Benue State University, Makurdi

CONSTITUTIONAL PARADOXES IN THE PROTECTION AND FULFILMENT OF RIGHTS TO EDUCATION IN NIGERIA

Osawaru, Arasomwan Endurance
Department of Educational Foundations, Faculty of Education, University of Benin

Prof. (Mrs.) B. O. J. Omatseye
Institute of Education, University of Benin

Abstract

The quest for protection of rights is often times controversial. Such controversies arise from differences in ideological and philosophical perceptions especially in the context of the universalization of human rights.This trend is quite evident in the rights to education discourse. In Nigeria the problem of section 6(6) of the constitution are non-justiciable. This unjusticiability has far reaching implications for contextualization, protection and fulfillment of rights to education in Nigeria. In this paper, an attempt was made to analyse these qualifying and similar clauses and their effects on the conceptual interpretation and protection of rights to education in Nigeria in the light of human rights to education declaration and International Convention on Economic, Social and Cultural Rights (ICESCR). Drawing on this analysis, the paper submits that the right to education can indeed be made enforceable and amendable to judicial implementation with the right legislative mechanism in place.

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