The Legislature, Subnational Governments, and Child’s Education Rights in Nigeria’s Fourth Republic

The traditional responsibility of the legislature the world over is lawmaking. Over time, it has included oversight of governmental Ministries, Departments, and other Agencies as well as other controls including political and financial among others. Pre-1999, the menace of out-of-school (OOS) children was rife owing to the suspension of fundamental human rights and other social neglect during the military administrations. However, on the restoration of democratic rule that heralded the fourth republic in 1999, institutional and political efforts were geared toward restoring the education rights of the children. Thus, Section 18(1) of the 1999 Constitution of the Federal Republic of Nigeria expresses that the “government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.” Subsequently, the Universal Basic Education Act was domesticated in the year 2000 by the national legislature. Similarly, the Second Schedule, Part II, item 30 of the 1999 constitution further empowered the House of Assembly of each state of the federation to make laws with respect to primary, post-primary, and other forms of education. This study explored the role of the national legislature in ensuring the education rights of the children are protected, how the subnational government’s education policy has impacted the education rights of the children; and how the role of other critical stakeholders shaped the education sector in Nigeria. The study explored documented reports and other secondary sources for data.