ANALYSIS OF CHILD RIGHT TO EDUCATION UNDER INTERNATIONAL LAW: NIGERIA IN FACUS

Student: Msendoo Atondo
Supervisor: Dr Timothy Yangien Ornguga
HOD: Mrs Mary Jennifer Omachi
Department of Law
Law
Rev. Fr. Moses Orshio Adasu University, Makurdi

Abstract

Education is the development of the physical mental and religious powers without which they will be ignorance or illiteracy and manifold problems for the Government and the entire citizens in a society at large. Education be it formal or informal its importance cannot be overemphasized as the complete lack of it does not only impedes the citizens or child alone but affects the whole Nigeria and the entire universe. This research analyzed both international laws and local legislations that provides for the right to Education for all, giving the fact that the right to education is yet to be fully guaranteed under our Constitution, even though other legislations has been made to surmount this ugly trend. This critical analysis shows clearly the problem with the Nigerian legal system and the inability of the extant laws to produce a desired effect. This research work adopted a doctrinal research methodology where primary and secondary sources are assessed, this research also found among other things that the Constitutions of the Federal Republic of Nigeria 1999 (as amended) is yet to fully guarantee the right to education. The Constitution only recognizes the right to education, albeit, as non justiciable right. It is recommended that the Constitution be amended with immediate effect to make the right to education for every child an enforceable right, particularly section 18(3) & 6(6)(c) CFRN, and a number of shortcomings which impacts negatively on the right to Education in Nigeria where the right to Education have not been fully guaranteed in our Constitution as well as other subsequent enactment which tried to surmount the situation by making an attempt to transfer the right into justiciable right, and the failure on the part of the Nigerian Government to meet up with her domestic obligations it further suggests certain reforms, which flows from the findings that if implemented will surmount both the legal and non legal factors affecting the enjoyment of the right to education by a Nigerian child.

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