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Falana sues FG, 36 states

Posted by By OLA AGBAJE on 2006/03/14 | Views: 644 |

Falana sues FG, 36 states


Lagos lawyer and president of the West Africa Bar Association (WABA), Mr Femi Falana has dragged the Federal Government and all the 36 states to court for their failure to provide compulsory free education for children of school age in the country.

Lagos lawyer and president of the West Africa Bar Association (WABA), Mr Femi Falana has dragged the Federal Government and all the 36 states to court for their failure to provide compulsory free education for children of school age in the country.

Falana, in a suit filed before a Federal High Court, Abuja is seeking among others an order of the court compelling the 37 defendants to provide compulsory and free primary and junior secondary school education for every Nigerian child and also direct them to remove all children from the streets and enrol them in the appropriate schools forthwith.

Besides, the plaintiff wants the court to declare illegal and unconstitutional, the failure of the defendants to provide compulsory, free and universal basic education throughout Nigeria as it violates Section 15 of the child's rights Act 2003 and section 2 of the Compulsory Free and Universal Basic Education Act, 2004.

In addition, the WABA boss is praying the court to assert the right of the Nigerian child to free education as provided for in Section 15 of the child's Right Act 2003 and Section 2 of the Compulsory. Free and Universal Basic Education, Act 2004.

The motion is supported by 13-paragraph affidavit deposed to by the plaintiff, who averred that by the provisions of the laws referred to, the defendants have a duty to provide compulsory, free and universal basic education for every Nigerian child.

Falana contended that since the enactment of the two laws, the defendants have either refused or neglected taking steps towards its implementation.
As a result of the neglect, the deponent averred that millions of Nigerian children of school age were roaming the streets as beggars and hawkers of all manners of goods.

As a direct consequence of the failure of the defendants to implement the relevant laws, the plaintiff averred that many Nigerian children of school age are being raped and have become articles of trafficking while in several cases have been made to embrace violent crimes, especially around robbery.

He contended that the defendants cannot justify their failure on lack of capital to execute the law, pointing out that they paid $12.4 billion to the Paris Club recently while the country still has over $30 billion in foreign reserves.

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