30th November, 2010
In a dramatic and ground-breaking judgment, the ECOWAS Community Court of Justice in Abuja has ordered the Nigerian government to provide as of right, free and compulsory education to every Nigerian child. This judgment followed the courtâ€
The ECOWAS Courtâ€
The Court also ruled that the Universal Basic Education Commission (UBEC) failed to discharge its legal responsibility pursuant to its foundational instrument to monitor how states are spending and using statesâ€
The court granted the following reliefs asked by SERAP:
A DECLARATION that every Nigerian child is entitled to Free and Compulsory Education by virtue of Article 17 of the African Childâ€
AN ORDER directing the Defendant to make adequate provisions for the compulsory and free education of every child forthwith.
The court also said that the ICPC report on the diversion of the sum of N3.5 billion from the UBE fund by certain public officers in 10 states of the Federation of Nigeria constitutes only a prima-facie evidence of theft of the public funds until the officials involved are successfully prosecuted before national courts. On this ground, the court did not elaborate on the provisions of Articles 21 and 22 of the African Charter on Human and Peoples Rights.
The Court said that the right to education can be enforced before the Court and dismissed all objections brought by the Federal Government, through the Universal Basic Education Commission (UBEC), that education is “a mere directive policy of the government and not a legal entitlement of the citizens.â€
Reacting to the ruling, SERAPâ€
“We commend the ECOWAS Court for its ground-breaking judgment, which has permanently re-defined human rights jurisprudence in Africa. The ECOWAS Court has consistently demonstrated courage and industry in the discharge of its vital role in putting an end to violation of all human rights and impunity of perpetrators in the sub-region. We also acknowledge the important contribution of Dr Kolawole Olaniyan of Amnesty International in London, to the case,†said Falana.
“In the current climate, where economic and social rights are not deemed legally enforceable in Nigerian courts and where victims of violations of these human rights are denied access to an effective remedy, this unanimous judgment of the ECOWAS Court of Justice is a welcome landmark. It reaffirms that states are obliged to promote and ensure the universality and indivisibility of all human rights as recognized by the African Charter on Human and Peoplesâ€
“The judgment is very promising for countless children who continue to be denied their legally enforceable human right to education, and for millions of Nigerians who continue to face extreme poverty as a result of high level official corruption and diversion of Nigeriaâ€
“Today the ECOWAS Court of Justice has shown itself to be a uniquely effective human rights mechanism; and as the only hope that Nigerian victims of large scale official corruption and the associated human rights violations, especially economic and social rights have for justice and effective remedy. Nigeria has a clear obligation to fully implement and comply with the judgment. The Authority of Heads of State and Government of ECOWAS should ensure that the courtâ€
“The Nigerian government and indeed all African governments should now put every child in school, and educate them at the expense of the state,†Falana added.
SERAPâ€
The investigation also resulted in the recovery of stolen N3.4 billion, meant to improve the quality of education and access to education of every Nigerian child. The organization used the findings of the ICPC as the basis for its suit before the ECOWAS Court.
The Federal Government had alleged, through the UBEC, that “the Court lacks jurisdiction to entertain the action filed by SERAP on the grounds that the Compulsory and Basic Education Act 2004 and the Childâ€
Dismissing all the objections by the government, the ECOWAS Court reaffirmed its earlier ruling to the effect that: “It is important to assess the basis of SERAPâ€
“It is well established that the rights guaranteed by the African Charter are justiciable before this Court. Therefore, since SERAPâ€
On the objection that the court lacks jurisdiction, the Court said: “It is a well established principle of law that jurisdiction is a creature of stature. Under Article 9(4) of the Supplementary Protocol, the Court clearly has jurisdiction to adjudicate on applications concerning the violation of human rights that occur in Member States of ECOWAS. The thrust of SERAPâ€
The Court also said that “As SERAPâ€
Dismissing the governmentâ€
The Court also said: “Public international law in general is in favour of promoting human rights and limiting the impediments against such a promotion, lends credence to the view that in public interest litigation, the plaintiff need not show that he has suffered any personal injury or has a special interest that needs to be protected to have standing. Plaintiff must establish that there is a public right which is worthy of protection which has been allegedly breached and that the matter in question is justiciable. This is a healthy development in the promotion of human rights and this court must lend its weight to it, in order to satisfy the aspirations of citizens of the sub-region in their quest for a pervasive human rights regime.â€