EDUCATION REFORMS IN NIGERIA: THE NEED FOR A LEGAL
FRAMEWORK
BY
DR. (MRS.) RHODA OLAPE ODUWAIYE
AND
DR. (MRS.) PATRICIA OVIGUERAYE ETEJERE
DEPARTMENT OF EDUCATION OF EDUCATIONAL MANAGEMENT,
FACULTY OF EDUCATION,
UNIVERSITY OF ILORIN, ILORIN, NIGERIA
Abstract
This paper reviewed as its introduction, the African traditional education
and the advent of western education to the western coast of Africa and
subsequently Nigeria. It highlighted the educational ordinances of 1882-1959
as the early education reforms. The paper also reviewed the postindependence education reforms to the most recent ones of 1999 to date,
among which were the Universal Basic Education (UBE) scheme, the
Public/Private Partnership (PPP) of the federal government unity schools and
the consolidation of tertiary institutions. The main focus of the paper was the
legal framework for these reforms which made discontinuity their hallmark.
The paper concluded by making useful suggestions as to the legal backing for
future education reforms. Among them are that every articulated policy should
crystallize into a Bill which should be sent to either the National Assembly or
State House of Assembly for eventual passage into law.
EDUCATION REFORMS IN NIGERIA
Introduction
African traditional education has been in existence in African societies
before the arrival of the missionaries. This type of education was basically an
informal type in which the whole family members of the community or the
society are involved in training the child (Jekayinfa, 2003). It had its own goals
and peculiar characteristics, among which are the following:
-
to develop the child’s latent physical skills;
-
to develop the character;
-
to inculcate respect for elders and those in position of authority; and
-
to develop intellectual skills.
Basically, the youths learnt how to go about their activities from their
parents, their relations and the society at large. In a number of places, the
boys especially have to learn to cultivate the land in order to provide for the
family. Girls were also taught the rudiments of house-keeping and other
related issues.
Traditional education in the African sense was entirely different from the
modern type of education in that children were usually gathered together and
taught in informal using non-typical methods of passing on information and
morals
through
story-telling,
dramatization,
worthwhile
conversations,
straightforward demonstrations, games and purposeful actions for imitations.
The principle of participation and respect for elders were always emphasized
by the adults. All in all, children were given every opportunity to do things by
themselves under the direction and protection of the adult (Jekayinfa, 2003).
Thus, since the sole aim of traditional education was functionalism (Fafunwa,
1975), the child was trained in such a way that he became useful to his
immediate community, his parents and his neighbours.
By and large, western education came on board with the establishment
of the first Christian school by the Wesleyan Methodist Missionary Society in
1842. The main purpose of introducing western education to Nigeria and other
African countries was to evangelize the people. However, when they realized
that the local people could not read and write, they had to be given basic
education – the type that could also enable them to read the Bible. The advent
of western education was thus preceded by missionary activities in Nigeria.
Pre-Independence education reforms (1882-1959)
From 1842 onwards, other missionary societies like the Church
Missionary Society (CMS), the United Free Church of Scotland, the American
Southern Baptist Convention, the Roman Catholic Mission and the Qua Iboe
Mission established different types of schools ranging from the traditional
grammar school to teacher-training colleges as well as vocational and trade
schools. Although, the missionaries were in control of education in southern
Nigeria for many years, a few individual philanthropists, local governments,
administrators and traders also paid some attention to the needs of education
(Ogunsola, 1979).
Missionary activities in northern Nigeria were however not so successful
not only because of the culture of the environment or the territory but also
because of their deeply rooted religion. The attitude of the northern rulers
towards Christian missionaries as well as the treaty of non-interference
between the then colonial government and the Emirs also helped to slow
down educational activities in the North. Thus, while the educational activities
of the missionaries expanded in the South, in the North missionaries were
highly restricted in their movement.
This was the prevailing situation at that time when the colonial
government decided to participate directly in the provision of education in
Nigeria. The prevailing events had led to an unhealthy competition among the
missionary societies in the south, while in the north, the provision of education
by the Christian missionaries was resisted. Consequently, in the opinion of
Ogunsola (1979):
It became necessary for the government not only to
provide schools but also to make laws for the
operation of schools and the regulations of
missionary activities in the field of education (p.13).
The monopoly of the development of education by the Christian
missionaries was thus broken by the colonial government when it enacted the
first education ordinance in 1882. This marked the emergence of education
reforms in the pre-Nigerian independence era. This ordinance was meant for
all British West African territories, including the colony of Lagos. Shortly after
this was the enactment of the first Nigerian education ordinance in 1887 which
came at the heels of the establishment of the colony and protectorate of
Lagos. There were some similarities in the features of both the 1882 and 1887
ordinances. Apart from the fact that both ordinances marked the beginning of
a defined relationship between the missions and the government (Ogunsola,
1979), other features included the provision of a Board of Education, an
official inspection of schools as well as the introduction of the payment of
grants by results.
The failure of the 1887 Ordinance as a result of its ineffectiveness led to
the promulgation of the 1916 Education Ordinance. One of the major reasons
why the 1887 Ordinance failed was its inability to curb indiscipline in the
school system. Therefore, as an education reform, the 1916 ordinance
emphasized among other things, the inculcation of discipline in the students,
the adaptation of teaching to the needs of the students and the exercise of
control by the government over all schools. The 1916 Ordinance also made
allowance for proprietors to establish schools alongside the government
schools. A separate board of education was provided for each of the
provinces. The ordinance required that 40 percent of the assessment in
examinations should be met before grants were given to schools.
In spite of everything however, the 1916 Ordinance also failed. To some
extent, the failure of the 1916 Ordinance to achieve its aims arose from the
fact that it failed to take account of the needs of the country in general and the
locality in particular. Subjects like history and geography of the British Empire
were frowned at. The post-1916 Education Ordinance period showed that the
number of unassisted schools had increased. This unhealthy situation led to
ineffective supervision and lack of control on the part of the voluntary agencies
in charge of these schools. There was no supervision of these schools by the
government and a lot of money needed to be spent on them for improvement.
All these led to the drafting of the 1926 Education Ordinance which, among
other things, increased the composition of the Board of Education from two
non-official people to four. It was this Ordinance that truly laid the foundation
of Nigeria’s educational system (Adesina, 1977). The Ordinance placed
emphasis on the following aspects of the educational system: government
control over the expansion of the school system and over the establishment of
new schools, the registration of teachers, the appointment of supervisors and
a new grants-in-aid system whose criteria were the level of efficiency and the
tone of the school.
Ogunshola (1979) stated that the 1926 Education Ordinance aimed at:
Providing a better quality of education through (i)
increased direct government control and supervision;
(ii) cooperation with voluntary agencies by means of
increased subsidies to schools and training
institutions; and (iii) by an attempt to improve the
quality and status of teachers (p.34).
As a result of the fall in international trade, during that period, the 1926
Education Ordinance also failed to achieve its aims in reforming the
educational system in British West Africa.
The Elliot Commission of 1943 was another reform that was significant
in the Nigerian educational system in the pre-independence era. The
Commission was established to look into the organization and the facilities of
higher education in British West Africa. Two reports (a majority and a minority)
were submitted by the commission. While the majority report recommended
the establishment and upgrading of three higher institutions in West Africa, the
minority report recommended only one. The British Parliament however
accepted the majority report and paved the way for the establishment of then
University College at Ibadan, affiliated to the University of London.
Another milestone in the development of the educational system of
Nigeria could be found in the enactment of the 1945 Education Ordinance.
Among its features were the introduction of education boards in the three
regions, the appointment of a deputy director of education for each of the
regional boards and the establishment of local educational authorities. The
1945 Education Ordinance did not permit the establishment of schools without
the consent of the deputy director of education. It also allowed the award of
financial assistance based on usefulness and efficiency.
One of the greatest reforms in the history of Nigerian education was the
report of the Ashby Commission of 1959. The task of the commission was to
advise the Nigerian government on her needs in the field of post-school
certificate and higher education in the country over ‘the next twenty years’.
The report of the commission showed that the estimated needs for both
intermediate and high-level manpower in the next decade outstripped not only
the actual supply rate but also the estimated capacity of the existing
institutions
(Abiri,
2003).
The
Commission
made
far-reaching
recommendations which did not only cut across the length and breadth of the
Nigerian educational system but which have also had great impact on the
development of education in the country today. Among the recommendations
were the production of an output of 2,000 graduates a year by 1970, a
proposal on the establishment of a National Universities Commission and the
fact that enrolment in the universities should reflect national needs in terms of
technical and non-technical fields. The commission also recommended
teacher certificate grades one and two crash programmes for teachers in
order to meet the acute shortage of qualified teachers, an enrolment of 7,500
students in the universities by 1970 and a substantial growth beyond this
figure by 1980.
Post-Independence Education Reform (1960 to date)
The curriculum conference of 1969 was a major reform in Nigerian
education. It gave birth to the National Policy of Education (NPE) of 1977 that
housed the Universal Primary Education (UPE) scheme which was launched
in 1976 by the then Head of State, General Olusegun Obasanjo. The planning
of the whole of NPE itself was shallow, hasty, ill-informed and disjointed
(Lawal 2006). A major feature of the National Policy of Education (NPE) was
6-3-3-4 educational system. This system replaced the 6-5-2-3 system that was
in practice before this time. The 6-3-3-4 did not pass through a “try-out phase”
before implementation and therefore the system was collapsed into 6-6-4 and
now restructured into 9-3-4 with the launching of the Universal Basic
Education (UBE) in 1999.
The UBE scheme happened to be launched by the federal government
under the Obasanjo administration. The scheme was launched as a result of
the deplorable and appalling state of education that Obasanjo administration
met on ground. The objectives of UBE scheme include among others, the
following:
(a)
to provide free and compulsory education universally from the first
year in the primary to the third year of the junior secondary school,
i.e., the first nine years of schooling;
(b)
to provide functional literacy for adults, i.e., 15 years and above;
(c)
to drastically reduce drop-outs in the primary level by enhancing
quality, relevance and effective education; and
(d)
to serve as a necessary starting point for curing the ills of the
educational system, Lawal 2006.
Apart from the launching of UBE, other education reforms of Obasanjo
administration according to Lawal (2006) include:
(i)
support for Education for Development and Democratic Initiative
(EDDI) funded by the United State of America. This programme is
meant to help female students from economically disadvantaged
homes, orphans and disabled;
(ii)
liberalization of opportunities for higher education. The establishment
of National Open University of Nigeria (NOUN), private institutions of
higher learning especially universities, these are aimed at giving
opportunities for higher education;
(iii)
boosting budget on education. This has enhanced and attracted
better funding to all tiers of educational system. Funding of university
are directly under the Federal Ministry of Finance rather than through
NUC. Educational Task Fund (ETF) has also been repositioned for
efficiency and effectiveness;
(iv)
institution of quality control mechanisms: Benchmarks have been
established to guide practices and ensure higher quality of tertiary
education especially universities. NUC has encouraged universities
to mount Education Fairs for ranking the research products of
universities;
(v)
consolidation of tertiary institutions – In November 2006, the
Secretary to the Government of the Federation inaugurated the
Presidential Technical Committee for the consolidation of the tertiary
institutions. The consolidation shall convert all federal polytechnics
and federal colleges of education to campuses of proximate federal
universities. This was to eliminate the HND/Bachelor degree
dichotomy in the labour market and increase the volume of academic
space for admission into tertiary level education by over 500,000
extra candidate per annum; and
(vi)
private/public partnership programme for unity schools. The federal
government of Nigeria, through the Federal Ministry of Education is
the proprietor of 102 Unity Schools spread across the country. The
Federal Ministry of Education in 2006 designed a Public-Private
Partnership (PPP) initiative for the Unity Schools. It was not a sale of
Unity Schools but rather to foster strong governance based on
partnership between the federal government as the main financier
and non-governmental organizations.
Evolution of Education Reforms in Nigeria
According to Danmole (1995), the Nigerian educational system has
witnessed significant reforms and far-reaching innovations during the course
of its quantitative expansion. While the Ashby Report of 1959 is said to be the
harbinger of reforms which the Education sector has witnessed, what has
been generally seen as an “impressive quantitative expansion” actually started
in 1960. In a chronological nutshell, the following Reforms are on record as
discussed earlier.
1971 -
The National Policy on Education (NPE). This was considered as
a blueprint of the philosophy and general orientation of Nigerian
education.
1976 -
Introduction of the Universal Primary Education (UPE).
1981 -
The NPE was revised following the crystallization of the ideas
generated at the National Curriculum Conference held in Ibadan
in 1969.
1982 -
The 6-3-3-4 Education System was launched by the Federal
Government of Nigeria.
1985 -
Decree No. 16 of 1985 i.e., the Education National Minimum
Standards
&
Establishment
of
Institutions
Decree
was
promulgated by the then Federal Military Government. It should
be noted that by the cumulative effect of sections 315 and 318 of
the Constitution of the Federal Republic of Nigeria, 1999 (CFRN,
1999) all military decrees not abrogated are now deemed as Acts
of the National Assembly.
1999 to date – Series of activities leading to the introduction of the Universal
Basic Education (UBE). The major feature of the UBE is the
introduction of the 9-3-4 system to replace the 6-3-3-4 policy of
1982.
2006 -
The Private/Public Partnership of the Federal Government Unity
Schools, and the consolidation of the tertiary institutions.
LEGAL FRAMEWORK
Pre-Independence:
Pre-Independence Nigeria profited more from an organized and
systemized body of laws (which regulated its educational policies, goals and
reforms) than independent and republican Nigeria after 1960. For example, it
is on record that there were Education Ordinances of 1882, 1887, 1916
and1945. There were also the Elliot Commission of 1943 while the 1959 we
had the Ashby Commission. These were well articulated legal framework
which put education on the appropriate leverage on which every stakeholder
knew his or her legislative border, since law is a body of rules which bring
obedience, it stands to reason that the Ordinances of Pre-Independence
Nigeria were designed to define and design specific responsibilities to all who
take part in the education industry of that time.
Post-Independence
While Nigeria is tall on seminar papers and ultimate official matters,
policies on educations in post-independent Nigeria are abysmally short in
putting in place appropriate legal framework to regulate the articulated
policies. Only the Education (National Minimum Standards and Establishment
of Institutions) Decree No. 16 of 1985 is known. It was this law which gave
birth to the well known 6-3-3-4 system which was itself thrown into the dustbin
of history recently with the introduction of UBE’s 9-3-4 system. Policies, at
best are official declarations which has no force of law whatsoever. While the
latter creates enforceable rights and prescribes responsibilities against which
defaulters may become culpable and punishable, the former are more like
decorated sepulchers. No wonder the prevalent confusion in the system
today. There are role conflicts, blurred goals and non-definite achievable
targets. The old cliché: “where there is no law, there is no sin” rules the
educational waves.
Then came in CFRN 1999 with its two sets of rights encapsulated in
Chapters II and IV of the Constitution. To break the subject of this discourse
down, it is pertinent to note the imperatives of each of these two chapters.
Chapter II: is known as the Fundamental Objectives and Directive Principles
of State Policy. It covers from Section 13 to Section 24 of the Constitution.
Chapter IV: is what is recognized as the Fundamental Human Rights. This is
found in Section 33 to Section 46 of the same Constitution. This is where the
similarity between the two chapters end. Rather, one marked difference is that
while chapter IV is enforceable in court, all the provisions of chapter II are not
enforceable. It is sad to note that it is in this unenforceable chapter II that the
matter of Education was mentioned. Specifically, section 18 of the CFRN in
chapter II states the Educational Objectives:
Government shall direct its policy towards ensuring
that there are equal and adequate educational
opportunities at all levels etc.
The part of the Constitution which makes chapter II unenforceable is Section
6(6)(c) of the CFRN. Thus, while there is an inexplicable dearth of appropriate
legal framework for education in post-independence Nigeria, the CFRN (1999)
which is the supreme law of the land equally makes every discourse on the
legal framework “a nonsense on a stilt”.
Recommendations
To stem the confused state of affairs which is the bane of the desired
improvements in education, the following steps are recommended urgently:
(1)
every articulated policy should crystallize into a Bill which should be
sent to either the National Assembly or State House of Assembly for
debate and eventual passage into law;
(2)
there should henceforth be legally defined responsibilities to all
stakeholders, default against which is penalized. This will guarantee
orderly conduct of affairs in the education industry thereby putting a
stop to the ‘Babel’ of voices which are now deafening but meaning less
and unproductive.
REFERENCES
Abdullahi, O.E. (2003). Secondary education in Nigeria. In Abiri, J.O.O. (ed.).
Perspectives on history of education in Nigeria. Ibadan: Emola-Jay
Communications Inc.
Abiri, J.O.O. (2003). The role of commissions in the development of education
in Nigeria. In Abiri, J.O.O.(ed.). Perspectives on history of education in
Nigeria. Ibadan: Emola-Jay Communications Inc.
Adesina, S. (1977). Planning and educational development in Nigeria. Lagos:
Educational Industries Nig. Ltd.
Danmole, Bolanle (1995). The 6-3-3-4 and Educational Development in
Nigeria, in H.O. Danmole, A.E. Davies & I.O. Taiwo. Contemporary
Issues in Nigerian Affairs. Ibadan: Intec Printers Ltd.
Fafunwa, B.A. (1975). ‘Education in the mother tongue: A Nigerian
experience’. West African Journal of Education. 19(2), 213-228.
Federal Ministry of Education (2002). Plan of Action on the Resolutions of the
National Summit on Higher Education. Abuja: Taste & Style Press.
Federal Republic of Nigeria (2004). National Policy on Education, 4th Edition.
Lagos: NERDC.
Federal Republic of Nigeria (FRN) (1999). Constitution of the Federal
Republic of Nigeria. Lagos: Federal Government Press.
Jekayinfa, A.A. (2003). Indigenous African education. In Abiri, J.O.O. (ed.).
Perspectives on history of education in Nigeria. Ibadan: Emola-Jay
Communications Inc.
Jomasevski, Katarina (2003). Education Denied. London: Zed Publishers.
Kolawole, D.O. (2003). Nursery and primary education in Nigeria. In Abiri,
J.O.O. (ed.). Perspectives on history of education in Nigeria. Ibadan:
Emola-Jay Communications Inc.
Lawal, A. (2006). A cybernetic appraisal of reforms in the Nigerian educational
sector (1999-2006). A lead paper presented at the 3rd National
Conference/Seminar of the School of Education, Kogi State College of
Education, Ankpa.