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SERAP v. Nigeria, Judgment, ECW/CCJ/APP/12/07; ECW/CCJ/JUD/07/10 (ECOWAS, Nov. 30, 2010)
and execution of its programmes. Be that as it may the Act which established the second
defendant, winch they annexed to their document, shows that the teachers are not ignored as the
applicant wants to imply from the order sought. The Nigeria Union of Teachers, as well as the
National Parents Teachers Association of Nigeria, and the National Teachers institute are all
represented on the board of the second defendant.
DECISION
26. In the light of foregoing analysis of the facts, the Court is able to decide as follows:
Relief 1. The defendants do not contest the fact that every Nigerian child is entitled to free and
compulsory basic education. What they earlier on said was that the right to education was not
justiciable in Nigeria, but the court in its earlier ruling of 27nd October 2009 in this case, decided it
was justiciable under the ACHPR.
27. Relief 2. As stated already, the report provides only prima facie and not conclusive evidence of
the facts stated therein, and there is no judicial pronouncement on these findings. Also the alleged
suspects are not parties before us in this action, so this court is unable to make any declaration of
illegality or unconstitutionality in this matter.
28. Relief 3. The applicant is saying that following the diversion of funds, there is insufficient
money available to the basic education sector. We have earlier referred to the fact that
embezzlement or theft of part of the funds allocated to the basic education sector will have a
negative impact; this is normal since shortage of funds will disable the sector from performing as
envisaged by those who approved the budget. Thus, whilst steps are being taken to recover the
funds or prosecute the suspects, as the case may be, it is in order that the first defendant should
take the necessary steps to provide the money to cover the shortfall to ensure a smooth
implementation of the education programme, lest a section of the people should be denied a right
to education.
29. Relief 4. The court cannot grant this order for the arrest and prosecution of the alleged suspects
for reasons already explained.
30. Reliefs 5 and 6. For lack of evidence these orders arc refused.
31. In conclusion, subject to reliefs 1 and 3 which the court grants in terms as stated above, the
court rejects all the other reliefs and orders sought.
32. COSTS
Since the matter succeeds in part the parties shall bear their own costs.
This decision has been read m open court in Abuja this 30th day of November 2010 in the presence
of:
Hon. Justice H. N Donli
Presiding
Hon. Justice Anthony A. Benin
Member
Hon. Justice Soumana D. Sidibe
Member
African Commission on Human and Peoples' Rights | Central American Court of Justice | Committee
A g a i n s t To r t u r e
http://www.worldcourts.com/ecowasccj/eng/decisions/2010.11.30_SERAP_v_Nigeria.htm
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