LEDAP GTE & Ltd. v. Federal Ministry of Education & Anor.

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Facts:

Facts:

The plaintiff by originating summons sued the defendants at the Federal High Court Abuja seeking several declarations and orders against the defendants. The plaintiff sought a declaration that the provisions on the right to free, compulsory and universal primary education up to junior secondary school for all Nigerian citizens under section 18 (3) (a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) is an enforceable constitutional right by virtue of the Compulsory, Free Universal Basic Education Act, 2004.

Furthermore, the plaintiff sought a declaration that the Federal and State Governments are under constitutional obligation to provide financial and institutional resources for free, compulsory and universal primary education and junior secondary education for all qualified Nigerians in fulfilment of their constitutional obligations under section 18 (3) (a) of the 1999 Constitution and section 2 of the Compulsory, Free Universal Basic Education Act, 2004.

Several orders were also sought by the plaintiff one of which was to compel the Federal and State Governments to forthwith provide financial assistance and institutional resources for citizens’ exercise of their right to free, compulsory and universal primary education and free junior secondary education in terms of section 11 of Compulsory, Free Universal Basic Education Act, 2004.

The ground relied on by the plaintiff is that even though the provisions of Chapter 2 of the Constitution are unenforceable by virtue of section 6 (6) (b) of the Constitution, the provisions of the said chapter of the Constitution becomes justiciable the moment a legislation is enacted pursuant to it. The plaintiff therefore, contended that since the National Assembly had in 2004 enacted the Compulsory, Free Universal Basic Education Act, it becomes justiciable and that the Federal and State Governments are under obligation to ensure that Nigerian citizens are allowed to enjoy and reap the benefits of section 18 (3) (a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

SKU: C00000100423-1-1-2-1-1-1-1-1-1-1-1-1-1-1-1 Category: Tags: , ,
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