Justiciability of The Right to Education: The Indian and Nigerian Position

No Thumbnail Available



Journal Title

Journal ISSN

Volume Title


Islamic University in Uganda


The problems faced by the Nigerian Education sector are enormous, which is occasioned by many factors, ie political, economic legal and cultural. Education is seen as a right from the perspective of human right as contained in the International Instruments on Human Rights. These instruments are expected to be given efficacy by member states through domestication and implementation. But in the case of education, Nigeria as a state does not see it as such and this is as a result of the classification of rights to First, Second and Third generation rights. This article studies the effect of the generational classification on the status of education in the Nigerian Law. it finds that education is not accorded the status of Fundamental Right to be adequately protected, infringement of which redress could be sought in the court of law particularly against the government. It then concludes that the status or education is raised to a full fledge Justiciable Fundamental Human Right, education will continue to suffer neglect as it is in the successive administration in Nigeria.



Nigeria, Human Rights, Education, Justiciability