MEETING THE DEMANDS OF ACCESS TO UNIVERSITY EDUCATION IN NIGERIA: AN ASSESSMENT OF THE GOVERNMENT’S OBLIGATION
DOI:
https://doi.org/10.53704/grt40c94Keywords:
Access to education; adequate funding; Private universities; education facilities; programme accreditation; online educationAbstract
Abstract
The concepts of right to education and access have always been considered from the perspective of international instruments providing for such. However, the concepts have not been seriously addressed from the angle of government’s political will to fund and monitor the realization of quality and accessible education.This study therefore examined the concepts in terms of the very wide margin between the rate of application for admission by qualified applicants and the relatively small openings, which exist coupled with an environment, which is conducive for research and learning. The study found that given the various universities particularly private universities that were established, such have not met the demands of full development of the human personality and access to universities. The study therefore argued that the Government has to support the private universities so that tuition fee of private universities can reduce and more affordable. Government is expected to fund public universities better to increase facilities including Information communication technology and subsequently increase admission openings. The study adopted doctrinal mode of investigation as it concluded that adequate funding of education and due monitoring of education development were desirable to give more access and right to education in Nigeria.
References
See Taiwo, E.A. “The Implementation of the Right to Education in South Africa and Nigeria” Unpublished LLD Thesis, Nelson Mandela Metropolitan University, 2011 34. See also Fagbemi, S.A. “The Importance of Information and Communication Technology as Mechanism for Legal Education, Practice and Dispute Resolution in Nigeria” 2016 (4)(1) Akungba Law Journal 173.
Section 18, chapter II of the 1999 Constitution (CFRN 1999), Cap C23, LFN, 2004; Ibe, S. “Implementing Economic, Social and Cultural Rights in Nigeria: Challenges and Opportunities” (2010) 10 African Human Rights Law Journal 198.
Section 18(3) CFRN. Article 26(1) Universal Declaration of Human Rights (UDHR),1948. The Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 and its principles apply in Nigeria as a member state of UN.
Interpretation section of the Education (National Minimum Standards and Establishment of Institutions) Act, 2004.
Catherine Uchechukwu Osuji and Fanny Chimezie Okata, “Access to University Education in Nigeria Challenges and Way Forward” (2015) 9(1) International Journal of Research 46-60, 47. See also Rotimi Lawrence Oyekanmi, “Issues in 2012 Education Ministry Report” (The NEEDs Report) The Guardian Thursday 25 July 2013 49.
Art 1(2) of the UNESCO Convention against Discrimination in Education 1960. Taiwo (n 1 above).
Article 26(1) UDHR,(n 2 above),Article 13(2) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 came to be by the General Assembly Resolution 2200 (xxi), 21 UN GAOR Supp (No 16 at 49).
Article 17(1) of the African Charter on Human and Peoples Rights. The Charter was ratified and domesticated vide the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act in accordance with sec 12 of the 1999 Constitution. See also Fawehinmi v Abacha (2000) 6 NWLR Part 660, 228 has equally held that the Charter is part of the Nigerian Law.
Section 18(1) CFRN (n 2).
Article 22 UDHR (n 2).
Article 13(4) of ICESCR 1966.
UDHR 1948.
U.S Udoh and A.I Atanda, “Staff Students Ratio and Education Quality of Undergraduates Programme in the University of Ibadan” (2020) 13(2) African Journal of Educational Research and Development (AJERD) 40-62 See also OECD, Students Per Teaching Staff” https://www.oecd.org/en//data/indicators/students-per-teaching -staff.html (Accessed 20 January 2025).A See also Adedipe, N.O., “Strains and Stresses in the Nigerian University System: Sustainable Quality Assurance Prospects by Private Universities,” being the third convocation lecture of Al Hakimah University, 12 https://alhikimah.edu.ng/wp.content/uploads/2013/11/strains-and-stresses-nigerian-university-system-sustainable-quality-assurance-prospects-private-universities(accessed 05 November 2024).
Ibid.
Comfort R Etor et al, “Access and Resource Allocation to Education in Nigeria” (2020) 13 (3) International Education Studies 79-89, 84. See also Isa Abdulsalami, “Provost Laments Non-Accreditation of Courses 38 Years After School’s Establishment” The Guardian Thursday 3 April 2014 48.
Adedipe (n 13 above).
Section 1(2)(C) of the University of Ibadan(UI) Act, Cap U6, Laws of the Federation of Nigeria, 2004.
C U Ukozor et al, “Higher Education in Nigeria : Problems and Solutions” (2022)3(6) Central Asian Journal of Social Sciences and History 243-252, 245.
Fagbemi, (n 1 above) 173.
Douglas Hodgson, The Human Right to Education 4. See also Taiwo, (n 1 above), 34.
Art 1(2) of the UNESCO Convention against Discrimination in Education 1960. Taiwo (Ibid0
Comfort Etor et al.(n 15) 79-89.
Right to education is contained in international and regional instruments like Article 11 of the African Charter on the Rights and Welfare of the Child (1990) (ACRWC); and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (2003) (African Women's Protocol). Isokpan, A.J. and Durojaye,E, “Impact of the Boko Haram Insurgency on the Child's Right to Education in Nigeria” ((2016)(19) Potchefstroom Electronic Law Journal 3.Nigeria ratified and domesticated the African Charter vide the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act. Cap A9, Laws of the Federation of Nigeria, 2004, the Act domesticates the Charter in accordance with sec 12 of the 1999 Constitution. Fawehinmi v Abacha (2000) 6 NWLR Part 660, 228 held that the Charter is part of Nigerian Law.
Article 26(1) UDHR 1948.
Section 18(3) CFRN 1999. Article 26(1) UDHR 1948 to the effect that States shall attend positively to the realisation of the right to education at the various levels of education.
Taiwo ( n 1 ) 180.
The Polytechnic Ibadan, Information Handbook for HND Students 2011/2012 Session (Adesesan Graphic Press Ltd, Nigeria) 5.
See Andreas Schleicher in Yojana Sharma, “A Focus On Skills Increasingly Links Higher Education With Employment” www.universityworldnews.com/article.php?story=20130103154436919 (accessed 18 January 2025).
Education Act (n 4).
See also Article 2(1) ICESCR (n 7).
Article 13(4) of ICESCR, (n 7).
Section 1(2)(c) of the University of Ibadan Act mandates the university to provide facilities for the pursuit of learning and acquisition of liberal education essential for teaching and impartation of knowledge, (n 18 ).
O.M Madu and O. Adebiyi, “School Enrolment Growth and Carrying Capacity of Universities in Imo State Nigeria, (2021) 5(6) International Journal of Recent Innovations in Academic Research,23-32,23.
Ibid.
VO Ebuara et al,“Managing School Carrying Capacity for Effective Teaching and Learning in Public Universities in Nigeria” 2020 60(3) European Journal of Social Sciences, 177 https://www.europeanjournalofsocialsciences.com/ accessed 28 December 2024.
Iyabo Lawal, “Higher Education: More Varsities or Better Quality” The Guardian, 31 December 2024 https://guardian.ng/feature/education ( accessed 2 January 2025).
Ibid.
National Universities Commission (NUC) Bulletin, Vol 16 No.38, 18 October, 2021, https://www.nuc.edu.ng/wp.content/uploads/2021/10/18th-Oct 21-MB.pdf (Accessed 11 January 2025).
National Universities Commission (NUC) Bulletin, Vol 17 No.32 pg 17-18, 12 September, 2022, https://www.nuc.edu.ng/wp.content/uploads/2021/10/18th-Oct 21-MB.pdf (Accessed 11 January 2025).
National Universities Commission (NUC) Bulletin, Vol 18 No.50 pg 20-22, 25 December, 2023, https://www.nuc.edu.ng/wp.content/uploads/2024/01/25th-December-2023-compressed..pdf (Accessed 11 January 2025).
National Universities Commission (NUC) Bulletin, Vol 19 No.09 pg 23-25, 26 February, 2024 https://www.nuc.edu.ng/wp.content/uploads/2024/02/26th-February 2024-compressed..pdf (Accessed 11 January 2025).
Adekunle Dada, “List of JAMB Cut-Off Marks for Universities, Polytechnics in the Last 10 Years. June 30 2023, https://www.legit.ng/education/1541789 (Accessed 11 January 2025).
Ibid. See also National Universities Commission, “Jamb Pegs Cut Off Mark at 140 for Varsities, 100 for Polytechnics, Others, https://www.nuc.edu.ng/jamb- pegs- cut- off- mark- at- 140- for-varsities- 100- for-polytechnics- others (Accessed 11 January 2025).
Henry Tyohemba, “Varsities, Others Face Criticisms Over 2024 Minimum Jamb Cut- Off Score”, Leadership Newspaper, https://leadership.ng/ varsities- others- face- criticisms- over- 2024- minimum- jamb- cut- off -score/(Accessed 11 January 2025).
Ebuara, V. O et al,“Managing School Carrying Capacity for Effective Teaching and Learning in Public Universities in Nigeria” 2020 60(3) European Journal of Social Sciences, 177 https://www.europeanjournalofsocialsciences.com/ accessed 28 December 2024.
See Article 22 UDHR.
Article 2(1) of ICESCR (n 7 above).
Article 2(1) of ICESCR; Article 22 UDHR (n 3); See Emmanuel Uchenna Ohaegbulem and Samuel Chimunaya Chijoke, “On Nigeria’s Budgetary Allocations to the Educational Sector(1960-2023) in View of UNESCO’s Benchmarks” (2023) 11(4) International Journal of Mathematics and Statistics Studies 32-74,42, https://doi.org/10.37745/ijmss.13/vol11n1119, and https://eajournals.org (Accessed 4 November 2024).
Article 2 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) See also Stanley Ibe (n 2) 197-198.
Article 22 UDHR, (n 3).
Orago, N.W. “Limitation of Socio-Economic Rights in the 2010 Kenyan Constitution: A Proposal for the Adoption of a Proportionality Approach in the Judicial Adjudication of Socio-Economic Rights Disputes” (2013)(16)5 Potchefstroom Electronic Law Journal185. See also Tsegaye Regassa, “Making Legal Sense of Human Rights: The Judicial Role in Protecting Human Rights in Ethiopia” (2009) 3(2) Mizan Law Review 313.
This forms the basis on which the right to education under the Directive Principles of State Policy is not a subject of judicial determination. See section 6(6)(c) and Chapter II of CFRN 1999.
Since Okogie v Attorney General of Lagos State was decided, legal actions have not succeeded in holding the Government up to its minimum responsibility. (1981) 2 NCLR 350. See also Ibe (n 2) 201.
Ibid.
Peters, A, “Building Human Capital for Sustainable Development: Role of the University,” paper delivered at the University of Ibadan, 2013 Registry Discourse, Thursday 26 September 2013 26; Saint et al ‘Higher education in Nigeria: A status report’ (2003) Higher Education Policy 20; Michael Oseni, “Adequacy of Budgetary Allocation to Educational Institutions in Nigeria’ (2012)3(1) Pakistan Journal of Business and Economic Review 153.
Ibid.
Nigerian Institute of Social and Economic Research, “Analysis of Approved 2024 Federal Government Budget,” https://niser.gov.ng/v2/wp-content/upload/2024/02/2024-Federal-Budget-Analysis.pdf (Accessed 18 January2025).
Qosim Suleiman, “2023 Budget: Buhari. Proposes More Money for Education, But Allocation Still Below UNESCO Recommendation”, Premium Times 11 November 2022, https://www.premiumtimesng.com/news/564746-2023-budget-buuhari-proposes-more-money-for-education-but-allocation-still-below-unesco-recommendation (accessed 5 November 2024).
UNICEF, “UNICEF Warns of Nigerian Education Crisis as World Celebrates International day of Education Amid COVID-19 Concerns”, UNICEF Press Release. 24 January 2022, https://www.unicef.org/nigeria/press-releases/unicef-warns-of-nigerian-education-crisis-as-world-celebrates-international-of-education ( accessed 3 November 2024).
Alfred Olufemi, “Buhari’s 2021 Budget Share for Education is Nigeria’s Lowest in 10 Years” Premium Times 24 October 2020, https://www.premiumtimesng.com/news/headlines/422829- buhari’s- 2021-budget-share-for- education-is-nigeria’s-lowest-in-10-years.html (Accessed 4 November 2024).See also Ohaegbulem & Chijoke, (n 48).
Ohaegbulem & Chijoke (n 48).
See Article 26(1) of the UDHR, 1948; See also Section 18(1) of Chapter II CFRN.
Soobramoney v the Minister of Health (Kwazulu-Natal) 1998 1 SA 765 (CC).
Temitope Kareem, “The Effect of Low Budgetary Allocation on Education” Edugist, November 11 2024, https://edugist.org/the-effects-of-low-budgetary-allocation-on-education/ (Accessed 18 January 2025).
Kelvin Ebiri, “VC of Uniport Hinges Varsities’ Survival on Increased Fees” www.ngrguardiannews (Accessed 18 January 2025).
Kingsley Edinoh et al, “Implications of Fees Hike in Tertiary Institutions in Nigeria” (2023) 2(7) Best Journal of Innovation in Science., Research and Development, https://www.researchgate.net/ publication/372769845 (accessed 6 November 2024).
Section 19A of the Education (National Minimum Standards and Establishment of Institutional) Act of 1993.
Article 13(4) ICESCR
Adedipe (n 13 above).
Adedipe (n 13 above).
National Universities Commission (NUC) Bulletin, Vol 19 No.09 pg 23-25, 26 February, 2024 https://www.nuc.edu.ng/wp.content/uploads/2024/02/26th-February 2024-compressed..pdf (Accessed 11 January 2025).
Michael Paul Pilani et al, “Private Universities in Nigeria :Their Emergence, Proliferation, Significance and Funding” (2023) 12(11) International Journal of Innovative Research and Development, 34-40.
Adelowo Adebumiti, “Why Private Varsities are Yet to Bridge Admission Gap”, The Guardian 21 April 2022, https://guardian.ng/features/ why-private-varsities-are-yet-to- bridge-admission-gap (accessed 3 November 2024). See also Francis O. Egbokhare, “Rescuing the Education Sector in Nigeria : The Role of Private Universities” Dominion University Matriculation Lecture 21 February 2023, https://www.dominionuniversity.edu.ng/wp.content/uploads/2023/03/(Accessed 19 January 2025).
Pilani et al (n 72) 34-40.
Legit, “Top 15 Best Private Universities in Nigeria 2024-2025 and their Fees” https://www.legit.ng/1090423(Accessed 19 January 2025).
Edinoh et al (n 66) 415-426.
Art 1(2) of the UNESCO Convention against Discrimination in Education 1960.
UDHR (n 3 above).
Section 18(1) of Chapter II of 1999 Constitution Cap C23, LFN, 2004; article 13(2) CESCR (n 5 above).
Meghana Vyas, “Traditional Learning Students Insights” (2022) 13(7) Journal of Pharmaceutical Negative Results, DOI:10.47750/pnr.2022.13.So7.502, https://www.researchgate.net/publication/373603187 (Accessed 19 January2025).
Ibid.
Wasal Khan et al, “Traditional and Online Learning : Student Perception Survey” 4th International Multidisciplinary Conference of Global Prosperity through Research and Development Held at Sarhad University of Science and IT Peshawar, Pakistan https://www.researchgate.net/publication/328723209 (Accessed 19 January 2025).
Ibid.
See Mohammed Abubakar , “VCs Seek Secure Varsities, Ban Frivolities” The Guardian Tuesday 16 October 2012 19.
Adedipe (n 13 above).
Paul Emeka Okeke “Effect of Adequate Academic Staff -Mix on Staff Job Performance in South-Eastern Nigeria Universities” (2023) 3(2) KIU Journal of Education (KJED) 31-40,
Adedipe (n 13 above); N.J Ogunode et al, “Problems facing Academic Staff of Nigerian Universities and the Way Forward” (2022) 4(1) International Journal of Integrated Education 230-241,233.
See Adedipe (n 13 above)
Oyekanmi (n 5) 49.
Dapo Asaju, “Transformative Economy and the Japa Syndrome in Nigeria” Convocation Lecture delivered at the 2023 Convocation of Redeemer’s University, Ede, on 6th September 2023.
Lawrence Oyekanmi, ‘Report Exposes Rot in Public Varsities, Proposes 189 Recommendations’ The Guardian (Thursday 15 November 2012) 47.
Adedipe (n 13 above)
Productivity of most academic at this age bracket may not be guaranteed on account of health challenges, low or no motivation for research. See for instance, Charles B. Craver, “Implications of the Elimination of Mandatory Retirement for Professors’ (1989-1990)(16) Journal of College and University Law 344 345.
UI Act (n 17 above).
See also Section 1(3)(b) of University of Lagos (Unilag) Act, Cap U9, LFN, 2004.
Inemesit Akpan-Nsoh “FG Plans to Make Hostel Accommodation Compulsory in Varsities”The Guardian Monday 2 November 2015 5.
Oluwaseyi Shaba, “Gunmen Kill 300 Level Ondo Varsity Student” 23 July 2024 Punch, https://punchng.com (Accessed 19 January 2025).
Uthman Salami, “Female Kano Varsity Student Found Dead in her Apartment” May 2 2024, Punch, https://punchng.com (Accessed 19 January 2025).
“UNILAG Students Protest Against ‘Epileptic’ Power Supply” April 7 2016, The Nation Newspaper https://thenationonline.net/unilag-students-protest-against-epileptic-power-supply/ (Accessed 19 January 2025).
Isa Abdulsalami “Provost Laments Non-Accreditation of Courses 38 Years After School’s Establishment” The Guardian Thursday 3 April 2014 48.
Agabus Pwanagba, “NUC Accredits 17 Academic Programmes in Plateau State University after 10 Years of Establishment”Daily Post 21 March 2016 https//dailypost.ng/2016/03/21 (Accessed 6 November 2024).
The College was refused accreditation because it was operating on its temporary site. Isa Abdulsalami, (n 100)
Saxone Akhaine, “Rectors Pledge Improved Academic Training with New Equipment” The Guardian Thursday 15 December 2011 47.
Ibid.
Victor Olugbenga Ayoko et.al, “Inadequacy of Infrastructural Facilities in Public Universities in Nigeria: Causes, Effects and Solutions” (2023) 6(3) International Journal on Integrated Education 36-48. While access remain inadequate, the few that manage to make university admission endure on account of inadequate infrastructure for learning and as such risk being expelled for inability to cope academically, .See also Ujunwa Atueyi, “Concerns over freshmen’s inability to cope with studies’ The Guardian 17 March 2016 41.
See also Article 13(1) ICESCR (n 7).
UNESCO, Information and Communications Technologies.
See also Section 1(3)(b) of University of Lagos (Unilag) Act, Cap U9, LFN, 2004.
Stella Timotheou et al, “Impacts of Digital Technologies on Education and Factors Influencing Schools Digital Capacity and Transformation: A Literature Review” (2023) 28 Education and Information Technologies 6695-6726 . See NOUN http://the nationonlineng.net/nounvc-strikes-will-soon-go extinct/ (Accessed 20 January 2025).
See Jo-Anne Murray et al, “Use and Perceptions of Second Life by Distance Learners: A Comparison With Other Communication Media” (2015) (30)(1)International Journal of E-Learning and Distance Education 2.
Fawzi Fayez Ishtaiwa, et al, “‘Faculty Members' Perceptions of the Integration, Affordances, and Challenges of Mobile Learning” (2015)(30)( 2) International Journal of E-Learning and Distance Education 1. NOUNiLearn is a platform to realize better access to excellent quality education. The platform provides online class discussions organised by NOUN facilitators thereby creating a virtual classroom environment. See http://www.nou.edu.ng/ilearn.htm (Accessed January 2025).
Ishtaiwa, et al n 111.
Vincent Tenebe, “Distance Learning Promotes Academic Freedom,” Punch Newspapers 28 February 2016.
Adrian Hallbeing, “The Top 4 Countries that have Developed E-Learning” E Learning Industry May 12 2021,https://elearningindustry.com Accessed 20 January 2025). The United States of America, China, India and South Korea with E-learning have recorded enviable access to learning.
Tenebe, (n 113). The NOUN operates an e-library by which all students have access to internet facilities, books, journals, projects, thesis and other educational materials without any complaint on adequacy of space or materials. NOUN, https://nou.edu.ng/library/ (Accessed 20 January 2025.).
NOUN,https://nou.edu.ng/historical-background -of- noun (Accessed 20 January 2025).
Ibid.
NOUN, https://nou.edu.ng (Accessed 20 January 2025).
Ibid.
Ibid.
Ibid.
Maha Telmesani, “Faculty’s Perceptions of Online Education: A Qualitative Study,” <https://umanitoba.ca/faculties/education/media/Telmesani-10.pdf>pages 11 & 13 (accessed 18 October 2024).
Ibid.
See NOUNiLearn (n 111).
See Osun State Website, “Opon Imo: How Aregbesola Laid the Foundation for Digital Education”, News January 20 2017, https://www.osunstate.gov.ng/2017/01/opon-imo-how-aregbesola-laid- the- foundation- for-digital-education (Accessed 21 January 2025).
Tunde Ogunesan, “FG to Establish ICT University” Nigerian Tribune 2 November 2016 30.
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