| dc.description.abstract | Executive Summary Despite the enactment of the Universal Basic Education (UBE) Act, 2004, Nigeria continues to face a severe out-of-school children (OOSC) crisis, with approximately 18.3 million children reportedly excluded from formal education. Urban centres such as Abuja, Lagos, and Port Harcourt, along with other states, still experience widespread child hawking and street trading, exposing children to road accidents, exploitation, trafficking, and recruitment into criminal activities. These practices violate children’s rights and contravene statutory obligations under the UBE Act.
The persistence of out-of-school children reveals a significant enforcement gap. Current fines under the UBE Act, 2004, ranging from N2,000 to N10,000, are nominal and fail to deter non-compliance. They are disconnected from current economic realities and the gravity of the offence, as offenders may comfortably absorb these penalties without meaningful consequences, thereby weakening the law’s intent.
International experience demonstrates that meaningful compliance requires strong enforcement and proportionate sanctions. In Germany, parents may be fined up to €2,500 for non-compliance, while France applies escalating fines and imprisonment for repeated violations. Countries such as Bulgaria, the United Kingdom, and China also link criminal liability directly to breaches of compulsory education laws. These examples illustrate the effectiveness of clear legal obligations, graduated penalties, and enforceable accountability mechanisms in ensuring children’s rights to education.
To address this challenge, the National Assembly, through the Senate Committee on Education (Basic and Secondary) and the House Committee on Basic Education Services, are kindly urged to:
1. Review and amend the UBE Act, 2004, with particular emphasis on revising fines and penalties for parents, guardians, and other individuals who deny children access to compulsory basic education, ensuring that sanctions are meaningful and act as effective deterrents.
2. Introduce graduated penalties for repeated violations, including higher monetary fines, mandatory community service, or parental education programmes, particularly for cases involving child hawking and persistent non-enrolment of school-age children.
3. Mandate clearer enforcement responsibilities by calling on collaboration between education authorities, law enforcement agencies, child protection services, and the judiciary to ensure consistent prosecution of violations under the Act.
4. Call on the National Orientation Agency (NOA) to implement comprehensive public education and behavioural-change campaigns aimed at parents and guardians, particularly in rural communities, to promote compliance with compulsory basic education requirements, discourage child labour practices, and reinforce education as a critical tool for national development. | en_US |
