SERAP sues 36 governors ‘for failing to fund education for poor children’

Socio-Economic Rights and Accountability Project (SERAP) has sued the 36 state governors and two others over alleged failure to redirect funds for ex-governors life pensions to pay counterpart funds that would allow poor children to enjoy basic education.

Joined in the suit as respondents are: the Universal Basic Education Commission (UBEC) and the Minister of the Federal Capital Territory.

SERAP, in the suit, alleged that over N40 billion has been paid to 47 former governors from 21 of the 36 states in pensions and provision of houses, staff and motor vehicles, replaceable between three and four years.

It said several states have reportedly failed to pay counterpart funds to access over N51 billion in matching grants earmarked by UBEC for basic education in the country.

In the suit (FHC/L/CS/1120/2022) filed, last week, at the Federal High Court, Lagos, SERAP is seeking an order of mandamus to direct and compel the governors to pay counterpart funds that would give poor children access to quality education.

No date has been fixed for hearing of the suit.

The organisation is also seeking an order of mandamus to direct and compel the governors to put in place mechanisms for transparency and accountability in the spending of any accessed matching grants from UBEC.

SERAP is arguing that governors are paying their predecessors billions of naira in life pensions and other retirement benefits while failing to invest in education and pay funds that would allow children to enjoy access to quality education.

According to SERAP, paying the counterpart funds for basic education in several states would be a major step forward for children’s rights, and ensure the rights and well-being of all children, regardless of their socio-economic backgrounds.

It argues: “The report by UBEC that several states have failed to access N51.6 billion of matching grants suggests that these states are doing very little for poor children. It also explains why the number of out-of-school children in the country has continued to rise. The number is currently over 13 million.

“States’ dereliction in paying counterpart funds is antithetical to the Nigerian Constitution 1999 (as amended), the compulsory, free universal basic education Act, and the country’s international human rights obligations.

“The persistent failure to pay counterpart funds has hugely contributed to denying poor Nigerian children access to quality basic education, opportunities and development.”

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Opeyemi Owolabi, reads in part: “Rather than spending public funds to pay ex-governors undeserved pensions and other retirement benefits, governors should prioritise investment in education by paying up any outstanding counterpart funds to UBEC.

“Redirecting public funds budgeted for life pensions to fund education would be entirely consistent with the constitutional oath of office and the letter and spirit of the Nigerian Constitution, as it would promote efficient, honest, and legal spending of public money.

“States should prioritise paying their counterpart funds over and above spending on life pensions and other misallocations of scarce resources.

“According to the United Nations Children’s Fund (UNICEF), one in three children do not complete primary school in several states. Also, 27.2 per cent of children between six and 11 years do not attend school. Only 35.6 per cent of children aged three to five months attend pre-school.

“Basic education in several states has continued to experience a steady decline. The quality of education offered is low and standards have continued to drop.

“The learning environment does not promote effective learning. School facilities are in a state of extreme disrepair, requiring major rehabilitation. Basic teaching and learning resources are generally not available, leaving many teachers profoundly demoralised.

“This situation is patently contrary to Section 18 of the Constitution of Nigeria 1999 (as amended), and Sections 2(1) and 11(2) of the Compulsory, Free Universal Basic Education Act.

“States are required to progressively implement socio-economic rights, including the right to quality education commensurate with the level of resources available. Gross misallocation of resources to the detriment of the enjoyment of the right to quality education constitutes a human rights violation.”