Welcome To Glint News
Human rights lawyer Femi Falana has filed an application urging the Federal High Court in Abuja to dismiss charges against several underage defendants accused of treason for allegedly participating in the August #EndBadGovernance protest. Falana argues that the government has a constitutional obligation to fund the education of these minors, citing Section 18 (3) (a) (b) (c) of the 1999 Constitution, Section 15 of the Child's Rights Act, Section 2 of the Universal Basic Education Act, and Article 17 of the African Charter [1).
The defendants, through Falana, have filed a notice of preliminary objection, calling on the judge to decline jurisdiction in the case and order the complainant to pay their school fees until at least senior secondary school or university level. Falana emphasizes that the Federal High Court lacks jurisdiction to try the minors, as they can only be subjected to the child justice system under Section 204 of the Child's Rights Act.
In Nigeria, every child has the right to free and compulsory education. The Universal Basic Education Act ensures that all children, regardless of their background or financial situation, have access to quality education ¹. However, the current situation highlights the government's failure to provide adequate education and protection to its youth.
The Right to Education Act provides for the right of children to free and compulsory education till completion of elementary education in a neighborhood school. It clarifies that 'compulsory education' means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance, and completion of elementary education to every child in the six to fourteen age group [1).
Education as a Fundamental Right:
The Indian Constitution, through Article 21A, makes education a fundamental right for children between the ages of 6 and 14 Similarly, Nigeria's Constitution emphasizes the importance of education as a fundamental right. Falana's application highlights the government's responsibility to ensure that all children have access to quality education.
Government's Responsibility:
The government is responsible for providing free education to all children, and private schools are required to admit at least 25% of their students without any fee ¹. The National Commission for Elementary Education monitors all aspects of elementary education, including quality.
By providing free and compulsory education, the government can ensure that all children have equal opportunities to succeed. Falana's move comes as the Federal High Court, presided over by Justice Obiora Egwuatu, granted bail to 76 protesters, including minors, who participated in the #EndBadGovernance protest. However, the stringent bail conditions have led to the re-arrest of some protesters.
This case highlights the need for Nigeria's government to prioritize the education and well-being of its youth, particularly those from disadvantaged backgrounds.
We keep you informed and involved with anything from breaking news to thought-provoking opinion articles.
