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

• Address delivered on Sunday, 27 January, 1980, at the luncheon arranged by the Tribune Croup to mark the Silver Anniversary of the introduction of Free Universal Primary Education in the former Western Region of Nigeria.

Continued from last week

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 controversy 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.

 

I would like to make three observations on these provisions.

Firstly, while the National Assembly has powers to make Laws with respect to university and technological education, “or such professional education as may from time to time be designated” by it, it can only establish an institution for the purpose of post-primary education and not to make laws there-of. I am of the opinion that, in establishing such an institution, the Federal Government must comply with the State Law. These are the clear implications of Paragraphs 25 and 26. If, therefore, the National Assembly purports to make any law on post-primary education, such a law will not be validly made.

Secondly, a House of Assembly can, under Paragraph 27, make laws only to the extent that such laws merely establish “an institution for the purposes of university, professional or technological education.” There is no doubt that the intention of the Constitution here is that any law made by any state under Paragraph 27 must be subject to the provisions of any law made by the National Assembly under Paragraph 25 regarding, for instance, standards, mode of settling syllabus, and any conditions which must be satisfied before a university can be established in any part of the Federation.

Thirdly, Paragraph 28 makes it abundantly clear that there is no limit whatsoever to the power of a House of Assembly to make laws with respect to technical, vocational,’ post-primary, primary or other forms of education, including the establishment of institutions for the pursuit of such education. Any law made by the National Assembly, therefore, with respect to technical, vocational, post-primary, or primary education will not be valid.

In other words, the powers of the National Assembly under item K are limited to:

 

1. making 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; and
2. establishing an institution for the purposes of university, technological, professional, or post-primary education.

 

Without the latter provision, it would be illegal for the Federal Government to own or establish universities or secondary schools; and the ownership by the Federal Government of all existing federally-owned universities and secondary schools would have lapsed, presumably, to the state in which they are respectively situated.

In closing, I thank you, Mr. Speaker, most sincerely for the honour which you have done me by allowing me to address you and Hon. Members of this august House of Assembly, on this memorable occasion of the happy conjuncture of the Silver Jubilee of Free Universal Primary Education and the introduction of Free Education at all levels, in Lagos State.

Concluded