The Academic Staff Union of Universities (ASUU) and other stakeholders have consistently spoken of the need to reform the nation’s educational system to bring at par with other parts of the world. These agitations have led to series of industrial actions, especially in the nation’s public universities. In response to these agitations, President Bola Ahmed Tinubu promised to carry out comprehensive reform of the sector. However, there is the need for series of legislative interventions to ensure that these reforms have some legal backing, TONY AKOWE reports
Plethora of education laws
Section 18 of the 1999 Constitution saddles the government with responsibility of ensuring free access to education. The section states that the “Government shall strive to eradicate illiteracy; and to this end, Government shall as and when practicable provide (1)free and compulsory primary education; (2) free secondary education; (3) free university education; and (4) free adult literacy programme. It deals with the educational objectives of the government at all levels. In addition, there have been several legal frameworks on the expectations of the Nigerian people in terms of educational developments and reform. Some of these legal frameworks outside the constitution include the Universal Basic Education (UBE) Act (2004), which made education compulsory for children and established the Universal Basic Education Commission, the National Education Policy (2013), which was revised in 2018, outlining the goals, objectives and strategies for educational development and reforms in Nigeria and the Education (National Minimum Standards and Establishment of Institutions) Act (1985), which sets standards for education and regulates the establishment of educational institutions.
Making education inclusive, relevant, effective
There is also the National Commission for Colleges of Education Act (1986), which sets guidelines for the establishment and running of colleges of education and regulates teacher education and training, the National Universities Commission Act (1988), which regulates university education, the Teachers Registration Council of Nigeria (TRCN) Act (1993), which sets standards for teachers, regulates their registration and certification for practice, the Child Rights Act, which protects the rights of children, including the right to education and above all, the Education Reform Act (2007), which aimed to improve access, quality, and relevance of education. These legal frameworks provide the foundation for educational reforms in Nigeria, aiming to improve access, quality, and relevance of education.
While there have been other laws relevant to educational reforms in Nigeria such as the Almajirai and Out-of-School Children Act of 2023 and Secondary Education Commission Act of 2023.
Almajirai and Out-of-School Children Act of 2023, which was passed by the National Assembly and signed by former President Muhammadu Buhari, aimed at addressing issues of out-of-school children, particularly in the northern parts of the country. It provides for free and compulsory education for all children, including Almajarai and other out-of-school children, establish a national data base to track and monitor out-of-school children, set up rehabilitation centres for them and provide alternative education for children who cannot attend formal schools. It also criminalises the act of sending children to beg for arms or forcing them to engage in child labour. The goal is to ensure that all children have access to quality education.
On the other hand, the Secondary Education Commission Act was also passed by the National Assembly to regulate and oversee senior secondary education in Nigeria, setting standard and curriculum, accrediting and monitoring them, conducting assessment and examination among others.
Interestingly, the Education Reform Act 2007 tends to set up several commissions which were supposed to perform the functions of the various regulatory bodies with a view to overhauling the nation’s educational system. These bodies include Basic and Secondary Education Commission; Tertiary Education Regulatory Commission; National Education Resource Commission; National Examination Certification Council; National Business and Technical Examination Board; National Examination Council; West African Examination Council; Joint Admissions and Matriculation Board; National Library and Information Centre; Special Education Commission’ National Mathematical Centre; and Teachers Regulatory Council of Nigeria and Education Trust Fund.
According to available information, the Education Reform Act of 2007 was aimed at introducing wide-ranging reforms to the country’s education sector, including expanding access, improving quality and optimising relevance, enhancing and sustaining standards in teaching, learning, examination and research activities in tertiary institutions and improving the employability of products of educational institutions from Nigeria to curb unemployment and crime rates. It also sought to increase funding for the education sector and implementing transparent, efficient and effective mechanisms for the funding of its activities, strengthen the Tertiary Education Commission and provide high quality career counseling and life-long learning programmes that prepare students. The act also aimed to enhance and sustain standards in teaching, learning, examination and research activities in tertiary institutions and overall delivery in Nigeria. However, it is not clear when the act was passed by the National Assembly or when it was signed into law.
Section 25 seeks to merge the National Universities Commission (NUC), the National Board for Technical Education (NBTE) and the National Commission for Colleges of Education (NCCE) into one body to be known as Tertiary Education Commission, which shall be charged with the responsibility of regulating all Federal Government owned tertiary institutions in Nigeria. It also sought to eliminate the desperate desire for university education as against other tertiary institutions; eliminate the perception that certain tertiary institutions are superior to others; reduce huge overhead cost by consolidating the supervisory agencies (National Universities Commission, National Board for Technical Education and National Commission for Colleges of Education); improve funding to universities in area of infrastructural and instructional facilities, research, scholarly publications and staff training and development through the consolidation of Education Tax Fund intervention; and to facilitate the creative use of underutilised physical assets by converting under-populated tertiary institutions into campuses of Innovative Enterprise Institutes.
In addition, Education Reform Act of 2007 aimed to introduce wide-ranging reforms to the country’s education sector to advance Nigeria’s economic growth and global competitiveness.
One of the most comprehensive documents on educational reform in the country is the National Policy on Education (NPE). The main objectives include providing relevant and quality education for the development of the individual and society, to promote national unity and foster a sense of national identity, to prepare students for useful living and citizenship, to develop the cognitive, affective and psychomotor abilities of students and to provide equal access to education for all citizens. The policy also made provision for the promotion of science, technology, engineering and mathematics (STEM) education.
These objectives aim to ensure that education in Nigeria is inclusive, relevant and effective in preparing students for a rapidly changing world.
In addition, the Education (National Minimum Standards and Establishment of Institutions) Act 1985 seeks to provide minimum standards for pre-primary and primary institutions while getting the minister with the responsibility for establishing and maintaining minimum standards in pre-primary and primary schools and similar institutions in the Federation. This is, however, without prejudice to the fact that the Constitution vests the three tiers of government with the responsibility to fund education, the act sets out the minimum standards and requirements for educational institutions in Nigeria, covering pre-primary, primary, secondary, technical, and higher education, as well as special and adult education. While campaigning for the 2023 general elections, President Bola Ahmed Tinubu outlined some key areas he planned to focus on in reforming education in the country. These include to improve access to quality education, revitalisation of public schools, teacher training and development, curriculum reform, increased funding, promotion of technology in education, promoting vocational and technical education and reducing out-of-school children.
In actualisation of this reform plan, the President has approved an extensive census of schools in Nigeria from primary to tertiary level, including their conditions and live-in facilities, proximity to one another, and educational infrastructure. He has also promised to invest ‘heavily’ in infrastructure to allow for proper integration of school-age children into the conventional schools as well as provide the required leadership and mobilise investment for the development of the sector, with a focus on training teachers in digital skills. He also approved the National Skills Framework, which is designed to provide the appropriate skills for each level of education. In other words, Tinubu’s education reform policies aim to comprehensively overhaul the education sector. The policies are designed to improve learning and skill development, increase enrollment, and ensure the academic security of the nation’s children.
Legislative intervention as crucial catalyst for change
There is no gain saying the fact that educational reform has reached a critical juncture due to persistent achievement gaps, outdated curricula, and inadequate funding. In response, legislative intervention has become a crucial catalyst for change, as policymakers seek to revitalise the education system through bold reforms and targeted initiatives. But rather than pay close attention to these laws by ensuring their implementation, members of parliament have been more concerned about creating more institutions while existing ones are grossly underfunded and while students have not been able have proper funding for their education. Aware of the existing gap in funding education, the President signed the Students Loan almost immediately he assumed office and directed immediate implementation. But due to public outcry about the deficiencies in the law, the implementation of the law was suspended pending its amendment. This amendment, which has been carried out has paved the way for the commencement of the student’s loan. But one aspect that the law did not take into consideration is the funding pattern which is still vested in the Federal Government alone.
With the Stephen Oronsaye report ready for implementation, there is the need to revisit the Education Reform Act and probably amend it in such a way that it will address the challenges in the sector and properly make provisions for the numerous agencies and commissions in the sector, many of which draw budget yearly without doing much. The amendments to the law will no doubt bring to reality the President’s plan to reform the sector. In addition to the Education Reform Act, there is the need to amend the TETFund Act to impose stiffer penalties on those who either refuse to, or under remit their education tax to the appropriate agency of government. Also in dire need of amendment is the UBE Act.
Today, several billions of naira have remained un-assessed by some state governments who refuse to pay their counterpart funds while schools in their states remain in very sorry state.
In its legislative agenda, the House of Representatives said it will encourage measures to ensure the full achievement of universal basic education, Almajirai education and technical education in the country. It said where necessary, legislation will ensure access to quality education, improve the infrastructure of learning institutions and teacher quality and foster digital learning and technical education in Nigeria’s educational system. It said efforts to make the constitutional provision of education fundamental right will be revisited. It said further that reforming the education sector is a crucial step towards achieving sustainable development and improving the quality of life for all Nigerians. The House said it will implement some key legislative measures that will radically reform the sector. Some, of these legislations include an amendment to the UBEC Act to increase the share of the Consolidated Revenue fund allocated to the commission from two to four per cent, enact a law that promotes the education of children with special need, ensuring they have access to quality education in inclusive setting and prioritising resource allocation to basic and secondary schools. While the UBEC Amendment Bill is already before the parliament, nothing concrete has been done on the law even though the House set between 2024 and 2025 as target to achieving that.
Ihonvbare advocates decentralisation of education
Leader of the House of Representatives, Prof. Julius Ihonvbare advocates for decentralisation of education, giving more autonomy to schools and communities to manage their affairs. He believes that this will help in no small measure to lift the standard of education in the country. He calls for a review of school curriculum at all levels to focus on skills development, critical thinking, and problem-solving. He emphasises the need for continuous teacher training and development to enhance their skills and competencies, while also stressing the importance of investing in education infrastructure, including classrooms, libraries, and technology.
Funding and resource allocation, community engagement and participation, special focus on science, technology, engineering, and mathematics (STEM) as well as addressing the root causes of brain drain. He suggests addressing the factors driving the brain-drain in Nigeria, including poor working conditions, inadequate funding, and lack of opportunities are other issues canvassed by the Ihonvbare.
Ihonvbere’s views on education reform emphasise the need for a comprehensive approach that addresses various aspects of the education sector, from curriculum and teacher development to infrastructure and funding.
Osedeke: need to increase budgetary allocation
However, President of the Academic Staff Union of Universities (ASUU), Prof Emmanuel Osedeke believe one of the major reform needed in the sector is increased budgetary allocation to the sector, lamenting that Nigeria rank as the country with the lowest budget for education in West Africa.
He said: “We are in a country where we give 4.5 to 7 per cent, out of which less than 70 per cent is released. But the (Obafemi) Awolowo government was allocating over 30 percent to education.” He said further that any university that does not take the stakeholders along should not be allowed to have access to the fund. The funds belong to the Nigerian people, he said.
