By Victoria Adewunmi-Oni

Stakeholders have raised concern over the performances of students, proffering solutions on ways to improve them.

Their concern is supported by a research, which indicated that in recent years, many children around the world are not learning to read proficiently.

Even though most children are in school, a large proportion are not acquiring fundamental skills.

Moreover, 260 million children across the world are not in school. This is the leading edge of a learning crisis that threatens countries’ efforts to build human capital and achieve the Sustainable Development Goals (SDGs).

Read Also; ‘Education minister’ll not disappoint Nigerians’

Without foundational learning, students fail to thrive later in school or when they join the workforce.

In an interview with The Nation, a lecturer with Anchor University, Dr. Anthony Elisha Anowu, emphasised the importance of education as one of the benchmarks for measuring development, in relation to the SDGs.

He noted that academic performance did not only evaluate students, but also teachers, institutions, the curriculum and systems.

Anowu said psychological and cognitive factors hindered quality performance of students.

Addressing teachers, he said: “Teachers must ensure that everything that would aid pupils’ understanding is put in place, such as teaching aids, and varied teaching methods, such as the play way method, depending on the peculiarity of the students.”

He urged institutions to create a conducive learning environment, while students should be willing and determined to learn by being serious in class, setting goals and avoiding distractions.

The lecturer advised the government to provide necessary facilities that would enhance learning.

Also, the proprietress of Big Daddy Nursery and Primary School and Rosaline High School, Mrs. Bosede Ojalatan, highlighted teaching skills and the learning environment as factors that disrupt students’ performance.

She advised stakeholders that “students should be focused on their education, make use of research engines to solve difficult problems in learning, acquire more knowledge from teachers, peers and parents, as examination malpractice would only give them weak result.”

“Teachers should teach the students current methodology of learning to facilitate effective learning, the parents and government should make sure there is provision for laptops, iPads and other internet facilities for their learning process in order for the students to acquire 21st century skills, which will also help them to identify and assess things,” she said.

 The Proprietress of Nikland Children School Akesan, Nike Oyetunde, said having been in the teaching profession for over 20 years, she observed that students’ performance is decreasing and that education generally has declined.

 She mentioned broken homes, majorly affected by the country’s economic situation, as one of the causes of poor academic performances.

  Her word: “The entertainment industry is greatly influencing the pupils. Most of them would prefer to watch movies, rather than reading. Imagine children having exams, and they still put on earpiece, listening to music.

 “All these are reducing their concentration and making them to lack focus. To add to it, some parents cannot afford textbooks for their children. There’s corruption everywhere; children don’t want to read, so they buy their results.

 “To ensure a lasting solution, all of us have roles to play. The government should pump money into the education sector. They should also reduce importation rate, so that books will be produced at a cheaper rate, and parents would be able to purchase textbooks for their children.

 “Parents should encourage their children to study. They should stop buying results for them, rather, allow them to read. It is not difficult. Schools must also stop promoting examination malpractice.”

The Students’ Loan Act, aimed at providing interest-free loans to students, has generated controversy. While some have applauded the move, others see it as a booby trap capable of creating crisis in the education sector. Many, however, are calling for a review of the law before its final implementation. TONY AKOWE reports.

Students’ loan was first introduced into the country by former Head of State General Yakubu Gowon with a repayment period of 20 years.  The enactment of Decree 25 of 1972 established the Students’ Loans Board. The law gave students loans to take care of their tuition as well as other sundry charges while in school. Between 1972 and 1991, the board was reported to have given out loans valued at N46 million, and by 1992, it had an outstanding loan debt of about N40 million.

In view of the huge debt left behind, the government created the Nigeria Education Bank through Decree 50 of 1993 to take over the responsibilities of the board. But the bank could carry out the function assigned to it as the government failed to fund it.

Read Also; ‘Education minister’ll not disappoint Nigerians’

Over the years, there has been clamour for the revival of the bank and the loan scheme as the education system continues to nosedive.

This prompted Femi Gbajabiamila, then House Leader, to introduce a bill aimed at creating the students’ loan. The bill was first introduced in 2016, but failed to sail through. As Speaker of the House of Representatives, Gbajabiamila reintroduced the bill and ensured that it was passed into law and as Chief of Staff to the President, ensured that it was signed into law.

 The law is part of measures towards addressing the funding gaps in the tertiary education subsector, especially for the students as it provides interest-free loans to them.

However, the issue of student loan and access to quality higher education are part of the Renewed Hope Agenda document of President Bola Ahmed Tinubu.

The President, while campaigning for the 2023 presidential election, promised to pursue the establishment of Education Bank to enhance access to quality education at the tertiary level.

He said: “We will institute a pilot student loan regime… This will expand access to education for all Nigerians, regardless of their backgrounds. At the same time, this will give institutions the ability to charge more cost-reflective tuition fees. Because of the current employment rates and other conditions, the loan programme will have a maximum limit any student may borrow and must have flexible repayment provisions.”

There is no doubt that the Students Loan (access to higher education) Act is to provide students easy access to funding for higher education with the aim of ensuring education for all Nigerians.

The law repealed the Nigerian Education Bank Act Cap. N104, Laws of the Federation of Nigeria, 2004 and enact the Students’ Loans (Access to Higher Education) Act, 2023 to provide easy access to higher education for indigent Nigerians through interest-free loans from the Nigerian Education Loan Fund to be established under the law.

Omissions and bottlenecks in the Act

 However, the word indigent in the law conflicts with the provisions of the Constitution as it discriminates against certain categories of students, whose right to the loan would be impeded. But in another breadth, the law states “subject to the provisions of any other enactment, all students seeking higher education in any public institution of higher learning in Nigeria shall have equal right to access the loans under this Act without any discrimination arising from gender, religion, tribe, position or disability of any kind”.

The “all students” in the law tends to conflict with the earlier provisions of indigent students as contained in its explanatory notes. Amendment to the Act would need to deal with this controversy.

The law also states that: “Notwithstanding the provisions of any Act, enactment or law, this Act shall apply to all matters pertaining to the application and grant of loans to Nigerians seeking higher education into institutions of higher learning in Nigeria through the Nigerian Education Loan Fund.”

Even though the law seeks to provide for all students seeking higher education, it is evident that the law as it is presently, cannot address the needs of Nigerian students. For example, the law says that “the loans referred to in this Act shall be granted to students only for the payment of tuition fees”. However, the government has consistently told the nation that all federal higher institutions in the country are not allowed to collect tuition fees. The implications of this is that as presently composed, no student in these federal institutions can benefit from the loan to be granted since they are not allowed to collect tuition fees from students. But the institutions are, however, allowed to collect money in the name of charges ranging from data, examination, energy, sanitation, library, laboratory, identity card, caution etc., which are not covered by the students’ loan. In addition, the law states that the student to be eligible for the loan, the parent or guardian must have an annual salary package of a maximum of N500,000. Even though the law is supposed to apply to all Nigerians, the condition practically strips many students of the opportunity to benefit from the loan. The law says that “the aims and objectives of the Fund shall be to — (a) facilitate the mobilisation of funds to provide interest-free loans to students of institutions of higher learning in Nigeria for the payment of tuition fees; and (b) ensure constant supply of loans to qualified students applicants for the purpose of providing education to all Nigerians” .

 In the early days of his administration when he signed the Students’ Loan bill into law, the then presidential spokesman, now Minister for Solid Minerals Development, Dele Alake, described it as a promise kept. He said: “We’re very happy to announce to you that today the President, His Excellency, Bola Tinubu, signed into law the Student Loans Bill. This is a promise made during the presidential campaign by the then candidate, His Excellency Bola Tinubu, that he will bring back the students loans issue onto the front-burner. Today, that promise he made has been kept. He has just signed that bill into law, which henceforth would allow or enable our indigent students to access Federal Government’s loans to fund the educational pursuit or career. This is how it’s done in other developed climes. So, this is a boost to our youths and students nationwide. Of course, there are prescribed qualification parameters. And that is the proof of indigeneship of whoever is to be a beneficiary. Of course, there are committees to be set up. The members of committees will be drawn from various bodies to superintend over the efficient and proficient disbursement of this facility”.

 However, in his broadcast to the nation, President Tinubu said Nigerian students will no longer abandon their studies because of lack of money. He said: “We shall fulfill our promise to make education more affordable to all and provide loans to higher education students who may need them. No Nigerian student will have to abandon his or her education because of lack of money.” The President promised to remove all obstacles to the successful implementation of the scheme.

 While not setting out concrete loan recovery steps, the law empowes the special committee, which will be headed by the governor of the Central Bank of Nigeria, to “monitor academic records of grantees of the loans to obtain information on their year of graduation, national service, employment and to ensure that grantees of the loans commence repayment of the loans as and when due”. It is also empowered to “liaise with the employers of the grantees and conclude documentation with employers to ensure that the required sum to be deducted is deducted from the grantees salary and remitted to the Fund or account as directed by the committee”. In addition, it states that “any beneficiary of the loan to which this Act refers shall commence repayment two years after completion of the National Youth Service Corps programme. (2) Repayment shall be by direct deduction of 10% of the beneficiaries’ salary at source by the employer and credited to the Fund. (3) Any change of job shall be communicated to the chairman of the committee within 30 days of resuming with his new employer with details of the new job. (4) Where the beneficiary is self-employed, he shall remit 10% of his total profit monthly to the Fund. (5) For the purpose of subsection 4, a self-employed person shall within 60 days of assuming that status submit all information such as name of business, address and location, registration documents, if registered, name of bankers, names of partners, name of directors and shareholders to the company. (6) Any one in default of the provisions of subsection 5, or found to be aiding the default of subsection 5, commits an offence and is liable on conviction to a fine of N500,000 or imprisonment for a term of two years or both”.

 But, it failed to take into account the current unemployment situation in the country, which has left thousands of graduates roaming the streets without jobs for several years. Many others are left to do menial jobs to survive. The question is: what happened to such graduates who may not be able to pay back the loan as a result of lack of job? There is also the question of how much each student is entitled to and how many times a student can apply for the loan? Also, will the loan be enough to take care of other charges in the school?

 One aspect of the law that requires immediate attention before the commencement of its implementation is Section 8 of the law which  provides for the tenure of office for members of the Special Committee, stating that the members shall hold office for the term for which they hold their substantive offices and shall be replaced automatically by their successor. However, it added a proviso for the appointment of the Secretary, conferring sweeping powers on the Chairman of the Special Committee. It states: “Provided that the appointment of the Secretary shall be at the pleasure of the chairman of the fund. In addition, Section 10 gives the President other sweeping powers to the extent that his decision can override the laws of the land as it relates to the fund. It says: “The President shall have power to alter the decision of the committee or give such directive to the committee as he deems fit if he is satisfied that it is in the interest of the committee or the public.” These powers are subject to abuse.

 Another area of interest in the bill is the source or funds and who should benefit from the fund. Section 12 states that the sources of the Fund shall consist of (a) education bonds;  (b) education endowment fund schemes; (c) 1% of all taxes, levels and duties accruing to the Government of the Federation from Federal Inland Revenue Service (FIRS), Nigerian Immigration Service and Nigerian Customs Service; (d) 1% of all profits accruing to the Government of the Federation arising from oil and other minerals; (e) all sums accruing to the Fund by way of donations, gifts, grant, endowment or otherwise; and (f) other revenue accruing to the Fund from any other source”.

 Questions on students from state-owned higher institutions

There are already questions as to whether students from state-owned higher institutions as well as those from private owned institutions can benefit from the loan since the funds are solely being provided by the Federal Government as contained in the current law. But Chairman of the Federal Inland Revenue Service (FIRS) Mohammed Nami believes that funding the scheme should not be left for the Federal Government alone. He believes that states and local governments should also be made to contribute to the fund to enable students in state institutions of higher learning benefit from the scheme. Nami said the parliament should amend the law to allow the 1 percent revenue to be drawn from funds belonging to the three tiers of government instead of the Federal Government account only. He expressed concern about the one per cent Federal Government revenue meant for the funding and suggested that instead of Federal Allocation, only the parliament should seek amendments that will allow the funding to be drawn from a Federation Account, where all states can contribute too.

 While the Committee of Vice Chancellor of Federal Universities welcomes the bill, the Academic Staff Union of Universities described the law as discriminatory between the children of the rich and the poor. They appeared not to be in support of the law. Immediately after the signing of the bill, ASUU President, Prof. Emmanuel Osedeke, was quoted as saying: “The union will react soon but everyone knows our position on student loans because you will end up encumbering the children of the poor with loans and debt after graduating. This is discriminatory. If what I read online is correct, it said it is only for children whose parents earn less than N500,000 per annum. That means if your father earns more, you won’t benefit.” similarly, National President, Academic Staff Union of Polytechnics, Mr. Anderson Ezeibe, was quoted as saying that there are aspects of the law that will not be practicable. He said: “It says that students should refund the money two years after NYSC. But what is the provision for someone who is not working after NYSC?  And will they all get jobs immediately after NYSC?”

 Govt’s plan for implementation

 Director, Legal Services of the Central Bank or Nigeria, who is currently leading the Central Bank team working on the technicality of the loan and proposing amendment to the law, Kofo Salami Alada, said the students’ loan was being designed to be technology-driven.

According to him, the loan was being designed in such a way that will eliminate physical contact and movement of papers, while the students will be expected to apply for the loan from the comfort of their homes. While saying the technical team was ready for the takeoff of the scheme in September as directed by the President, he disclosed that they would work with the various tertiary institutions, who will be assigned unique code and the Joint Admission and Matriculation Board and other bodies involved in tertiary education in the country to make the process much easier. While dismissing belief that the CBN will fund the scheme, he said the responsibility of the apex bank will be the bankers to the fund as the funds will be provided solely by the government. On funding for the scheme, he said that the technical committee was working on how to avoid a constitutional crisis later when states will go to court to challenge funds being drawn from the Federation Account to implement the scheme. He said while the current law provide for 1 percent of internally generated revenue, they are working on having an acceptable source either from the Federation Account or from the Consolidated Revenue Fund.

 The legislature to the rescue?

 But, Speaker of the House, Tajudeen Abbas assured that the House will address all issues that tends to hamper the smooth implementation of the scheme, which he said is aimed at promoting more equitable access to quality higher education for our children. The Speaker described education as an integral part of the development of any nation, adding that no country can afford to toy with the future of its young people.

He said: “The legislature, as you know, plays a crucial role in providing access to quality education in the country. Our role in this regard is multifaceted. It involves enacting laws and policies that govern education, allocating resources, and overseeing the implementation of these policies and laws as well as the utilisation of appropriated funds. Through these actions, the legislature contributes significantly to creating an enabling environment for quality education and ensuring that the right to education is upheld for all Nigerians. In this respect, the Students Loan Act is a transformational piece of legislation. This is quite critical given that education is considered a fundamental right in Nigeria. The legislature as custodians and defenders of citizens’ rights, play an essential role in safeguarding this right. This informed the initiation and passage of the Student Loan Act by the 9th House of Representatives. The purpose was to create seamless access to credit facilities for quality higher education. The legislation finds its relevance in the recognition that one of the key barriers to accessing higher education is the high cost associated with tuition fees, accommodation, textbooks, and other educational expenses. Many talented and deserving students are unable to afford these costs, leading to a significant disparity in educational opportunities. As a result, we are witnessing a situation where only a privileged few can access quality higher education while the majority struggle to make ends meet. Contrarily, we cannot afford to have majority of our citizens uneducated.

 “The Students Loan Act is a legislative framework designed to address the financial challenges faced by young Nigerians to accessing higher quality education. By accessing credit facilities, the Act aims to ensure that deserving students are not denied educational opportunities due to financial constraints. It is feared that these conditions might hamper the good intentions of the legislature, which is to create access for as many Nigerians as possible who desire quality higher education. It is due to this fact that a summit was convened to harness the opinions of stakeholders and experts on the improvement of the Act”.

 NANS speaks

 President, National Association of Nigerian Students, Usman Barambu, argued that for the scheme to be implemented successfully, there was the need to amend the Act to allow all Nigerian students, who desire loan to have access to it. The students’ body is also asking to be represented in the composition of the special committee in addition to representatives of regulatory bodies for Polytechnics and Colleges of Education as only the National Universities Commission is currently recognised by the law. They are also faulting criteria for accessing the loan in the current act as too stringent, adding that the method of payment of two years was too short but should be reviewed to at least four to five years.

 He said “student loan is for us and on the board, no student representation.  The board only captured NUC, sidelining the polytechnics and colleges of education. They should all be inclusive for fairness and equity. Also the method of payment should be looked into as most students are not able to find their ground financially two years after graduation. It should be revised to four to five years . The act also gives no room for forgiveness in cases of death, especially for security officers, that should also be looked into”.

 On his part, JAMB Registrar, Professor Is-haq Oloyede said the students’ loans represent a turning-point in the history of higher education in Nigeria in the 21st century. He stressed the need to review the Act to cover cost of other things beyond school fees, as students now pay more  for accommodation, feeding and transportation. Oloyede also canvassed the development of a conducive environment for the repayment of the loan even as he noted that the Act should be calibrated to factor in market instability, inflation pandemics and force majeure. He said the parliament must develop an accountability framework for the loan and called for measures that would guarantee its sustenance.

 Permanent Secretary in the Ministry, David Adejo, said the scheme is scheduled to commence in the 2023/2024 academic session. Adejo confirm that Nigeria institutions of higher learning does not collect tuition fees, neither did the introduction of the scheme spur increase in fees across Nigerian universities.

 Necessary works underway to implement Act Sept

 He told the House of Representatives ad hoc committee investigating the scheme that President Bola Ahmed Tinubu has directed that all necessary works be completed on the modalities for the implementation of the students loan to enable it commence by next month. He also disclosed that a Coordinating Committee has been set up by the President with the Chief of Staff as chairman, made up of the Central Bank of Nigeria, Budget Office of the Federal, the Ministry of Education, Ministry of Finance and others.

 The committee, he said, has also set up a technical committee that is working to put in place a proper structure for the take-off of the scheme as well as remove all impediments in the law that may deny Nigerians access to the loan. According to him, the technical committee is expected to report back to the main committee on possible areas of amendment to the law.

 In a resolution that birthed an investigative committee, the House of Representatives warned authorities of institutions of higher learning in the country not to capitalise on the signing into law of the Students Loan Act to increase tuition and other fees. According to the House, doing so will defeat the essence of the legislation.

 Hon. Terseer Ugbor (APC, Benue), who moved the motion, said while financial support from family members and relatives is often considered a traditional source for funding higher education globally, recent trends in the past 60 years indicate that governments in both developed and developing countries have in place various Students Loans and Educational Credit Schemes to enable students to borrow towards the funding of higher education. The lawmaker said the use of Students Loans and Educational Credit Schemes in most countries of the world is often justified on the grounds that it guarantees greater access to higher education for the less-privileged citizens and is further predicated on the notion that education is an investment in human capital which in turn promote individual development, economic growth and national productivity. According to him, after several years of unsuccessful attempts by successive administrations to introduce students’ loans, scholarships and other educational credit schemes, the 9th National Assembly passed the Students Loans (Access to Higher Education) Bill, 2023.

 He argued that while the objectives and intendment of the Students Loans (Access to Higher Education) Act, 2023 are patriotic and would impact positively on higher education in Nigeria, especially among the underprivileged citizens, there are several critical omissions and identifiable bottlenecks that can frustrate the successful implementation of the Act if immediate further legislative action is not taken to ensure its efficient implementation. He expressed concerned that while the intendment of the Students Loans (Access to Higher Education) Act, 2023 is highly commendable and its enactment has been well received by a large segment of the general public, particularly the Nigerian youths, the identified and observable lapses have the potential to frustrate its smooth implementation for the overall benefit of students.

 Ugbor, who also headed the committee looking into the issues in the law, said the students’ loan was part of the palliatives by the Federal Government to alleviate the suffering of Nigerians and ensure access to higher education by interested Nigerians. He is concerned about the disbursement process, the recovery of the funds from beneficiaries as well as the possibility of some students not been able to access the loan.

 Referring to the issue of a possible constitutional crisis raised by the CBN, he said: “There is the possibility that students from state-owned tertiary institutions will not be able to access the loan because if the states will not contribute to the funds, it would mean that students from state universities will not be able to participate in the scheme.” He believed there was the need for dialogue with all stakeholders in the education sector in the country in the process of trying to amend the law to ensure that all Nigerian students interested in the loan benefit from it.