APPRAISAL OF LEGAL ACCESS TO EDUCATION IN NIGERIA

While legal access to education is just one aspect of access to education, this study shows the all-encompassing nature of access to education This study illuminates the legal, social, political, religious and historical impact on access to education. The research was motivated by four research questions; (a) Are the educational achievements in line with the current legal regime? (b) What are the international perspectives on access to education ? (c) What factors have made the implementation of the education laws and policies difficult? (d) Are the current security challenges on education and education facilities adequately provided in any of the existing education laws and policies in Nigeria? To examine these and other questions it was discovered that there have been several researches on access to education that had addressed some of the challenges. However, the current security challenges on education and its facilities have no adequate legal backing or policy. Also, the current legal regime does not tackle; the alarming rate of poor education, increased number of out-of-school children, EFCC sealing of schools, inadequate infrastructure, low salary scheme for educators, et cetera. Assuming without conceding that there exist any law, the enforcement of the education laws are affected mainly by non-justiciability principle stipulated under the Nigerian Constitution. While government owe responsibilities to its citizens to provide access to education, failure to provide such does not confer on citizens the right to enforcement. Judgements of courts against government in favour of right to education are yet to be obeyed. This research contributes to the need to incorporate; right to education; responsibilities and roles of government in education; security of education- schools, students and educators and prevention of EFCC sealing of school in our education law. Just like other Countries, Nigeria needs an elaborate Education law that will address all issues affecting the education systems. Currently, there are numerous education laws that is further bewildering the system, instead of being a too! for its developments. Nigeria being signatory to many International laws on Education, has domesticated some, hut still behind in adherence to the global principle on education. Keywords: Legal; Education; Access to education; Nigerian constitution; International laws; Right to education;