Human rights lawyer, Mr Femi Falana (SAN), has called on the Federal and State governments to implement the Child Rights Law to provide free education to pupils from primary to Junior secondary school in the country.
He also condemned the failure of the 34 State government and Federal Capital Territory to access the N135 billion Universal Basic Education Commission (UBEC) fund.
Falana, the Chairman, Alliance on Surviving COVID-19 and Beyond (ASCAB) said the Child Rights reiterated that every child is entitled to free and compulsory education from primary to junior secondary school under the Child’s Rights Law.
Falana in January 2024 instituted a suit against the Federal Government (through the Attorney General of the Federation), the Minister of Education, the Universal Basic Education Commission (UBEC), and 36 states over the issue of out-of-school children in the country.
Falana filed the suit alongside an early childhood education specialist, Hauwa Mustapha, on behalf of the Alliance on Surviving COVID-19 and Beyond where he listed the Attorneys General of the 36 states of the Federation and Minister of the Federal Capital Territory, Abuja as respondents in the suit.
The suit was filed through their counsel, Mrs Funmi Falana (SAN)
The suit which was filed on January 19 at the Federal High Court, Lagos, praying the court to determine whether the respondents are not under a legal obligation to provide free, compulsory and Universal basic education for every Nigerian child of school age by section 2(1) of the Compulsory, Free Universal Basic Education Act, LFN, 2004.
Also, “Whether the refusal or failure of the Respondents to contribute not less than 50% of the total cost of projects as its commitment to the execution of the free, compulsory education project for every Nigerian child of school age is illegal as it violates section 11(2) of the Compulsory, Free Universal Basic Education Act, Laws of the Federation of Nigeria, 2004.”
The plaintiff in the suit is praying for an order to compel the 36 state governments to access the sum of N68 billion in Account of the Universal Basic Education Commission. Some of the respondents have since questioned the plaintiff’s locus standi to institute the action.
However, in a statement on Tuesday, Falana stated that “it has been disclosed by Management of the Universal Basic Education Commission that the fund not accessed by 34 states and the Federal Capital Territory has increased to N135 billion due to the inexplicable failure to contribute the counterpart fund required by law.
“In view of the fact that both UNICEF and UNESCO have confirmed that Nigeria has 20.2 million out-of-school children, we are compelled to call on all patriotic Nigerians to mount sufficient pressure on the 34 state governments to access the UBE fund in order to educate every child in Nigeria in accordance with the provisions of the Child’s Rights Law applicable in every state as well as the Child’s Rights Act applicable in the Federal Capital Territory.”
He urged the 36 State Governments and the Federal Capital Territory to no longer be permitted to toy with the right of indigent children to acquire basic education.
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