We leave in a world that faces new challenges everyday such as climate change, insecurity, corruption, poor quality of education that caught across different levels of sector in government. Education which postulates formal and informal means of adding value to a person. The aging right to education has come to stay and many people belief that, it is their right to be educated.

The educational objectives classified under part 2 of the 1999 constitution of Federal Republic of Nigeria (the constitution). Section 18 (1) of the constitution provides to the effect that government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.

Subsection (2)(3)(a)(b) and (c) states that government shall promote science and technology, government shall strive to eradicate illiteracy; and to this end government shall as and when practicable provide free, compulsory and universal primary education, free university education and free adult literacy programme. The provision is pari materia to Article 13 and 14 of International Covenant on Economic, Social and Cultural Rights (ICESCR).

The above provision only confers responsibilities on the government to do the needful for the objective to be achieved. Upon any infraction, court cannot assume jurisdiction to give audience to such claim.

This piece examined the general argument for and against the justiciability of educational objectives as a socio-economic rights embedded in the said chapter 2. The examined the reasons that influenced the makers of the Constitution to adopt the non-justiciability approach to the Directive Principles

From the wording of the aforementioned provision of the constitution, what is right to education? Can a person sue for it? Can an individual challenge the government? What is the position of court of law when it comes to educational objectives?

The Constitution of the Federal Republic of Nigeria 1999 (as amended), specifically in chapter 2 provides for Fundamental Objectives and Directive Principles of State Policy, which substantially contains socio-economic rights. However, section 6(6)(c) declared chapter 2 as non-justiciable. This is to the effect that right to education cannot be entertained by the court of law in Nigeria. Indirectly, the court of law which is an embodiment of justice has been oust court jurisdiction to hear rights that is within the ambit of chapter 2.

It should be noted that plethora of international instruments recognize right to education as a piece that determine the future of a nation. This include; African Charter on Human and Peoples Rights, the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Universal Declaration of Human Right (Article 26), among others. Although, ICCPR did not extensively encompass the principle of right to education like ICESCR, rather it states that The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions. (Article 18 (4) ICCPR). However, Articles 13 & 14 of ICESCR critically analyze right to education from childhood to adulthood and also make it mandatory for states to respect the provisions in the Covenant with a hit to observe free education.

Nigeria as a signatory to most of the human rights instruments is expected to ensure adequate and effectiveness in implementation of the conventions that guarantee right to education.

It is my submission that the non-justiciability of educational objectives under chapter 2 is not totally considering item 60(a) of Schedule II part 1 (Exclusive legislative list ) of the Constitution, and the African Charter on Human and Peoples Rights which has been domesticated by Nigeria.

According to former United Nations special Rapporteur on the right to education developed 4 As framework. In adopting the framework in Nigeria and in the fulfilment of the right to education, Nigeria can be assessed using the 4 As framework, which asserts that for education to be meaningful right, it must be available, accessible, acceptable and adaptable. I will like to ask the following question; Is education available, accessible, acceptable and adaptable in Nigeria?

Therefore, I recommend that Nigerian government should do more in fulfilling the educational objectives with an evangelical commitment to ensure that government agencies raise the standard in achieving global recognition and courts of law in Nigeria should adopt a substantial and dynamic approach like other common law jurisdiction in the interpretation of its provisions in order to achieve the beneficial purposes for which they are inserted.

AKINWUMI JOHN AYOBAMI, ESQ., Associate at J. S. Okutepa, SAN & Co.

[email protected], +2347013332890, Twitter: @Surpass_john