PATH TO NIGERIAN GREATNESS: Under The New Dispensation On the right to educa tion*

Continued from last week

I have again and again declared, without any fear of tenable contradiction, that man is the sole creative and purposeful dynamic and nature. He is the innovator of any economy and at any stage or human advancement. He is the producer, distributor, exchanger, and consumer of all goods. In the Church, in the Mosque, in politics, in the State, in the family and in society generally, he is the alpha and omega of all activities. In all social, political, economic and religious activities, he alone has the capacity to make or break, either by the words of his mouth or by his actions. From this brief observation, it goes without saying that the better educated a person is, other things being equal, the better equipped he is constructively to direct the general course of society for the benefit and best interest of the entire people.

I have said a lot on the politico-economic basis of our advocacy, for free education at all levels, and I do not want to add more at this stage. In this connection, I would like to call the attention of Mr. Speaker and Hon. Members to the addresses which I delivered to the State Houses of Assembly of Ogun, Oyo, Ondo, and Bendel States.

Many Jurists — among them, Salmond and Keeton – have given us the definition of a State. But the one that appears to me most explicit, and distinguishes a State more clearly from other human associations is Keeton’s, and it runs as follows:

A State is an association of human beings, whose members are at least considerable, occupying a defined territory, and united with the appearance of permanence for political ends, for the achievement of which certain governmental institutions have been evolved.

From this definition it can be deduced that a State must possess three attributes, namely:

1. objectives – “political ends”;
2. governmental institutions, and
3. a constitution.

The objectives of a State can be restated briefly. A State must protect its citizens and defend its territory against external foes. It must also maintain internal order by guaranteeing the exercise by the people of their fundamental human rights, and promoting their welfare and social well-being. The State must have governmental institutions for the purpose of achieving these paramount objectives. In the face of all these, it is grossly unethical and immoral for any Government to employ its institutions for the purpose of fulfilling the objectives of a State for a small section of the community, while the vast majority of the people are neglected or ignored. I must confess that in this address, I have only dealt sketchily with the theoretical basis of our advocacy for free education at all levels. But since the debate on the subject is continuous – though our opponents appear to be less vocal on the issue than ever before – I hope to come to the attack again in due course. You will remember that in my address to the Oyo State House of Assembly I said inter alia as follows:

…It is imperative that all the relevant arguments should be mustered and directed, with unrelenting and unabating persistence, at the “densely-compacted intellect” of the Federal Government to the end that it may awaken to the very urgent need for promoting the immediate introduction of free education at all levels …

This is what I have striven to do in all my speeches since Wednesday last week, and this is what I have pledged myself to do henceforth until victory is achieved, and education at all levels which is a fundamental right is translated into an opportunity which is made available to every Nigerian citizen, whatever his birth, and wherever he may live in Nigeria. I want all the members of the Unity Party of Nigeria, and all right thinking people throughout the country to do the same.

There is only one other matter of topical interest with which I would like to deal before resuming my seat. The matter relates to the extent of the powers of the Federal Government in respect of education. Subsections (2), (4) (a), and (5) of Section 4 of the Constitution of the Federal Republic provide as follows:

The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

In addition and without prejudice to the powers con-ferred by subsection (2) of this section, the National Assembly shall have power to make laws with respect to the following matters, that is to say … any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall to the extent of the inconsistency be void.

There are two quick comments I would like to make on these provisions. First, the extent of the powers of the National Assembly in respect to matters in the Concurrent List is prescribed. Beyond the prescribed extent the National Assembly cannot go. Hence, secondly, the question of inconsistency between a Law enacted by a House of Assembly and an Act of the National Assembly cannot arise, unless the latter law is validly made.

As to how the validity of an Act of the National Assembly can be determined, we have to look at the Concurrent List itself – Part II of the Second Schedule. The item relevant to the point in controvers is Item K. The First Column of this Item reads — “university technological and post-primary education.” Paragraphs 25, 26, 27, and 28 in the second column opposite Item K read as follows:

25. The National Assembly shall have power to make laws for the Federation or any part thereof with respect to university education, technological education Or such professional education as may from time to time be designated by the National Assembly.
26. The power conferred on the National Assembly under paragraph 25 of this item shall include power to establish an institution for the purposes of university, Post-primary, technological or professional education.
27. Subject as herein provided a House of Assembly shall have power to make Laws for the State with respect to the establishment of an institution for purposes of university, professional or technological education.
28. Nothing in the foregoing paragraphs of this item shall be construed so as to limit the powers of a House of Assembly to make Laws for the State with respect to technical, vocational, post-primary, primary or other forms of education, including the establishment of institutions for the pursuit of such education.

To be continued