Towards a Justiciable Right to Basic Education in Nigeria: A Commentary on the Decision of the Court on the Legal Defence and Assistance Project (LEDAP)v Federal Ministry of Education

The right to basic education is a fundamental human right which is recognised globally for its vital role in the transformation of individuals and society in general. The right to basic education is enshrined in the Nigerian Constitution, 1999 as amended as a Directive Principle of State Policy. The right is also recognised in various international and regional instruments of which Nigeria is a signatory. However, unequal access to quality education, inadequate infrastructure and teacher shortages have continued to hamper the enjoyment of this right. The failure of the government to ensure the adequate enjoyment of this right underscores the importance to ensuring accountability of a legally enforceable right to education in Nigeria. The Legal Defense and Assistance Project (LEDAP) v Federal Ministry of Education case presents an opportunity for the courts to once again provide clarity on the nature of the right to basic education. This case marks a significant judicial intervention in the enforcement of the right to basic education as enshrined in the Nigerian Constitution, legislation and international human rights instruments. The article examines the court's interpretation of the constitutional and legislative provisions on the right to basic education, highlighting the court's rationale in affirming the justiciability of the right to basic education. Furthermore, the article examines the broader effect of the decision on the government's commitment to fulfilling its educational obligations in the Constitution and under international law, highlighting the role of the judiciary in enforcing the educational right. The paper argues that while the court's decision marks a significant step towards realising the right to basic education, there is a need for sustained advocacy and government accountability for the right to basic education to become a tangible reality for children in Nigeria.