hope that the appellate courts will uphold this landmark judgment.
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