By Georginia C. Ude
Introduction
The alarming rate of out-of-school children in Nigeria remains a call for concern. According to UNICEF’s report as published in Vanguard Newspaper of May 9, 2024, over 18.3 million children are out of school in Nigeria, thereby making Nigeria alarmingly the country with the highest number of out-of-school children globally. Furthermore, UNICEF had stated, that only 63% of primary school age children in Nigeria are in Primary School and only about 84% of them are able to proceed to Junior Secondary School.[1]
This heart wrenching statistics call for urgent attention to the nation’s education system and begs for a critical analysis of the policies and systems that govern child education. There is also dire need to analyze the challenges to child education, as well as proffer swift and practical solutions that would foster the commencement, transitioning and completion of basic education by the Nigerian child.
Legal Framework for Child’s Right To Education in Nigeria.
In Nigeria there are laws and policies that provides for and promote child’s right to quality education. These laws and policies includes but are not limited to;
The Constitution as Amended.
The 1999 Constitution of Nigeria as amended, makes a foundational provision on Child’s right to education. Section 18 charges the Government with directing its policies towards ensuring there are equal and adequate educational opportunities at all state levels. Furthermore, this section mandates government to eradicate illiteracy, by providing;
- Free, compulsory and universal primary education
- Free secondary education
- Free university education, etc
As strong as this provision sounds, it is worthy of note that this section falls under Chapter II of the constitution, that is the, Fundamental Objectives and Directive Principles of the State Policy, making it non-justiciable. This means that the government cannot be sued in court for it’s enforcement.
Child’s Right Act, 2003
The Primary Law that protects and promotes the rights of children to Education in Nigeria is the Child Rights Act 2003. This Act not only provide for the right of a child to Basic Education, it also encapsulates punitive measures against stakeholders for violation of this right.
The Child Right Act, particularly section 15 (1) provides for the right of a child to free, compulsory Universal Basic Education and expressly mandates both the State and Federal Government to be responsible for promoting this right.
To understand further on the standard of education protected under the Child Rights Act, Section 15(2) a & b of the Act clarifies that Universal Basic Education means,
- Primary School Education
- Junior Secondary School Education.
Stakeholders of Children’s Right to Education Under the Child’s Right Act
The Child Right Act mandates the following persons to ensure that children in Nigeria have access to and are able complete their basic education in Nigeria;[2]
- Parents
- Guardians
- Anybody who has the lawful custody of a child whether on temporary of on permanent basis, such as schools, Orphanages,
- The Government[3], ie the Local Government Areas, States Government and Federal Government
By virtue of the Child Rights Act, 2003, parents,guardians, or any individual or institution that have a lawful custody of a child must ensure that such a child has access and is enrolled in school to attain basic education.
By virtue of Section 15(3) of the Child Rights Act, a parent, guardian, or anybody who has the custody of a child who has completed his or her Primary School Education and their Junior Secondary school education shall endeavor to enroll the child into senior secondary school, or alternatively, encourage the child to learn an appropriate trade, of which the employer of such trade, is mandated to provide the necessary tools for learning the trade. Moreover, the Law further promotes the right of a female child who discontinued her education as a result of becoming pregnant to continue basic and senior secondary school education, provided that she is able to carry on with her academic activities.[4]
Consequences for Violation of Child’s Rights to Education
As expressly highlighted in Section 15 of the Child Right Act, the right of the Nigerian Child to basic education is a mandatory right. Hence the Act prescribes punishment for erring parents or guardians as follows;[5]
- Upon first conviction to be reprimanded and ordered to carry out a community service.
- Upon second conviction, such parent or guardian under whose custody the child is shall be convicted to pay a fine of ₦2,000- or four-months imprisonment or both
- Upon subsequent conviction be convicted to ₦5000.00 fine or Two months imprisonment or both.
It is interesting to note that section 2(4) of the Compulsory, Free Universal Basic Education Act, 2004, prescribes similar punishments for the contravention of the Act or violation of the mandatory responsibilities imposed on these stakeholders by the Act. Section 3 (1) of the Compulsory, Free Universal Basic Education Act, 2004 states that services received in primary and junior secondary schools are free of charges and further prescribes punishment for any person who collects fees for such services to be liable upon conviction to pay a fine not exceeding N10,000 or be imprisoned for a period of 3 months or both. The Act also gives the the Magistrate Court the jurisdiction to try such offenses.[6]
The Compulsory, Free Universal Education Act 2004
Just as the Child Right Act, section 2 of the Compulsory, Free Universal Basic Education Act, 2004, provides for free and compulsory education for children in Primary school and through Junior Secondary school and the government is charged with the primary obligation of promoting and implementing this right. The Act also charges parents and guardians with the responsibility of ensuring that their children and wards within the Primary school age and junior secondary school age are enrolled in school[7]
Factors Militating Against Child Education In Nigeria
- Poor Implementation of Government Polices on Compulsory Basic Child Education
One of the greatest challenges of access to basic education by children in Nigeria, is poor implementation of government policies that promote un-interrupted access to quality education by the Nigerian child, irrespective of their social status, background, gender etc. Government Policies are pivotal to shaping the Education Sector in Nigeria. Nigeria in recent times have had plethora of policies on Education, such as the Universal Basic Education, UBE adopted in 1999 and passed into law to ensure free and compulsory education for children for a period of nine years, commencing from primary to Junior Secondary School. Another important policy is the National Policy on Education, adopted in the year 2004, which sets out the goals, objectives and strategies for attaining development of the education system at all levels in Nigeria. Furthermore, the Safe School Initiative, is another crucial policy aimed at prioritizing the safety of children, teachers, school facilities and equipment in Nigeria.
These policies are curated to meet crucial needs such as, resources allocation, curriculum, number and quality of teachers, infrastructure development and equitable access to quality education. However, the effectiveness of these policies is dependent on their implementation, allocation of resources and engagement of Stakeholders of Child Education, which till today remain a challenge and impedes children’s access to education in Nigeria.
2. Limited Budgetary Allocation for the Education Sector
One of the crucial factors that affects access to quality education by the Nigerian Child remains poor budgetary allocation to the sector by both the Federal government and the State governments. Limited funding has done more harm than good on the education sector, as it affects other factors on education such as access to quality education, infrastructure development, the school’s ability to meet the needs of children, quality of teachers and number of teachers available to teach the children in schools. The Government both state and federal, being the foremost stakeholder of the education sector, are enjoined to scale up funding to the sector so as to achieve a developed educational system for the Nigerian children.
3. Poor Infrastructure in Schools
This Challenge is closely impacted by the challenge of poor funding as highlighted above. A lot of schools in Nigeria have dilapidated structures, unsafe environment. Some lack basic infrastructures such as a standard library, classrooms, poor or no convenience or toilets, lack of laboratories and equipment etc. these and many more hamper the ability of these schools to meet the needs of the children and consequently discourages parents from enrolling their wards in school, especially in rural communities.
4. Limiting Culture and Practices
Culture and norms remain one of the factors militating against child’s access to basic education in Nigerian. The belief system and practices in some local communities in Nigeria, is that education is not for the girl child, as such they groom the girl child in readiness for early marriage. Moreover, Early marriage, gender inequality are key practices that have hamper access to basic education by the Nigerian Child. Despite the constitutional provision on the right to education, and some vital policies that promote free and compulsory education, some un-enlightened parents and guardians are adamant on not educating their girl children due to these cultural practices and norms in certain rural areas in Nigeria
5. Shortage of Quality Teachers and Academic Staff
The inability of some schools to employ quality teachers and well-trained administrative staff is one of the factors that have adversely impacted on the Nigerian education system, hence hampering access to quality education by the Nigerian child. Some schools in local communities are unable to enroll their staff for periodic training that develop basic skills and ability to impact knowledge. Some teachers in local communities, lack requisite ICT skills, good communication skills, administrative skills and many more, required to effectively carry out their roles as teachers.
6. Corruption and Mismanagement of Resources
Corruption in the education sector as well as poor management of resources are also factors that hamper access to quality education by the Nigerian Child. Cases of poor management of allocated funds and corruption are the reasons some schools in the local communities have remained dilapidated and lacking in basic standard facilities necessary for providing quality education for children.
7. Insecurity and Insurgency
The rate of out of school children in Nigeria continues to surge as a result of insecurity in certain parts of the country. Incidences like the Chibok girls kidnap, the recent kidnap of school children at Orire Local Government Area of Oyo State, continue to discourage parents and guardians living in highly volatile areas from enrolling their wards in school. The Government inability to reduce crime rate, and provide adequate security for school children and that of the teachers has plague child education in Nigeria, hampering the much-needed developmental needs of the affected children.
Solutions to Challenges of Child Education In Nigeria
- Strong Implementation of Policies and Laws that Promote Child Education
As highlighted earlier in this work, there exist currently a good number of Statutes and policies that promote free, compulsory and quality basic education for the Nigerian Child such as the Compulsory, Free Universal Basic Education Act 2004, National Policy on Education etc. As much as these policies have provided in them the structure, financial needs accessibility, allocation and even security for children’s education, they are hardly effective due to the lack of implementation.
To resolve this, there is dire need to create a watch dog to oversea the implementation of the existing policies on Child Education. This is crucial because education remains an undoubtedly, the means to achieving development in a nation as such should be taken seriously by any society. An education watchdogs is necessary to ensure that needed allocations, access, resources, facilities, security etc are provided in good time by the stakeholders of child education and to curb corruption and laissez faire attitude within the education sector.
2. Subsidized Senior Secondary Education
In as much as the Child Right Act, 2003 makes secondary school education, optional as stakeholders have the option of taking the child to alternative vocational training, it is pertinent to state that a a good number of students who have completed their junior secondary education are unable to enroll in senior secondary due to financial constraint, however, having a subsidized senior secondary schools would result in increased number of enrollees for senior secondary schools. This is achievable by the government both in federal and state level rolling our more scholarship programs, grants for senior secondary education. More so, school fees for children from rural and poor communities can be subsidized by the government to make it easier for their parents and guardians to enroll their wards in senior secondary schools.
3. Improved and Diverse Training Programs For Teachers and Non-Academic Staff
Both academic and non – academic staff in schools need to undergo periodic training on the requisite skills needed for teaching and for administering schools. In this day and age where digital / ICT skills come in handy for an improved life, teachers and school staff need to harness these opportunities to better equip the children on these life surviving skills. The schools’ authorities and the government should look into driving such training for both academic and non-academic staff of schools under their control.
4. Increased Funding and Allocation For Child Education
The biggest reason for substandard educational system and increased cases out-of-school-children is lack of adequate funding for the education sector. A lot of schools in local communities are standing on dilapidated structures, with little or no facilities such as library, conveniences, chalk board, computers, security cameras, standby generators, tables and chair for the learners and the teachers etc. it is shocking to see children in some rural areas learning on the bare floor or under trees as a result of lack of basic equipment and facilities for learning. This instances points to the level of monetary allocations made available by the state and federal government for education. As long as funding remains limited and inadequate, there will continue to be increased out- of -school-children in Nigeria.
5. Amplified Awareness on the Rights and Opportunities For Child Education
It is one thing to have the Constitution, Child Right Act and other policies promoting child education, it is another thing for the relevant stakeholders to know these rights, opportunities and even their roles in the implementation of this right. A lot of children are out of school because their parents/ guardian especially the uneducated are unaware of their children’s right to free and compulsory basic education. Until we drive programs that massively create the needed awareness, especially in the local communities, using the vehicles like the churches, mosques, village heads and traditional rulers, a lot of children in rural areas will continue to lack access to basic education.
6. Provision of Adequate Security for Schools
Insurgency has dealt a heavy blow on the education sector in Nigeria. No child should be subjected to fear whilst getting an education. A lot of children are at home especially in some security porous areas duty insecurity.
There is dire need for the state government to set up police stations close to schools within local communities and every school needs to be assigned at least minimum of two security personnel, depending on the number of the pupils/students, so as to provide adequate security.
Conclusion
Child education is child right. There are laws and policies that promote children’s right to quality education in Nigeria but in the absence of impartial and active implementation, these statutes and policies on child education remain mere symbolic paper trail. The alarming rate of out-of-school-children in Nigeria would reduce to the barest minimum, when the relevant stakeholders of child education take necessary steps towards ushering in the needed change in the education sector.
AUTHORED BY;
GEORGINIA C. UDE LL.B(Hons), LL.M, B.L, Notary Public.
[1] Unicef Report ,published on Vanguard Newspaper May, 9 2024.
[2] Section 15 (3) Child Rights Act, 2003
[3] Section 15(1) Child Rights Act, 2003
[4] Section 15 (5) Child Right Act,2003
[5] Section 15 (6) Child Right Act, 2003
[6] Section 6, Compulsory, Free Universal Basic Education.
[7] Section 2 (2) Compulsory, Free Universal Basic Education, 2004
