Constitutional Purposivism as the Vehicle for the Justiciability of the Right to Education in Nigeria

Abstract

This paper argues that the right to education in Nigeria should be judicially enforceable, notwithstanding its placement in Chapter II of the Constitution under directive principles. It advances a purposive and harmonious interpretive method—long embraced by Nigerian courts and widely recognized in comparative constitutional law—as the doctrinal pathway. By reading the Constitution as an integrated whole, and recognizing that education is essential to the justiciable rights to life and dignity, as well as to the State’s core purposes of security, welfare, and participatory democracy, courts can give effect to education as an implied enforceable right. The paper examines relevant Nigerian Supreme Court decisions, comparative jurisprudence from common law and international systems, and empirical evidence linking education to governance stability and social welfare. It proposes a remedial approach that safeguards separation of powers while ensuring meaningful enforcement, emphasizing declaratory relief, timelines, and minimum core obligations. Elevating education from policy aspiration to constitutional right, the paper concludes, strengthens democratic legitimacy, fosters human dignity, and fulfills the Constitution’s overarching objectives.