Compulsory Universal Basic Education Bill Passes Second Reading in the House

A constitution alteration Bill seeking to include and place
free, compulsory and universal basic education under Chapter IV of
the constitution of the1999 constitution as amended has passed the
second reading in the House of Representatives.

The Bill sponsored by the Speaker, Hon. Femi Gbajabiamila,
sought to make free, compulsory universal basic education a
fundamental rights under the constitution, considering various
reports relating to the rate of illiteracy in Nigeria.

The Chief Whip, Mohammed Monguno, who read the bill on behalf of
the Speaker, said a country cannot develop when a chunk of her
population still wallows in illiteracy.

He said sadly, various statistics show that the level of
illiteracy in Nigeria is still very alarming, adding that it is
therefore widely believed that high rate of illiteracy accounts for
the low level of development in Nigeria, and that the development
of any nation depends largely on the quantity and quality of all
segments of its population.

Monguno said a report in the Vanguard newspaper published
December 7, 2018 suggests that 38 per cent of Nigerians are
illiterates, describing it as worrisome as Nigeria cannot develop
if nothing is done to educate all its citizens.

He added that a recent declaration by the National Commission
for Mass Literacy, Adult and Non-formal Education (NMEC), as
reported in a THISDAY publication of April 12, 2019, that 35 per
cent of the nation’s adult population is illiterate despite the
launching of Universal Primary Education (UPE) about 33 years ago,
and the huge amount of money invested in education.

The chief whip noted that the country cannot remain relevant in
the world of business and politics if the government cannot secure
or guarantee basic education for the people.

He said that the best and fastest way of achieving this is to
make free, compulsory basic education a fundamental right of every
Nigerian.

Monguno explained that there is already in existence the
Compulsory, Free Universal Basic Education Act 2004, stressing that
ordinarily, free and compulsory basic education is not a
fundamental right under that Act.

He pointed out that a Federal High Court in 2017 presided by
Justice John Tosho, in a suit filed by Legal Defence and Assistance
Projects against the Attorney General of the Federation (AGF and
Ministry of Education, held that: “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.”

Monguno noted that having regard that the judgment is that of a
High Court that might be overturned anytime, hence, legislators as
representatives of the people must take steps to give credence or
constitutional backing to the judgment of the court.

According to him, “The passage of this Bill does not in any
manner whatsoever prejudice the existence of the Compulsory, Free
Universal Basic Education Act, 2004.”

He said that the Constitution Alteration Bill, if passed, can
only be enforced perhaps with damages in case of a breach, the 2004
Act criminalises violation of certain provisions of the Act with
prescribed punishment.

Monguno noted that parts of section 18 of the constitution are
still saved under chapter 2 as general provisions concerning
education at all levels, stressing that this provision cannot be
enforced.

In his contribution, the Deputy Minority Leader, Hon. Toby
Okechukwu, said that while the education of the citizens is very
key, the quality should not be compromised.

On his part, Gbajabiamila said the bill sought to make
compulsory free basic national education policy across board,
stressing that as alluded to by a speaker, it had been experimented
in the South-west in years past and the region benefited a lot from
it.

He said that no child should be left behind, as education is the
key to unlock so many minds.

Subscribe ToNairalaw News!