An old Arabic proverb states, “When you want to destroy a nation, there are two means: first, through the family unit; second, by destroying its educational system and toppling its role models." In Nigeria today, we are witnessing the latter part of this wisdom unfold before our eyes.

Nigeria's Educational Crisis

While lamenting the state of Nigeria has become almost cliché, the government's failure to prevent the current decay in the educational system may be its gravest crime against its citizens. Education is not merely the acquisition of knowledge; it is a transformative process crucial for personal and societal development It shapes thought processes, builds character, and is the cornerstone of progressive change.
The dire state of education in Nigeria is alarming:
 

• An estimated 60 million Nigerians are considered illiterate.
• UNESCO reports that out-of-school children in Nigeria have increased to approximately 20 million.

According to the World Bank, Nigeria is
experiencing learning poverty," with 70% of 10-year-olds unable to understand a simple sentence or perform basic numeracy tasks.
In Kaduna State alone, 74.7% of school children can't read or performi basic math.
These statistics paint a grim picture of a nation failing its future generations.

The Right to Education: A Fundamental Yet Neglected Right

Education is recognized as a fundamental right in numerous interational treaties to which Nigeria is a signatory¹. Domestically, it is enshrined in Section 18 of the Nigerian Constitution². However, this provision falls under Chapter Il, the Fundamental Objectives and Directive Principles of State Policy, which are not justiciable in Nigerian courts. This legal technicality has allowed the govemment to treat education as a lower priority, despite its crucial importance.
Section 18(3)(a) and (b) of the Constitution  mandates that the government shall strive to eradicate illiteracy by providing:

• Free, compulsory, and universal primary education
• Free secondary education
• Free university education
• Free adult literacy programs

The continuous neglect of these constitutional provisions is detrimental to Nigeria's long-term development and stability.

The Need for Judicial Activism

With the executive branch failing to work towards these educational goals and the legislature neglecting to amend the constitution or provide acts for full implementation, the judiciary must step up. Through judicial activism, courts can interpret the right to education as enforceable.

Nigerian courts have historically recognized the importance of education:

• In Garba v. University of Maiduguri³, Justice Obaseki described a university student as ‘a priceless asset on the threshold of a world of useful service to the nation.’
• In N.U.C v. Alli, Justice Uwa⁴ emphasized the need to maintain the highest standards in university education to prevent jeopardizing lives in fields like medicine and pharmacy.

Learning from International Precedents

Nigerian courts could draw inspiration from international examples:

• In South Africa, the case of Governing Body of the Juma Muzjid Primary School & Ors v. Essay N.O. & Ors⁵ expanded the scope of the right to basic education beyond internal limitations.
• In India, UPSE Board v. Harri Shanker⁶ reaffirmed education as an intrinsic part of the right to life, with courts bound to interpret principles that further the goals set out in Directive Principles.

A Call to Action

The continuous neglect of the right to education will have far-reaching consequences for Nigeria's future. All three arms of government must share the burden of preventing the collapse of our educational system and, by extension, Our civilization.
The judiciary, through activist interpretation, can serve as a final reminder to the govemment of its responsibilities. It's time for Nigeria to recognize that investing in education is not just a constitutional obligation, but a crucial step in securing a prosperous and stable future for all it’s citizens.

References

1. The relevant instruments include t h e Universal Declaration of Human Rights (UDHR), 1948, the Intemational Covenant on Economic, Social and Cultural Rights (ICESCR), 1966, The International Covenant on Civil and Political Rights (ICCPR) 1966, the UNESCO Convention Against Discrimination in Education, 1960, International Convention o n the Elimination of all Forms of Racial Discrimination (ICERD), 1966, the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), 1979 and the Convention on the Right of the Child (CRC, 1989), inter alia
2. 1999 Constitution of the Federal Republic of Nigeria Cap C23 laws of the federation of Nigeria
3. (1986) Al N.LR. 149
4. (2014) 3 NWLR (PART 1393)
5. (2011) (7) BCLR 657 (CC), BCIR 446 (Cc),
6. (1997) AIR SC 65.