By Adetokunbo Mumuni
In the letter dated 1 June 2011 and signed on behalf of the groups by SERAP Executive Director Adetokunbo Mumuni, the groups said that, “We note that Nigeria has ratified the International Covenant on Economic, Social and Cultural Rights. We also note that Nigeria has the resources and capacity to implement the ECOWAS Court right to education judgment if the government is able to exercise the required political will.” “By fully and effectively implementing the ECOWAS Court judgment, your government will also send a strong message that your government is ready and willing to make substantial investments into the country’s most valuable resources: children,” the groups added.
According to the groups, “The implementation of the judgment by your government will be consistent with your very courageous action of signing into law the Freedom of Information Act, and other important initiatives you are taking in support of human rights. It will also strengthen your role as the current Chair of the Authority of Heads of State and Government of ECOWAS and show good example for states to implement ECOWAS treaties and decisions.”
The groups insist that, “We believe that by the judgment, your government is required to review the effectiveness of the existing domestic legal and constitutional remedies for the enforcement of the human right to education, and to take steps to address structural or general deficiencies in national law or practice.”
The groups also noted that, “Article 15(4) of the ECOWAS Treaty makes the Judgment of the Court binding on Member States, including Nigeria. Also, Article 19(2) of the 1991 Protocol provides that the decisions of the Court shall be final and immediately enforceable.”
The groups therefore urged President Jonathan to:
➢ Publicly acknowledge and welcome the ECOWAS Court right to education judgment, and to express your government’s commitment to complying fully and effectively with the judgment
➢ Urgently institute a mechanism to review legal and constitutional remedies for the right to education and bring them into line with the ECOWAS Court judgment
➢ Make available funds that can be used to replace stolen education funds and cater for the children that have been left behind as a result of the corruption in the UBEC
➢ Work with the anti-corruption agencies to ensure the effective prosecution of those responsible for the theft of the UBEC funds, and the full recovery of stolen funds. Also, promote the expansion of the mandates of the anti-corruption agencies to ensure specific monitoring and transparency spending of education funds
Following a case instituted against the Nigerian government, the ECOWAS Community Court of Justice in November 2010 delivered a ground-breaking judgment requiring the government to provide as of right, free, quality, and compulsory basic education to every Nigerian child.
However, since the judgment was delivered in November 2010, the government has neither acknowledged the judgment nor taken steps to implement the letter and spirit of the judgment. Since the judgment was delivered, more than 12 million Nigerian children of school age still roam the streets and have no access to primary education; 115 million adults are illiterate. Nigerian children still lack access to quality primary education in Nigeria.
The suit had alleged violation of the right to quality education, the right to dignity, the right of peoples to their wealth and natural resources and to economic and social development guaranteed by Articles 1, 2, 17, 21 and 22 of the African Charter on Human and Peoples’ Rights.
The court in its well-considered judgment ordered the government to make adequate provisions for the compulsory and free education of every child forthwith.
The court also asked the government to ensure that the right to education is not to be undermined by corruption. The ECOWAS Court held that the UBEC has the responsibility to ensure that funds disbursed for basic education are properly used for this purpose.
The Court also noted that there was prima facie evidence of embezzlement of funds on the basis of the reports of the Independent Corrupt Practices Commission (ICPC). The Court stated that while steps are taken to recover funds and/or prosecute the suspects, the Nigerian government should provide the funds necessary to cover the shortfall in order to avoid denying any of its people the right to education.
Signed
Adetokunbo Mumuni
SERAP Executive Director
FOR:
International Commission of Jurists (ICJ), Geneva
INTERIGHTS, London
Nigeria Union of Teachers (NUT),
Nigerian Guild of Editor (NGE),
Socio-Economic Rights and Accountability Project (SERAP)
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