LEGAL AND INSTITUTIONAL CHALLENGES TO THE REALIZATION OF THE CHILD’S RIGHT TO EDUCATION IN NIGERIA

Education remains the cornerstone of human development and a vital instrument for the realization of other human rights.However, the protection of the child's right to education in Nigeria faces persistent obstacles despite its recognition under international, regional and national legal frameworks.That the enactment of the child right of 2003 and the Universal Basic Education Act of 2004 to enhance the right of the Nigerian child to education has not yet yielded the desired results.Furthermore, the inclusion of the child's right to basic education in Chapter II of the Constitution of Nigeria, 1999 (as amended) is not only cosmetic but ineffectual.Although the rights contained in Chapter II of the 1999 constitution particularly the rights of education are regarded as fundamental rights, their non justiciability unlike the rights contained in Chapter IV of the constitution, makes a mockery of the right of the Nigeria child to education.This paper examines the legal foundations of the child's right to education and analyses the multifaceted challenges impeding its full realization, including poverty, insecurity, cultural barriers, gender inequality and weak institutional enforcement.Employing a doctrinal research methodology, it draws upon statutes, judicial decisions and scholarly commentary to assess Nigeria's compliance with global standards.The paper concludes by offering pragmatic recommendations for legal and policy reforms to strengthen the protection and enforcement of the child's right to compulsory quality education.

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Publication Details

Journal
UDUS Law Journal
Published
2026-02-25
DOI
https://doi.org/10.61955/uqjkdo
Primary Topic
African Education and Politics
Type
article
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article

LEGAL AND INSTITUTIONAL CHALLENGES TO THE REALIZATION OF THE CHILD’S RIGHT TO EDUCATION IN NIGERIA

DR. DR.
UDUS Law Journal
African Education and Politics
article

LEGAL AND INSTITUTIONAL CHALLENGES TO THE REALIZATION OF THE CHILD’S RIGHT TO EDUCATION IN NIGERIA

DR. DR.
article en

Abstract

Education remains the cornerstone of human development and a vital instrument for the realization of other human rights.However, the protection of the child's right to education in Nigeria faces persistent obstacles despite its recognition under international, regional and national legal frameworks.That the enactment of the child right of 2003 and the Universal Basic Education Act of 2004 to enhance the right of the Nigerian child to education has not yet yielded the desired results.Furthermore, the inclusion of the child's right to basic education in Chapter II of the Constitution of Nigeria, 1999 (as amended) is not only cosmetic but ineffectual.Although the rights contained in Chapter II of the 1999 constitution particularly the rights of education are regarded as fundamental rights, their non justiciability unlike the rights contained in Chapter IV of the constitution, makes a mockery of the right of the Nigeria child to education.This paper examines the legal foundations of the child's right to education and analyses the multifaceted challenges impeding its full realization, including poverty, insecurity, cultural barriers, gender inequality and weak institutional enforcement.Employing a doctrinal research methodology, it draws upon statutes, judicial decisions and scholarly commentary to assess Nigeria's compliance with global standards.The paper concludes by offering pragmatic recommendations for legal and policy reforms to strengthen the protection and enforcement of the child's right to compulsory quality education.

UDUS Law Journal
Usmanu Danfodiyo University (NG)
Openalex Percentile: Top 44%
African Education and Politics
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