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1
CENTURY JOURNAL OF HUMAN RIGHTS
VOLUME 12 NUMBER 1 (2022) 1- 16
ISSN 2045-8398 (Print) ISSN 2045-8517 (Online)
Publishers: Top-Journals, England, United Kingdom
Websites: www.topjournals.co.uk
Established 2010
NON-KINETIC APPROACH TO INSECURITY IN NIGERIA:
INVIGORATING THE STATE’S CONSTITUTIONAL RESPONSIBILITY
FOR EDUCATION
Yakusak Aduak and Dauda Dewan U.
*
ABSTRACT
The pervasive spectre of insecurity in Nigeria in the form of
banditry, sectarian conflicts, sporadic coordinated attacks by
unknown gunmen and kidnap for ransom, especially of students
resulting in the closure of several schools, has dominated
conversations around governance systems in Nigeria between
2015 and 202
2
. The essentially kinetic government approach,
through the security agencies, appears to be yielding infinitesimal
results. The use of non-kinetic methods alongside military efforts
has been variously admonished by experts. Consequently, this
work argued that deliberate investments in the educational sector
are imperative if significant progress is to be made. The
constitutional and legal framework guiding the government’s
responsibility for education in Nigeria was examined, especially
against the backdrop of the constitutional non-justiciability of
Chapter II thereof on social and economic rights. It was argued
that the animation of the rights is a sine qua non for bolstering
the government's role in education and consequently reducing
insecurity.
Keywords: Constitution, Insecurity, National Orientation, Laws
1. INTRODUCTION
The subject of insecurity has dominated public discourse in Nigeria for a long
time but has taken center stage between the years 2019 and 2022. While
armed robbery, cultism, kidnapping, and oil bunkering have had a fairly long
stint, especially in the south-south, southeast, and southwestern regions of
Nigeria, insurgency and terrorism especially in the north-east, west, and
central parts of Nigeria have reared their heads in the last two decades.
Nigeria’s high level of insecurity in the last couple of years has been
exacerbated beyond insurgency to include banditry and organized
________________
*
Yakusak Aduak is Lecturer at the Nigerian Law School, Yola Campus and can be
reached on +2348025439562 or servantchoice14@gmail.com. Dewan Dauda teaches
at the Dr. Nabo Graham-Douglas Campus of the Nigerian Law School, Port Harcourt
and can be reached at +2348069336171 or dewandauda@nigerianlawschool.edu.ng.
Yakusak Aduak and Dauda Dewan U. C
JHR Vol. 12 (1) 2022 pp 1- 16
2
kidnapping.
1
Nearly all regions of the country have been affected. Several
reasons ranging from poverty, unemployment, corruption, bad leadership,
weak security system, weak judicial system, religious extremism, rural-urban
drift, etc., account for insecurity in Nigeria.
2
Education or the absence of it is one major determinant of security or
insecurity in a society. Zukang
3
links education to the acquisition of genuine
wealth and happiness, whereas the lack of it exacerbates one's level of
ignorance and leads to poverty, unhappiness, and sometimes the commission
of crimes. He argues that the relationship between the lack of education,
poverty, and poor health conditions diminishes opportunities for social and
economic advancement which often leads to criminality.
4
This link between
the lack of education and criminality or insecurity is evident in Nigeria in that,
the perpetrators and the regions where these cases of insecurity are rife
correlate directly with the regions that have more out-of-school children. Also,
most of the apprehended culprits of these crimes are uneducated.
This paper examines the legal framework for the provision of education in
Nigeria especially the constitutional responsibility of government for
education. It highlights the weaknesses of the legal regime which accounts for
the high incidence of insecurity in Nigeria. Recommendations are made on
how to strengthen the legal framework for the provision of education to reduce
insecurity to complement the military or kinetic effort of the government to
tackle the malaise.
2. INSECURITY IN NIGERIA
Insecurity is simply the absence of security. Security is considered a dynamic
situation that includes the capacity of the State/Country to ward off any
threats to its deep-rooted values and interests.
5
Security of lives and properties
is the fundamental reason for the existence of a government in the first place
as attested by the various social contract theorists.
6
Prevention of aggression to
the individual both from within and without and securing for him the leverage
to optimize his potentialities towards economic and social development is part
of the content of security. Security entails the absence of threats to peace,
stability, national cohesion and integration, and the political and socio-
economic objectives of a nation.
7
Therefore, insecurity must mean the absence
________________
1
Tony I., ‘Nigeria’s Insecurity: Definitions & Classifications,’ Vanguard Newspaper,
Wednesday, 22nd Feb. 2022 www.vanguardngr.com/2021/03/nigerias-insecurity-
definitions-classifications/ Accessed 21st June 2022.
2
Is’haq, A. B. et. al., ‘Education and Insecurity in Nigeria’ (2019),
www.researchgate.net Accessed on 6
th
June, 2022.
3
See Dambazau, A. 'Education, Security, and National Development: The Case of
Nigeria.' Paper Presented at the 61
st
Interdisciplinary Research Discourse, The Post
Graduate School, University of Ibadan (2014).
4
Ibid.
5
Omede, J. ‘Reformatting Nigerian Secondary and Post-Secondary Education to Meet
Unemployment and Security Challenges in Nigeria in the 21
st
Century’ Research
Journal in Organizational Psychology and Education Studies RJOPES (2012)
6
Bill of Rights in Action, 'Holmes, Locke, Montesquieu, and Rousseau on Government’.
20:2 (2004) https://www.crf-usa.org/bill-of-rights-in-action/bria-20-2-c-hobbes-
locke-montesquieu-and-rousseau-on-government.html Accessed on 6th June, 2022.
7
Ozoigbo, B. I., ‘Insecurity in Nigeria: Genesis, Consequences and Panacea’,
European Journal of Social Sciences Studies, Vol 4. No. 4. 2019,
www.oapub.org/soc, doi: 10.5281/zenodo.3531844. Accessed 24
th
February,
2022.
Yakusak Aduak and Dauda Dewan U. C
JHR Vol. 12 (1) 2022 pp 1- 16
3
of safety or the presence of danger; hazard; uncertainty; want of confidence;
doubtful; inadequately guarded or protected; lack of stability; trouble; lack of
protection, and unsafe.
8
Insecurity can make one lose confidence, be afraid,
unsettled, oppressed, lose focus, and be devastated and lose one's humanness.
9
Insecurity suggests a situation of anarchy, whereas Thomas Hobbes suggests,
human life becomes, 'nasty, brutish and short.'
10
The southwest of Nigeria is plagued by a surge in cybercrime, armed robbery,
kidnapping, domestic crime, extrajudicial killings, herder-farmer conflicts,
ritual killings, and banditry. The southeast is a haven for ritual killings,
commercial crime, secessionist agitation, kidnapping, herder-farmer clashes,
attacks by unknown gunmen, and banditry. The south-south remains
threatened by militancy, kidnapping, and environmental agitation. The
northeast has been subject to a humanitarian crisis lasting over a decade and
caused by the Boko Haram insurgency and the Islamic State in West Africa
Province. Meanwhile, the northwest is enmeshed in illegal mining,
ethnoreligious killings, and banditry. It is, therefore, that insecurity in Nigeria
has assumed a soft spot in political stance and that it has claimed thousands of
lives and extensive damage and loss of property. The global peace index for
2021 compiled by the Institute for Economics and Peace ranked Nigeria 146th
out of 163 countries with a score of 2.712, while among sub-Saharan African
countries, the country was ranked 39th out of 44 countries examined in the
region.
11
This has resulted in fear and a lack of confidence in the security
architecture in Nigeria. As a result, a lot of foreign governments in the last few
years have issued several travel advisories to their citizens intending to visit
Nigeria on account of the level of insecurity in the country.
12
A lot has been attributed to the immediate and remote causes of insecurity in
Nigeria. The causes range from economic imbalance and marginalization,
ethnoreligious crises, poor or weak security systems, porous borders and the
proliferation of weapons, politically induced crises, high unemployment, and
chiefly poor governance structures. Poor governance is the major cause of
insecurity because all the other causes result from the failure of the
government to discharge its responsibilities. What then are those major
responsibilities of government, the absence of which, likely results in
generalized insecurity? The primary function of any government anywhere is
the provision of basic amenities such as water, electricity, good road networks,
standard education, and general infrastructure. In Nigeria, these basic things
are not available and the people are generally demoralized and frustrated.
Logically, demoralization can be fertile ground for violence and general
insecurity. The lack of these basic amenities in Nigeria is not a result of
________________
8
Ibid.
9
Ibid.
10
Hobbes T, Leviathan Reprinted from the Edition of 1651 with an Essay by The Late
W.G. Pogson Smith, Oxford: Clarendon Press, 1965
11
Samuel A, ‘Insecurity: A Norm in Nigeria’, The Cable,
https://www.thecable.ng/insecurity-a-norm-in-nigeria Accessed 27th Feb. 2022
12
See United States Department of State- Bureau of Consular Affairs, Nigeria Travel
Advisory, January 20, 2022. Nigeria's advisory level is at level 3 meaning US citizens
should reconsider traveling to Nigeria due to insecurity reasons ranging from
kidnapping, terrorism, and a host of other activities
https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/nigeria-
travel-advisory.html Accessed on 18th June 2022.
Yakusak Aduak and Dauda Dewan U. C
JHR Vol. 12 (1) 2022 pp 1- 16
4
scarcity of funds, but rather, corruption,
13
absence of capacity and lack of
political will
14
to do the needful. Education of citizens, whether vocational or
formal tends to moderate the drive to engage in criminality and improves one
skill, thus making it more likely for one to be engaged in productive endeavors
other than crime. Of the results of bad governance, lack of education
contributes more to insecurity
3. INSECURITY AND DEVELOPMENT
While insecurity has been defined as the general absence of security, Walter
Rodney
15
insists that development cannot be seen purely as an economic affair,
but rather as an overall social process that is dependent upon the outcome of
man's effort to deal with his natural environment. He believes that
development is multi-layered so that it can be viewed from an individual level,
community level, or at the national level. Kayode Eso describes the
development as:
By development, we refer to the process by which a nation
moves from a low level of industrial capability, technological
sophistication, and economic productivity to a higher level.
16
The effects of insecurity on community development have over time been the
subject of analysis and the outcomes have largely been to the effect that no
meaningful development can take place in crises prone communities.
17
This is
because development can only thrive in a peaceful environment. Also, the
energy and resources of the community would be dissipated towards crisis
management. Resources that should have been used in providing much-
needed goods and services for the people are used in fighting insecurity.
Cooperation, highly desirable in community development is often absent
among the people since hatred, mistrust, and hostility reign in the
community.
18
The spate of insecurity in communities in North Central Nigeria for instance
has halted community development efforts and projects in recent years.
Notably, the incessant killings, kidnapping, armed robbery, cultist activities,
and electoral violence recorded in Benue, Kogi, Kwara, Nasarawa, Niger,
Plateau, and the Federal Capital Territory have left these areas in desolation as
most of the community members have fled the communities for fear of losing
their lives.
19
This situation has also resulted in the abandonment of projects
carried out by the people, government, and other donor agencies. For example,
some buildings in Logo and Ukum Local Government Areas in Benue State
________________
13
Odusote, G. and Aduak, Y. (2022). ‘Implementing the African Continental Free Trade
Agreement (AFCFTA) and the Challenges of Corruption in Africa.’ Open Journal of
Political Science 12, 321-336 https://doi.org/10.4236/ojps.2022.123019
14
Ibid
15
Rodney W, How Europe Underdeveloped Africa, London, and Dar-Es-Salaam:
Bogle-L’Ouverture Publications and Tanzanian Publishing House (1973)
16
Eso, K Thought on Human Rights and Education, Akinseye-George, Y. (Ed.) Ibadan:
St. Paul’s Publishing House, (2008) p.146
17
Imhabekhai, C.I. Management of Community Development Programs and Projects.
Benin City: University of Benin Press (2009)
18
Paul A. I. and Doosuur J. T., ‘Insecurity and Under Development in Nigeria. An
Analysis of Banditry in North Central Nigeria.’ https://ssrn.com/abstract=4239077
Accessed 9th Feb. 2022
19
Ibid
Yakusak Aduak and Dauda Dewan U. C
JHR Vol. 12 (1) 2022 pp 1- 16
5
which were initiated by the government to promote youth activities have been
abandoned halfway due to consistent violence perpetrated by the youths in
this area. Similarly, schools in Plateau State Axis were also abandoned due to
consistent killing and factional political violence.
20
This same effect of
insecurity on development at the local government, state, and regional level is
also true of countries as well as continents as is borne out by the case of Africa
as Walter Rodney demonstrates in his seminal work.
21
These clear examples indicate the effect of insecurity as an impediment to
development, so that time, resources, and energy necessary to improve an
individual, a community, country or continent is partly or fully unavailable for
development or is dissipated by insecurity. Thus, insecurity mostly impacts the
development of any society negatively. Realizing this, communities and
countries have adopted several methods to tackle insecurity. Most deploy the
military or kinetic approaches to curb insecurity. How successful has this
approach been?
4. KINETIC AND MILITARY APPROACH TO INSECURITY
As a proactive and aggressive approach, kinetic action targets enemy
combatants and their supporters to neutralize, capture or eliminate them. The
strategy that derives from it is termed the targeting strategy. It is direct and
relies on the use of force to deter or eliminate perpetrators of insecurity. The
non-kinetic approach is on the other hand in direct and non-aggressive.
Between the kinetic and non-kinetic approaches to combating insecurity, the
kinetic approach receives greater visibility. The capture of high-value targets
attracts headlines and engenders popular support. It also involves the use of
'boots on the ground' in that, the military, police, secret services, and all the
force apparatus of government are deployed to forcefully counter or suppress
threats to security. The subtlety and long-term duration of the non-kinetic
approach, as well as the patience and skill to implement it, receive far less
attention.
However, while experts acknowledge that kinetic action may be “urgent and
necessary,” it is believed that it is ‘not decisive’.
22
It is a holding action that
buys time for the indirect approach to have its decisive effect.”
23
This is the
weakness of the kinetic approach. Other weaknesses include the fact that it
reduces the chance of enduring reconciliation after the destruction that results
from it; it is expensive to engage in and also expensive to rebuild from its ruins
and it is not successful most times, especially in respect of ideological conflicts,
since the use of aggression may not necessarily deter the insurgents as the
Boko Haram experience has shown. Admittedly, some security challenges are
best handled by kinetic approaches and non-kinetic approaches may not be
suitable whether as the sole approach or as complementary.
The Chief of Army Staff in Nigeria, Major General Farouk Yahaya at the
unveiling of the Center for Security and Legal Studies at the University of
________________
20
Ibid.
21
Ibid n.16
22
Paul A. I. and Doosuur J. T., ‘Insecurity and Under Development in Nigeria. An
Analysis of Banditry in North Central Nigeria.’ https://ssrn.com/abstract=4239077
Accessed 9th Feb 2022
23
Roberts, N. and Everton, S.F. ‘Strategies for Combating Dark Networks’, Journal of
Social Structure, Vol. 12, p. 4
Yakusak Aduak and Dauda Dewan U. C
JHR Vol. 12 (1) 2022 pp 1- 16
6
Abuja in 2022, admitted that the military or kinetic approach to insecurity in
Nigeria alone will not resolve the crises. He stated that a combination of the
carrot and stick approach is necessary. According to him, the military is
embracing the non-kinetic approach because what is driving the insurgency in
the North East is ideology. As such education is needed to change the thinking
of insurgents who have been captured. This the military has done in Nigeria
through the 'operation safe corridor' by rehabilitating repentant insurgents
who have accepted the option of surrender. Non-kinetic approach, where
employed typically complements the kinetic approach and rarely is a
replacement.
5.
THE NON-KINETIC APPROACH – EDUCATION AS AN
ESSENTIAL COMPONENT
The point has been made that the non-kinetic approach refers to the strategy
of dealing with insecurity other than the use of aggression and it is essentially
non-invasive, indirect, and long-term. The non-kinetic approach is a less
aggressive means to counter insecurity. It involves a more subtle and patient
application of power by seeking to undermine perpetrators of insecurity, more
with the diplomatic and economic tools of national power than with the
military power, stressing inspiration rather than prescription”.
24
One can trace
its roots back to the ancient Chinese theorist Sun Tzu, who advised that direct
methods were used for joining battle, but indirect methods were used to secure
victory.
25
T.E. Lawrence and the strategist Lindell Hart echoed similar themes
in the 20th century, and the essence of their views is reflected in the
Quadrennial Defense Review:
To succeed in (irregular warfare), the United States must often
take an indirect approach, building up and working with others.
The indirect approach seeks to unbalance adversaries physically
and psychologically, rather than attacking them where they are
the strongest or in the manner they expect to be attacked.
This essentially underscores the complementary role of the non-kinetic
approach to dealing with insecurity. Its complementary role tempers the
weaknesses of the kinetic approach. The intent of the non-kinetic approach as
the kinetic approach is to secure the population’s safety and support and
undermine the enemy’s influence and control.
While the kinetic approach is essentially the task of the security apparatus of a
country using strategies peculiar to their operations, the non-kinetic approach
is carried out by both the security operatives and other actors on whose
expertise there may be a need to rely. Here it could be religious or health
experts, psychologists, educationists, etc. This is because, like the kinetic
approach, there are multiple means to accomplish the non-kinetic approach to
manage insecurity. These efforts include institution building, psychological
operations, information operations, rehabilitation, etc.
One of those critical institutions that significantly impacts security is
education. In securing the lives and property of every nation, education is an
________________
24
Roberts, N. and Everton, S.F. ‘Strategies for Combating Dark Networks’, Journal of
Social Structure, Vol. 12, p. 4
25
Ibid.
Yakusak Aduak and Dauda Dewan U. C
JHR Vol. 12 (1) 2022 pp 1- 16
7
essential tool. An educated population is an asset to a nation because
education promotes national security as it inculcates desirable human traits
like honesty, sincerity, hard work, punctuality, productivity, innovation,
patriotism, selflessness, brotherhood, friendship, etc. It also empowers people
by inculcating life-long skills and know-how thereby liberating the individual
from poverty and want.
26
If a nation is successful in developing (educating) its
people as strong and complete individuals, it will be able to realize a glorious
future for itself, promote peace within its boundary and defend its sovereignty.
However, if a nation fails to develop or educate its citizenry and makes them
deficient in carrying out some of the activities of life effectively, then that
nation is doomed to weakness, destruction, and obscurity.
27
The relationship
between education, poverty, and security, is evident in that the top ten most
literate nations in the world are at peace, while almost all of the top 10 least
literate nations in the world are in a state of either outright war or general
insecurity. Lower education levels are linked to poverty and poverty is one of
the chief causative factors of crime whether it is terrorism or militancy or
felonies.
28
It has been posited that counter-insurgency strategies are short-
term tools for securing a nation from insecurity while education provides a
long-term solution.
29
Malala
30
submits that eradicating global terrorism goes beyond the
proliferation and development of guns and drones, rather by spreading quality
education across the globe irrespective of region and culture because ‘through
wars and weapons we can only kill terrorists - but this ideology of terrorism
can only be ended through education,’ hence, swapping of textbooks and other
educational materials for drones and guns. Malala adds that education is key
to global security, therefore, there is a need for change in policies in every
nation of the world to cater holistically to the education of every citizen, which
in turn could enhance tolerance, patience, love for each other, and friendship
and harmony in society.
31
It could be concluded that sustainable global
security can only be achieved when education is made a priority by states and
their institutions.
6. Weak Educational System and Insecurity in Nigeria
It has been observed that the regions in Nigeria that have a low literacy level
are those with the highest insecurity indices. For instance, the northern region
of Nigeria has consistently recorded low percentages of success in nearly all
indices of education and has the highest levels of crime. This suggests that
there is a correlation between illiteracy and insecurity. Security has been
defined by Imobighe as; ' a feeling of being protected and freedom from
________________
26
Is’haq, A. B. et. al., ‘Education and Insecurity in Nigeria’ (2019),
www.researchgate.net Accessed on the 6
th
of June, 2022
27
Ibid.
28
Ibid.
29
Jonathan, E. G., There is a Nexus Between Education, Security and Development.
(2016). Retrieved from <https://guardian.ng/features/there-is-a-nexus-between-
education-security-and-development-says-jonathan/>
30
Malala, Y. ‘Education Key in Fight Against Terror.’ Sky News Exclusive Interview
https://news.sky.com/story/malala-education-key-in-fight-against-terror-10223391
Accessed 18th June 2022.
31
Ibid.
Yakusak Aduak and Dauda Dewan U. C
JHR Vol. 12 (1) 2022 pp 1- 16
8
danger, fear and anxiety, oppression, and unwarranted violence.'
32
It was
argued that national insecurity is a result of failure to address the special
needs of the people like hunger, poverty, illiteracy, unemployment, inequality,
and injustice among others.
33
The state of insecurity in the north has been
submitted to be attributable to the low literacy levels in the region, Akpan
argued as follows:
One of the greatest impacts of illiteracy is that it makes the affected
people have low self-esteem, and some of them are used by the elites
as pawns. It is contended that the spate of violence going on in
northern Nigeria is carried out by these illiterates.
34
While the free and compulsory education in the southwest of Nigeria in the
1960s and the influence of early contact of colonialist with the South East of
Nigeria enabled the region to be well ahead in terms of education of its
population, the Northern Region seems to be lagging and it has suffered the
highest incidence of poverty, lack, and general insecurity hugely driven by
ideology. Examples abound. The Maitatsine
35
insurrection in the 1980s, the
Boko Haram insurgency, and banditry in recent times are clear testimonies.
Attempts at improving education targeted at the street children prevalent in
the north, namely the Almajiri
36
and the children of herders or pastoralists
who hardly get any kind of education, whether religious or Western, through
nomadic education, have all failed. The failure of these two systems coincides
with the rise of insecurity in the region. What are these two education systems
and why did they fail?
The Almajiri system is a system of Islamic religious discipleship for children,
in which children are sent for Islamic instruction with a cleric. However, the
system is plagued with the abuse of these children in the form of engaging
them in street begging and scavenging, resulting in children attaining teenage
and young adults without having the skill or education to be able to fit into
society and be valuable to themselves and society. So, it becomes easy for them
to be recruited by masterminds into perpetrating heinous crimes. The Almajiri
model school therefore aimed at giving these vulnerable children Islamic
discipleship in the context of formal education. This system was meant to give
these children a better worldview through the lens of their religion, check
extreme indoctrination, and break the cycle of producing another generation
of street Almajiri.
The Nomadic system
37
on the other hand targets children caught up in the life
of herding, who are thereby denied any form of education because of their
pastoralist lifestyle which sees them travel several kilometers daily in search of
________________
32
See Akpan, D.A. ‘Youth Unemployment and Illiteracy: Impact on National Security,
the Nigerian Experience’, International Journal of Arts and Humanities (IJAH) Vol.
4 No. 2 (2015) pp. 62-71
33
Ibid
34
Ibid p. 69
35
Isichei, E. ‘The Maitatsine Risings in Nigeria 1980-1985: The Revolt of the
Disinherited.’ Journal of Religion in Africa, Vol. 17 No. 3 (1987): 194-208
36
Taiwo, F.J. ‘Transforming the Almajiri Education for the Benefit of the Nigerian
Society.’ International Letters of Social and Humanistic Sciences Vol 19 (2014): 244-
251
37
Umar, A. ‘Researching Nomadic Education: A Nigerian Perspective.’ International
Journal of Educational Research Vol. 33 No. 3 (2000): 231-240
Yakusak Aduak and Dauda Dewan U. C
JHR Vol. 12 (1) 2022 pp 1- 16
9
food for their animals. These nomads move from the north to the south part of
Nigeria and back in search of pasture for animals. The nomadic schools,
therefore, target these children to provide them with education at strategic a
place, while they go about their nomadic lives. It is therefore very difficult to
separate insecurity from illiteracy.
It is submitted that the collapse of the Almajiri model school system and the
nomadic school system happened almost simultaneously with the rise of crime
in the Northern part of Nigeria.
38
It has been argued in this work that
insecurity is one of the outcomes of a largely illiterate population and
inversely, a secure nation is the result of an educated population.
While there are so many factors that are responsible for insecurity in Nigeria,
including; poverty, unemployment, lack of education, and many other factors.
It is submitted that the lack of education is largely responsible for insecurity in
Nigeria.
39
It is hardly arguable that most if not all of the other factors that
contribute to insecurity are in some way connected to the lack of education.
40
It may be true to put forward the argument that even in states or countries
with higher levels of education, in terms of the percentage of the population
with a minimum of basic education, still battle insecurity and crime. However,
the crime rate and the types of crime that manifest in such societies, are not
such that can be found where the population is largely un-educated; crimes
committed with savage brutality that threatens the corporate existence of the
state.
41
A comparison for example, between Southern Nigeria, where there is a
high literacy rate with Northern Nigeria with a lower literacy level,
42
where the
structure of the society is fragile owing to the prevalence of insecurity proves
this. Therefore, it is not our argument that education eliminates the presence
of crime in a society, but that it reduces the incidence of crime.
7. THE LEGAL FRAMEWORK FOR EDUCATION IN NIGERIA
Having determined that there is a correlation between insecurity and the
educational level of a society, it is apposite to determine to what extent
Nigerian laws guarantee or have failed to guarantee the right to education.
Particularly that questions have been asked, as to whether there is indeed a
right to education in Nigeria.
43
It is against this background that it is intended
here to examine the legal framework for education in Nigeria. It is against this
background that it is expedient to state at the outset that the constitution and
several legislations constitute the legal framework for education in Nigeria.
________________
38
Sebastine A.I. and Obeta A.O., ‘The Almajiri Schools and National Security: A Critical
Analysis and Social Development Implication.’ Global Journal of Management and
Business Research: B Economics and Commerce Vol 15 No. 5 (2015)
39
Ibid
40
Friday, O.I. ‘Imperatives of Education and Security Challenges in Nigeria:
Implication for Education for All.’ Journal of Resourcefulness and Distinction Vol. 7
No. 1 (2014)
41
Human Rights Watch. ‘Those Terrible Weeks in Their Camps: Boko Haram Violence
Against Women and Girls in Northeast Nigeria.’ October 27, 2014.
https://www.hrw.org/report/2014/10/27/those-terrible-weeks-their-camp/boko-
haram-violence-against-women-and-girls Accessed on 18th June 2022.
42
Amzat, A. 'Despite Decades of Funding Literacy Levels Remain Low.' The Guardian,
24 July 2017. https://guardian.ng/news/despite-decades-of-funding-literacy-level-
in-the-northern-states-remains-low/ Accessed 18
th
June 2022.
43
See for instance Nwauzi, L. O. & George-Ibikiri, S, ‘The Right to Education in Nigeria:
An Appraisal’, African Journal of Law and Criminology, Vol. 8 No. 1 (2018) 12-21, p.
12.
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This is apart from international instruments that Nigeria is a signatory to,
which have provisions that touch on the provision of education in Nigeria. The
examination is intended to determine whether there are weaknesses in the
legal framework especially the constitutional framework that resulted in the
weak educational system identified above and consequently led to the high
incidence of insecurity in Nigeria.
7.1 The Constitution of the Federal Republic of Nigeria, 1999
The Constitution of the Federal Republic of Nigeria 1999 as amended provided
for education in section 18 of chapter II. It provides as follows:
a) Government shall direct its policy toward ensuring that
there are equal and adequate educational opportunities at
all levels.
b) Government shall promote science and technology.
c) Government shall strive to eradicate illiteracy; and to this
end, Government shall as and when practicable provide:
Free, Compulsory, and Universal Primary Education;
Free University Education; and Free Adult Literacy
Programme.
The provisions of the said Chapter II are the Fundamental Objectives and
Directive Principles of State Policy. By the provisions of section 6(6)(c) of the
1999 Constitution of Nigeria, Chapter II is generally nonjusticiable. Education
is one of the objectives and principles which the government is directed to
pursue and does not create a right that is enforceable by citizens through an
action in a court of law as stated in section 18 of the Constitution, no citizen
has a right to compel the Government by action in court to provide same for
him or her. The implication it appears, is that Government consistently fails in
the provision of education. This appears to be the result of a literal
interpretation of the provisions of Chapter II of the Constitution.
7.2 The Universal Basic Education Act, 2004
The Federal Government of Nigeria through the National Assembly, under the
objectives of Section 18 enacted an Act known as the Universal Basic
Education Act.
44
The major objective of the Act is to provide compulsory, free,
and universal education for children up to junior secondary school. Section 2
of the Act provides as follows:
2(1) Every Government in Nigeria shall provide free, compulsory,
and universal basic education for every child of primary and
junior secondary age.
2(2) Every parent shall ensure that his child or ward attends and
completes his: -
(a) primary school education; and
(b) junior secondary school education by endeavoring to send
the child to primary and junior secondary school.
2(3) The stakeholders in education in a Local Government shall
ensure that every parent or person who has the care and
custody of a child performs the duty imposed on him under
section 2(2) of this Act.
________________
44
Universal Basic Education Commission Act, Laws of the Federation of Nigeria, 2004.
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The Act further provides that services provided in public primary and junior
secondary schools shall be free of charge and it is an offence for anyone who
contravenes the provisions on free educational services.
45
8. THE CHILD RIGHTS ACT, 2003
In 2003, the Child Rights Act
46
was enacted by the national assembly. Section
15(1) of the act provides that ‘every child has the right to free, compulsory and
universal basic education and it shall be the duty of the Government in Nigeria
to provide such education.’ The act further provides that, ‘every parent or
guardian shall ensure that his child or ward attends and completes his (a)
primary school education; and (b) junior secondary school education.’
47
The
provision of the Child Rights Act in the said section 15 is in pari materia with
the provisions of Section 2 of the UBE Act. A community reading of the two acts
indicates that the right to education at least up to junior secondary school has
been crystallized into a fundamental right by those laws although both laws
speak of children there is nothing unusual or absurd in extending this right to
every citizen of the country willing to attend primary and junior secondary
school.
8.1 International and Regional Instruments
Apart from the Constitution and the legislation identified above, several
international and regional instruments have provisions concerning education.
Some of the instruments that constitute the legal framework for education in
Nigeria are as follows:
(a) Universal Declaration of Human Rights 1948
Article 26 of the instrument provides that, everyone has the right to education.
Education shall be free, at least in the elementary and fundamental stages.
Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be
equally accessible to all based on merit. It also declared the objectives of
education as geared towards the development of human personality and
strengthening of other human rights and fundamental freedoms, and for the
promotion of understanding, tolerance, and friendship among nations, racial or
religious groups and in particular engender the activities of United Nations'
quest for peace.
48
This further underscores the correlation between education
and security.
(b) International Covenant on Economic, Social and Cultural Rights 1966
The provisions of Articles 13 and 14 provide guarantees for education from the
primary to the tertiary level and state parties shall, if they have not provided
for free education in their metropolitan areas, do so within two years and shall
progressively provide for free education to its citizens. Specifically, article 13
provides that the state parties recognize the right of everyone to education.
They agree that education shall be directed to the full development of the
human personality and the sense of its dignity, and shall strengthen the
respect for human rights and fundamental freedoms. They further agree that
education shall enable all persons to participate effectively in a free society,
promote understanding, tolerance, and friendship among all nations and all
________________
45
Section 3(1) and (2), Universal Basic Education Act, 2004.
46
Child Rights Act, 2003
47
Section 15(2), Child Rights Act, 2003.
48
Article 26 (3) United Nations Declaration of Human Rights 1948.
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racial, ethnic, or religious groups, and further the activities of the United
Nations for the maintenance of peace. Just as the provisions of the UNDHR,
this covenant also recognizes and underscores the value of education in
fostering world peace.
(c) Convention on the Rights of the Child 1989
Articles 28 and 29 of the convention guarantee compulsory primary education
for children and encourages the guarantee of secondary and tertiary education.
The convention admonishes state parties to also provide vocational education
while generally encouraging parties to put in place measures necessary to
foster school attendance and reduce school dropouts. The two articles have
other elaborate provisions.
(d) African Charter on Human Peoples’ Rights 1981
It guarantees the right to education for all citizens of its member countries in
Article 7. In a nutshell, these laws and instruments demonstrate that extensive
provisions exist guaranteeing the right to education in Nigeria, there are also
domestic legislations both at the state and federal levels in Nigeria that further
provide for education whether formal or vocational, and examining bodies
exist, which are established by law to test and certify persons who have
received education in different fields of endeavor. Despite this robust legal
framework for education in Nigeria, statistics show that there is a high
percentage of illiteracy in Nigeria pegged at 31 percent in about December
2022 and also a high incidence of out-of-school children and the general
indices of educational performance is pointing south. What can be done in
terms of the laws, particularly the constitution to invigorate the constitutional
provisions as a means of reducing insecurity in Nigeria?
9. STRATEGY FOR IMPROVED CONSTITUTIONAL
RESPONSIBILITY FOR EDUCATION
What constitutional limitations inhibit the provision of education in Nigeria,
which has contributed to the level of insecurity, and what can be done to
invigorate the constitutional guarantees for education identified above?
Section 13 of the Constitution mandates government organs at all levels to
enforce the provisions of Chapter II of the Constitution. The section provides
as follows:
It shall be the duty and responsibility of all organs of
government, and all authorities and persons exercising
legislative, executive, or judicial powers, to conform to,
observe and apply the provisions of this Chapter of this
Constitution.
49
The relevant provision of Chapter II to this discourse; Section 18, implores the
government to direct its policy towards ensuring there are equal and adequate
educational opportunities at all levels. The government shall as when
practicable provide free, compulsory, and universal primary education; free
secondary education; free university education, and free adult literacy
program. Therefore, it is clear that responsibility is placed on all arms of
government to observe the provisions of the chapter, including the provision
on the promotion of education.
________________
49
Section 13 Constitution of the Federal Republic of Nigeria, 1999 (As Amended)
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However, what is doubtful is whether it creates a corresponding right for
citizens to demand the performance of these responsibilities. This in our view
is at the heart of the responsibility of the state for education. The state is more
likely to take responsibility more seriously if it is accountable to the citizens by
way of judicial review of its actions or inactions in terms of the educational
well-being of citizens. Hence, to fully realize the lofty ideals of the
constitutional provision in Chapter II and specifically the provision of
education, citizens should be able to demand that relevant authorities and
organs of government perform the responsibilities placed on them under the
provision of the section. However, the potency of that provision is curtailed by
the provision of Section 6(6)(c) of the same constitution which provides as
follows:
The judicial powers vested under the foregoing provisions
of this section … shall not, except as otherwise provided
by this Constitution, extend to any issue or question as to
whether any act or omission by any authority or person or
as to whether any law or any judicial decision conforms
with the Fundamental Objectives and Directive Principles
of State Policy set out in Chapter II of this Constitution.
50
The provision of Section 6(6)(c) of the Constitution has greatly reduced the
value of the entirety of Chapter II of the Constitution and in the context of this
discourse, section 18 on educational objectives of the state. Thus, section 18 is
at best a suggestion to responsible organs and authorities, because refusal to
observe and apply the provision of Chapter II of the constitution is not
enforceable, and it is appropriately termed as a non-justiciable right.
51
It is our
submission, that the non-justiciability of Chapter II of the Constitution of the
Federal Republic of Nigeria impinges on the accountability quotient of the
government, as far as the responsibilities in Chapter II are concerned. To that
extent, the provisions are privileges and not rights, since one of the distinctive
features of a right is that it is enforceable.
52
The non-enforceability of any right
robs it of the quality of a right and should be appropriately described as a
privilege.
However, jurists and scholars
53
have argued and indeed demonstrated that the
constitutional limitation to Chapter II is only to the extent that there is no
legislation on the subject. Hence, where a law has been enacted in respect of
any subject matter in Chapter II, it thereby becomes justiciable. The following
line of cases demonstrates how the courts moved from confirming the non-
justiciability of Chapter II to later making more expansive or progressive
decisions which show that the chapter is justiciable if there is legislation on it
or it is related to justiciable civil and political rights in chapter IV CFRN 1999.
________________
50
Ibid section 6(6)(c)
51
Edit, U and Ganagana, B. ‘Justiciable and Non-Justiciable Rights: A Debate on
Socio-Economic and Political Rights’, Global Journal of Politics and Law Research,
Vol. 8 No. 4 (2020), pp. 78-85. Non-justiciable Rights under the Nigerian
Constitution are sometimes described as fundamental objectives as against justiciable
rights which are described as fundamental rights.
52
William N. Eskridge Jr., ‘Relationship Between Obligations and Rights of Citizens,’
Fordham Law Review, Vol. 69 No. 5 (2001), pp 1-33.
53
See A G Ogun v AG Fed. (Supra); See also F. Falana, Nigerian Law on
Socioeconomic Rights. Lagos: Legaltext Publishing Company Ltd. (2017)
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Confirming the constitutional nonjusticiability of the right to education in
Nigeria, the court in Arch-Bishop Olubunmi Okogie & Ors. v Attorney General
of Lagos State
54
had cause to pronounce on section 18 of the 1979 constitution
as a directive principle of state policy under Chapter II of the said
Constitution. The court opined that the provisions of Chapter II (inclusive of
section 18 on education) are not justiciable, despite the provisions of Section
13 of the same Constitution which mandates the various organs of government
to observe and apply the provisions of Chapter II, because of Section 6(6)(c) of
the same constitution.
Falana has argued, which is corroborated by scholars that Chapter II is
justiciable. A synthesis of the emerging jurisprudence demonstrates
unmistakably that the chapter is justiciable in any of these four situations:
a) where there is a law on any of the subjects in Chapter II of the
Constitution;
b) where there is an expansive interpretation of the chapter by the courts in
a manner that expresses the inextricable link between the chapter and
Chapter IV on enforceable fundamental rights or
c) relying on international instruments ratified by Nigeria which guarantee
socio-economic rights, here, regarding education.
d) Altogether making chapter II justiciable through a constitutional review.
It is submitted that the constitutional provision in Chapter II, especially on
education will be invigorated if any of the four routes are followed, whether by
the legislature or the courts by making it justiciable.
On the first point, the Supreme Court in the case of A G Ogun State v A G
Federation
55
and in a long line of subsequent cases held that, where there is
legislation in respect of any provision of Chapter II, it becomes justiciable to
the extent provided by any such legislation. In the case, the court was asked to
determine the validity of the Corrupt Practices and Other Related Offences Act
2002 enacted by the National Assembly. The court considered Section 15(5) to
the effect that the state shall abolish corrupt practices and items 60(a) of the
Exclusive Legislative List on the establishment and regulation of authorities to
promote and enforce the observance of the Fundamental Objectives and
Directives Principles contained in this Constitution. It held inter alia that
courts cannot enforce any of the provisions of Chapter II of the Constitution
until the National Assembly has enacted specific laws for their enforcement, as
has been done in respect of Section 15(5) of the Constitution by the enactment
of Corrupt Practices and Other Related Offences Act 2002.
Secondly, relying on the jurisprudence from other jurisdictions such as India
and South Africa, an activist, proactive and expansive interpretation of
Chapter II proceeds from the premise of the interconnectedness of rights.
56
This approach assumes that first-generation rights in Chapter IV derive their
oxygen from second-generation rights in Chapter II and there should not be
________________
54
(1981) 2 NCLR 337
55
(2002) 9 NWLR (pt772) 222.
56
Udu, E.A. ‘The Imperatives of Economic, Social and Cultural Rights in the
Development of Nascent Democracies: An Inter-Jurisdictional View.’ NAUJILJ
(2014) available on file:///Users/mac/Downloads/136274-Article%20Text-364902-
1-10-20160530%20(1).pdf Accessed on 19
th
June 2022.
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any kind of distinction between the rights.
57
This is in response to the
arguments that Chapter II rights are essentially positive rights that require
some expenditure from the government, well unlike civil and political rights
which are negative and at best simply impose fetters on the government in
respect of certain actions against individuals or groups and to that extent they
are different.
58
This approach to the interconnectedness of the rights, argues
that one must be socially and economically whole to pursue civil and political
rights. For instance, without the right to food, the right to life or to vote is
meaningless. This approach is premised on the philosophy that drives the
Indian experience and can be used as a guide to achieving objectives as those
provided under Chapter II of the Constitution of the Federal Republic of
Nigeria, 1999 especially for developing countries like Nigeria. The philosophy
that produced the Indian experience has to do with subordinating
Fundamental Rights to Fundamental Objectives.
59
It was aptly captured as
follows:
Fundamental rights have themselves no fixed content;
most of them are empty vessels into which each
generation must pour its content in the light of its
experience.
60
On the third point, international and regional instruments ratified and
domesticated by Nigeria have the force of law. The Supreme Court in Abacha v
Fawehinmi
61
interpreted section 12 CFRN 1999, to the effect that the
imprimatur of the legislature is required for international instruments to have
the force of law in Nigeria. To that extent, the right to education, even though a
non-justiciable fundamental objective, becomes justiciable where it is
guaranteed in an international instrument. In essence, a constitutional
amendment to make Chapter II provisions on directive principles of state
policy justiciable as is the case with some countries such as Kenya and South
Africa, will invigorate the right to education and add to the pool of non-kinetic
approaches to tackling the malaise of insecurity in Nigeria.
10. CONCLUSION
Holding a government accountable in respect of its education duties is an
important first step to ensuring the provision of education. An educated citizen
is not likely to fall into crime which breeds insecurity, because a major driver
of crimes is ideology and education is a tool to neutralize negative ideologies
and channel the energy of youths especially, to productive and beneficial
endeavors. In sum, this work has shown that invigorating the constitutional
provision of education, in the light of the limitations of Chapter II, is
________________
57
Ilesanmi, S.O. ‘Civil-Political Rights or Social and Economic Rights for Africa? A
Comparative Ethical Critique of a False Dichotomy.’ The Annual of the Society of
Christian Ethics Vol. 17 (1997): 191-212
58
Hirschl, R. ‘‘Negative Rights’ vs. ‘Positive Rights’ Entitlements: Comparative Study
of Judicial Interpretation of Rights in an Emerging Neo-Liberal Economic Order.’
Human Rights Quarterly Vol. 22 No. 4 (2000): 1060-1098
59
Circle of Rights, Economic, Social and Cultural Rights Activism: A Training
Resource, 'Justiciability of ESC Rights- the Indian Experience', accessed at
http://hrlibrary.umn.edu/edumat/IHRIP/circle/justiciability.htm on 25th June
2022.
60
Ibid
61
(2000) 6 NWLR (Pt. 660) p. 228 at 228. Note, however, the court held in Mhwun v
Minister of Health & Labour and Productivity & Ors. (2005) 17 NWLR (Pt. 953) p.
120., that under the Third Alteration Act which incorporated the National Industrial
Court into the CFRN 1999, Abacha's case does not apply to labor-related conventions.
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necessary, as an important component of the non-kinetic approach to combat
insecurity in Nigeria. Hence, despite the limitations, the constitutional
provisions on education can be invigorated as discussed in the work through:
a) Making more legislations on education to circumvent the non-justiciability
provisions of the Constitution. In addition, it is suggested that considering
the provisions of Section 18 CFRN 1999 and Section 15(3) of the Child
Rights Act which directs every parent whose child or ward has completed
junior secondary school to send the child to senior secondary school, this
right should be extended to senior secondary school.
b) Judicial activism by Nigerian Courts following the South African and
Indian experience of subordinating Chapter IV to Chapter II CFRN 1999
and also blurring the line between the two given their interconnectedness
and interdependence is a sure way to increase accountability in the
provision of education and consequently reduce insecurity.
c) A constitutional amendment to make Chapter II CFRN 1999 enforceable
will make governments of the states and the federation more alive to their
responsibility for education and in turn impact security positively.
