By Oladele Kehinde Emmanuel

INTRODUCTION

UNESCO submitted that, over 130 countries have executed national closures, impacting over 80% of world’s student population. Many countries have implemented localized school closures and, should the closures become nationwide, millions of additional learners will experience education upheaval. Onthe 20th March 2020, the Federal government authorized all academies to Close down instantly as a precautionary measure intended for curbing the spread of COVID-19 which has metamorphosed into universal threat. While some institutions of higher learning have finished their first semesters examinations, some are yet to conduct test, even, some are yet to be matriculated .The majority of private institutions commenced an online learning, opened, and later finished to have an edge ahead of the public students as a result of the lockdown substantiated by the Assu strive with the federal government. Educational standard has deteriorated as the conundrums has getting to its apex and students have limited or no access to alternative learning platforms provided by the government. Meanwhile,  Nelson Mandela had said “ Education is the most powerful weapon which you can use to change the world” and Benjamin Franklin Stressed further that “ An investment in knowledge pays the best interest”  the duo, observations slated  erstwhile had once and now explained the importance of education to the world but how be it that this country educational  standard is at flux and moribund.

Perhaps, you are thinking of glancing through this piece with a bored yawn, I implore you not to. All ideas are literally interpreted and expended. kindly sit back for this article will not end up in a banal expression. This writer has exquisitely examine the impact of covid -19 being as a  force majeure to breaching of contract between the governed and the government, ruler and the ruled( social contract theory ) with neutral perspective of educational situation Of Nigeria. Truly, the government has failed, and in several aspects breached the contract between them and the citizen of the federal republic of Nigeria in terms of Security, Health Maintenance, Employment, Commerce and at most education. And from the literal rule of interpretation, I have borrowed these terms to drive at what this article hinges on; Education, Contract, Force Majeure and Social Contract Theory.

 

Observing Education as defined and with Regulations

In 1974UNESCO’sHas made Some Recommendations concerning Education for International Understanding, Co-operation and Peace and Education relating to Human Rights and Fundamental Freedoms. 

Article 1States and

(a) defines education as “the entire process of social life by means of which individuals and social groups learn to develop consciously within, and for the benefit of, the national and international communities, the whole of their personal capabilities, attitudes, aptitudes and knowledge”. And even  the Convention on the Rights of the Child (1989),dedicated  3 articles (articles 28-30) to education. The Article 28 of the Convention states as follow-“states parties have the obligations to respect, protect, and fulfil each child’s right to education, concentrating upon the duties of State Parties in relation to the formation of educational systems and in ensuring access thereto.” Article 28 states that:

  1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:
    1. Make primary education compulsory and available free to all;
    2. Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;
    3. Make higher education accessible to all on the basis of capacity by every appropriate means;

 

  1. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the ELIMINATION OF IGNORANCE AND ILLITERACY THROUGHOUT THE WORLD AND FACILITATING ACCESS TO SCIENTIFIC AND TECHNICAL KNOWLEDGE AND MODERN TEACHING METHODS. In this regard, Nigeria has a unique account to submit. Since all legislations are available, why is Nigeria still lagging despite the humongous vibrant students blessed with, in the country?

Besides, African Charter on the Rights and Welfare of the Child (2001) Article 11.The Nigerian constitution (Grundnorm) in Chapter II of the 1999 explicitly provided the fundamental objectives and directive principle of state policy. The  provisions of the 1999 Nigerian Constitution (as amended) stated in section 18 (1) that:

Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.

  • Government shall promote science and technology
  • Government shall strive to eradicate illiteracy; and to this end Government shall as and when practicable provide
  1. free, compulsory and universal primary education;
  2. free secondary education;
  3. free university education; and
  4. free adult literacy programmes.

The implication of this provision in the Constitution is that the government is mandated to ensure that there are educational opportunities for its citizens. This is in attempt to eradicate illiteracy which has plagued our nation. The constitution goes further to state that in a bid to achieve this policy (eradicate illiteracy), education will not just be free but also compulsory. Although afore section failed acknowledgement by the federal government, nevertheless notcounteract the validity of  contractrules to be abided by, by the government to citizen, that education is free and mandatory for all. In the light of this, this article will emphasize education as being a right too.Child Rights Act, 2003 Section 5 and UDHR, 1948, article 26(1) also reiterated on education.

 

IS THERE A CONTRACT BETWEEN THE GOVERNMENT AND THE GOVERNED?

The term Contract has been defined by the Blacklaw dictionary, ninth edition, n.(14c) thus as;

An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law(a binding contract). Merriam Websterdictionary also defined it as a legal  agreement between people, companies, etc.Perhaps, you have thought that the word “contract” is nothing related here n this discourse, note this that, the civil society, by popular sovereignty voted in election for their representatives to represent them in parliaments’ and the representative presented his manifestos of what to do in service, ordinarily this is a contract and the failure to fulfill amounts to breaching of contract and could be recalled for the deeds.

Know this from the origin ofSocial Contract theory, the western political dogma, agreatlysignificant modus operandi held that the state subsists, and has it powerscommonly established or circumscribed by the citizens rational agreement, between themand their rulers.

In the 17th and 18th centuries—The prominent preachers of the theory are Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–78). Teaching that social contract is the means by which sophisticated communities and government, developed from a stateless anarchy, or a “state of nature.”state of nature was brutal and nasty so, individuals conceded to form new system where original  rights and freedoms were relinquished to  a central government based on equality. Locke’s version reiterated that, a central authority, educed through a social contract, is eventually necessary to better protect those rights. The power of the authority is limited to that which is necessary to guarantee the equal fundamental rights of all, and revolt against it is justified if it fails in that basic purpose. Because of this, Do Nigerians need to revolt? No. We want a change!. Rousseau opined that state of nature is somewhat serene and habitable, but a social contract becomes essential to obliterate the dispute that inescapably arises as society develops and individuals become dependent on others to meet their needs.This Rousseau’s view authenticates that the polysemous word, “contract “has fledged it’s wings to all phases in administration of a state, but recall, this article is majorly within the purview of education.

IS NIGERIA GOVERNMENT ACTIONS NOW QUALIFY TO BE A FORCE MAJEURE PRETEXT OR NOT?

Definition And Origin Of Force Majeure.

Force majeure refers to a clause that is included in contracts to remove liability for natural and unavoidable catastrophes that interrupt the expected course of events and prevent participants from fulfilling obligations.1. Also, a superior or irresistible force. 2. An event or effect that cannot be reasonably anticipated or controlled.Force majeure is a French term that literally means “greater force.” It is connected to the notion of an act of God, which highlights a circumstancefor which none of the parties can be grippedaccountable for breaching , examples are Land tumor, Earthquakes, Erosion, Hurricane or a Tornado and Pandemic. Force majeure furthermore involves human actions, like armed conflict. Principally,  for any circumstances to make up force majeure, these are the feature—-unforeseeable, external to the parties of the contract, and unavoidable. It emerged from the French civil law and In a common law system practiced in  the United States and United Kingdom, force majeure clauses are acceptable but must be more explicit about the events that would. Now, the universe is conscious  of natural threats earlier ignorant of, Covid -19. Similarly, human being can do and undodo emergence of force majeure such as, nuclear, cyber, climatic disorder. But, this discourse force majeure is an act of God.

FORCE MAJEURE EXAMPLES FROM THE ORIGINAL CONTEXT

If an avalanche destroys a supplier’s factory in the French Alps, causing long shipment delays and leading the client to sue for damages. The supplier might employ a force majeure defense arguing that the avalanche was an unforeseeable, external, and irresistible even. Or Mr A. being a carpenter has signed a contract with Mr B, the landlord-house owner that he would come and do the roofing of the new constructed building, if it happened on the day that, there was a heavy downpour which made Mr A not to show up,  Mr A, on this note, might also employ a force majeure defence.

It is clarion clear that The International Chamber of Commerce has attempted to define the meaning of force majeure but has no resolution. Still, the cause of this term must be external to both parties, unforeseeable, and unavoidable.Nigeria, has never thought of this destructive pandemic: Covid -19. But unfortunately  come unexpectedly and made many sectors of government, at most Educational sector(Academia) of Nigeria meaningless and worthless. This  has proven it as a force majeure.

You have been taken far even into the concepts: contract, education, force majeure and social contract theory. However, it’s centered on further elucidation. The erstwhile plenteous explanation is aimed at giving a background understanding of the concepts before delving into the concise purport of this article. Covid-19 pandemic and the alleviating regulations taken by this nation have necessitated significant disruptions to education, the most to all students ( The Federal and States University Students of the  Republic Of Nigeria ). Also, Corporations ways of operations were fundamentally changed. Amid these disruptions,Organizations, Businesses and Companies have been vigorously engaged in analyzing the hazard, drawbacks necessitated by covid -19 and defenses relating to contractual breaches effected, even seriously enacting consistent mitigating regulations.

 

Conclusion and Recommendation

Covid -19 has passed the test of being a force majeure asintricately observed by this writer. However,prominent freedom activist, Malcom X, said, “ Education is our passport to the future, for tomorrow belongs to the people who prepare for it today”Education is truly the passport needed for successful future, for this  to be manifests in Nigeria the imbroglio between the federal government ( law makers ) and Assu should be settled, by honoring the agreement made by the negotiation committees with the Assu. The contract should no more be breached in the pretext of Covid -19  lock down. The civil society, which comprises of Assu and their children are grossly disappointed, nevertheless, the government should cure this ad nause before unexpected happens. The raised motion in the National Assembly, that the Public University should be privatized is meant to stop the poor children from being educated,therefore, it must be extinguished. Critically notice that, although,the National Assembly has not made a precise law that states education as one of the fundamental human rights, as(item 18a) Contained In Chapter Il Of The 1999 Constitution. And section 4(2) of the Nigerian 1999 Constitution [as amended]but international laws do,despite this lacuna, privatization of higher citadel of learning will lead to denying the less privileged access to education. Let the right to education be guaranteed for all Nigerians without discrimination.

Kofi Annan,(The Former Secretary-General of the United Nations) advises: Without education, we cannot see beyond ourselves and our narrow surroundings to the reality of global interdependence. Without education, we cannot realize how people of other races and religions share the same dreams, the same hopes. Without education, we cannot recognize the universality of human aims and aspiration.These have reiterated how substantive education is in Nigeria, how it was caused to halt under the force majeure(Covid-19pretext). The resolutions and renovations are  expected in all sectors subsisting  in Nigeria, nevertheless, the government should give education their uttermost priority.

 

 

Oladele Kehinde Emmanuel.

LLB, Part l, Ahmadu Bello University, Zaria.

Oladelekehindeemmanuel2405@gmail.com.

https://www.linkedin.com/in/oladele-kehinde-emmanuel-b176891b5

 

References.

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Retrieved from: Merriam Webster dictionary definition of contract. On January 04,2021

Retrieved from: A clause stating ‘the usual force majeure clauses to apply’ has been held void for uncertainty (Fairclough, Dodd & Jones Ltd v J.H. Vantol Ltd [1957] 1 W.L.R. 210, 230-231) on December 13, 2020.

Retrieved from: court of Cassation, 1st chamber, decision no. 56, 24/10/1958, Baz, 1958, p. 94, cited in sader publication, Volume on Torts, 2008, p. 165, para. On December 13, 2020.

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Retrieved from: International Chamber of Commerce. 2020. Model Contracts & Clauses. Available on December 13, 2020.

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Retrieved from:https://www.adamsdrafting.com/do-we-really-need-the-defined-term-contract/on December 13,2020.

Retrieved from:https://www.britannica.com/story/the-social-contract-and-philosophy.  December 13, 2020.

Retrieved from:https://www.alhewar.com/Wazir.html.On December 13, 2020.

Retrieved from:https://www.investopedia.com/terms/f/forcemajeure.asp. On December 13, 2020.

Retrieved from:https://www.google.com/amp/s/businessday.ng/insight-2/article/covid-19-pandemic-and-the-doctrines-of-force-majeure-and-frustration-of-contract-impact-on-commercial-contracts/amp/on December 13, 2020.

The Nigeria 1999 Constitution as amended.

Retrieved from:https://en.wikipedia.org/wiki4, 2021tion_in_Nigeria. On January 4, 2021.