JUSTICIABILITY OF THE RIGHT TO EDUCATION: THE INDIAN AND NIGERIAN POSITION

Abstract

The problems faced by the Nigerian Education sector are enormous, which is
occasioned by many factors, i.e 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.