Have We Gone Crazy?

[AGSOBA69]

The Guardian Editorial and Opinion
Tuesday, May 16, 2006

The Yobe State Law on Private Schools

In Yobe State, a law prohibiting non-indigenes from establishing or running private schools came into effect on May 1. Titled 'The Establishment and Operation of Private Schools Law' and passed by the state's House of Assembly, the law also states that 'interested school proprietors may want to establish a private school in the state provided that where the proprietor is a non-indigene of the state, the principal partner shall be an indigene of the state'. In other words, any one who is interested in setting up or running a private school in the state must scout for a partner who comes from Yobe state.

The implication of this law is unambiguous. It questions a citizen's right to live, work, trade, and do business in a constituent part of the federation. The law questions the very basis of the 1999 Constitution which protects citizens from discrimination in any part of the country. It is also against the spirit of free enterprise. The Yobe state government cannot dictate that persons should have partners from certain parts of the country. How does the Yobe state government want governments of other states to treat its own indigenes? The law as proposed is absurd. It further highlights the challenges of national unity.

We would like to pose the following questions to the Yobe House of Assembly whose 'indigenes' we presume do business in other parts of the federation. Who is an indigene? How does a definition or application of indigeneship cohere with the Federal Constitution? Are there no better ways of regulating the establishment and ownership of schools other than a policy of exclusion?
Sadly, this is not an isolated case. It fits into a growing pattern of events and acts that are capable of threatening national unity. When the government of Zamfara state introduced Sharia law in 2000, this led to considerable political tension. There were fears that non-Muslims would not be safe in that part of the country. Indeed, the international outcry that followed an attempt to execute a woman for having a child out of wedlock portrayed Nigeria in a very negative light. Soon some other states in the North joined the Sharia bandwagon.

Last year, Zamfara state also introduced discriminatory school fees which did not favour non-indigenes. At that time, it was so bad that citizens from Sokoto, the state from which Zamfara was carved out, suffered discrimination in the hands of a government that had presided over their affairs only a few years before. Now, it is the turn of Yobe State. For how long will such politics of exclusion be tolerated? Is there any guarantee that a law, which prohibits non-indigenes from working in a government bureaucracy, may not be enacted? Already, Sokoto state has a discriminatory practice of giving full employment status to its indigenes and some expatriates while granting contract employment to other Nigerians. To say the least, it is a flagrant disrespect for the Nigerian Constitution and the spirit that binds us as a people.

We recognise the right of the Yobe State House of Assembly to make laws for the good of the people of the state. However, such laws must be Constitutional, just and reasonable.. A federation survives or thrives only if the constituent parts show respect for federal laws and other stakeholders in the union. The Yobe State law places premium on indigeneship and promotes discrimination contrary to Section 42 of the 1999 Constitution which states expressly that "a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups...are not made subject". Was the Yobe House of Assembly deliberately blind to this section of the constitution? Or was it a case of absolute ignorance? The law should be repealed immediately.

Education is a universal industry. It transcends ethnic and religious borders, and hrives on knowledge. The right to establish and manage schools should not be subject to a person's place of birth. Unfortunately, proprietors of schools in Yobe State who do not hail from Yobe State have had their fortunes jeopardised by a myopic and illegal law. However, all is not lost. The aggrieved persons have gone to court to enforce their fundamental rights. We call for a speedy resolution of the matter in favour of the letter and spirit of the Federal Constitution.

Members of the Yobe State House of Assembly, and indeed all legislative houses, should realise that state laws are never made in a vacuum. If all the Houses of Assembly in the country were to pass discriminatory laws in favour of local conditions, there would be widespread anarchy.

We call on all stakeholders in the Nigerian state to respect the federal spirit that binds us together. Emphasis ought to be on the factors that unite rather than those that separate us.

© 2003 - 2006 @ Guardian Newspapers Limited (All Rights Reserved).
Powered by dnetsystems.net dnet®

[ikenna]

You've just got to worry about the motives of people who pass laws that treat people from certain parts of the country as first class citizens and others from other parts of the same country as second class citizens.

For those who say Nigeria is one country, here is further proof that it really is not.

[enigma]

It is really ridiculous n shows blantant backwardness. Have you noticed it is prevalent up in the far north? What is up with their narrow-mindedness? What do they think they are gaining from this anyway? Promoting further illiteracy?

These ppl have a lot to learn!

[michael]

I am still waiting for the affected people to go to court to seek this law proscribed: it is highly unconstitutional. But like the Sharia law, if the people who are wronged just accept their fate then they must live with the consequences. The law is backward, but it has infact been going in almost all Nigerian states albeit subtly. In almost all states in Nigeria, except of course Lagos, it is highly impossible for a non indigene to rise to a senior level in the civil service. Why? Even women non-indigenes married to indigenes of the state are discriminated against: case in point Oyo state where I happen to have first hand experience.

[enigma]

That is one main reason why Nija is not progressing the way we shd!

[michael]

Originally Posted by enigma

That is one main reason why Nija is not progressing the way we shd!

But are you not curious why the wronged prefer not to seek redress in the courts? Is it that we as a people just don't feel pinched by injustice? SSS raids AIT and AIT just shuts up, can you imagine that? Emir in Nassarawa state is banished and dethroned against his constitutional rights to freedom of movement and life and he accepts it until his health deteriorates. Sharia law is being enforced by state outfits acting outside the law, and the country accepts it against the spirit and letter of the constitution. Many illegalities have gone down in that country and that is why temporarily I am not even supporting any constitutional amendments. Since we cannot hire angels to operate our laws, and we have to act under it and enforce it by ourselves we must learn to operate the defective one we have now very well before we proceed on another jamboree. Vigilance is the greatest virtue of democrats and that is why I respect Guv. Tinubu of Lagos- he goes to court quick on FG cases when state rights are infringed upon and always gets justice without caring whose ox is gored.

[enigma]

Originally Posted by michael

But are you not curious why the wronged prefer not to seek redress in the courts? Is it that we as a people just don't feel pinched by injustice? SSS raids AIT and AIT just shuts up, can you imagine that? Emir in Nassarawa state is banished and dethroned against his constitutional rights to freedom of movement and life and he accepts it until his health deteriorates. Sharia law is being enforced by state outfits acting outside the law, and the country accepts it against the spirit and letter of the constitution. Many illegalities have gone down in that country and that is why temporarily I am not even supporting any constitutional amendments. Since we cannot hire angels to operate our laws, and we have to act under it and enforce it by ourselves we must learn to operate the defective one we have now very well before we proceed on another jamboree. Vigilance is the greatest virtue of democrats and that is why I respect Guv. Tinubu of Lagos- he goes to court quick on FG cases when state rights are infringed upon and always gets justice without caring whose ox is gored.

I am not curious 'cos lessons from history tell us that if you try to sue, you don't win, so why bother?

[michael]

Originally Posted by enigma

I am not curious 'cos lessons from history tell us that if you try to sue, you don't win, so why bother?

People do win. It just takes determination to see the case to logical conclusion. Alhaji Dalhatu an opposition politician persecuted by EFCC just had his day in court and he won handily. FG now owes him 10 million niara for detaining him illegally for 2 nights. U like money?

[Buda Atum]

Originally Posted by michael

But are you not curious why the wronged prefer not to seek redress in the courts? Is it that we as a people just don't feel pinched by injustice? SSS raids AIT and AIT just shuts up, can you imagine that? Emir in Nassarawa state is banished and dethroned against his constitutional rights to freedom of movement and life and he accepts it until his health deteriorates. Sharia law is being enforced by state outfits acting outside the law, and the country accepts it against the spirit and letter of the constitution. Many illegalities have gone down in that country and that is why temporarily I am not even supporting any constitutional amendments. Since we cannot hire angels to operate our laws, and we have to act under it and enforce it by ourselves we must learn to operate the defective one we have now very well before we proceed on another jamboree. Vigilance is the greatest virtue of democrats and that is why I respect Guv. Tinubu of Lagos- he goes to court quick on FG cases when state rights are infringed upon and always gets justice without caring whose ox is gored.

I remember, as a child, I planned to go and sue the Nigerian Government for giving me a sub-standard education! For years, it was on my mind, until I realised it would probably cost a lot, and I might not win! Thats not to say that I d not intend to, when I have a few million to throw away, but well.

Yes michael, why does one not seek redress in Nigerian courts? I'll say, because those courts do not work properly, and it cost too much to bring a suit!

I can just see thereaction to what I said above! I bet, any of you who read it, on first read, thought "what do you mean, sue the Nigerian government for giving one a sub-standard education"! (Come on, be honest! I know you might not want to say so now that I myself have pointed it out, but would you agree that one could have been given a sub-standard education in Nigeria and would like to sue!?)

We have a thread on here about the intended Privatization (or was it Liberalization) of the Law School. I would think the law don't work, it needs changing, and while we might not have come up with the ideal angelic solution, yet, I would go for any change myself!

[AGSOBA69]

Originally Posted by Buda Atum

I remember, as a child, I planned to go and sue the Nigerian Government for giving me a sub-standard education! For years, it was on my mind, until I realised it would probably cost a lot, and I might not win! Thats not to say that I d not intend to, when I have a few million to throw away, but well.

Yes michael, why does one not seek redress in Nigerian courts? I'll say, because those courts do not work properly, and it cost too much to bring a suit!

I can just see thereaction to what I said above! I bet, any of you who read it, on first read, thought "what do you mean, sue the Nigerian government for giving one a sub-standard education"! (Come on, be honest! I know you might not want to say so now that I myself have pointed it out, but would you agree that one could have been given a sub-standard education in Nigeria and would like to sue!?)

Well, let me not disappoint you!

Just how would you go about suing FGN, or any government that is not Communist or any of its variants, for providing its citizens substandard anything, besides security?

First, in order for your suit to have any merit at all, the contention must be something within the realm of the purpose for which it was established! Is education part of the purpose of a properly instituted government?

Again, the only rational purpose of a properly instituted government is the provision of security for its citizens. The other provisions are simply secondary and optional!

[Buda Atum]

Originally Posted by AGSOBA69

Well, let me not disappoint you!

Just how would you go about suing FGN, or any government that is not Communist or any of its variants, for providing its citizens substandard anything, besides security?

First, in order for your suit to have any merit at all, the contention must be something within the realm of the purpose for which it was established! Is education part of the purpose of a properly instituted government?

Again, the only rational purpose of a properly instituted government is the provision of security for its citizens. The other provisions are simply secondary and optional!

Oh, Agso, since the Nigerian education, at least, when it was administered to me, was Government intituted (as in, they owned the school!), I am afraid, they are responsible for what got taught, or not taught, as the case may be! Whether education is suppose to be within their remit is a mute point!

And I assure you, while it might have been secondary or primary for them, it was rather of immense importance to me; like I said, it was their school!

[AGSOBA69]

Originally Posted by Buda Atum

Oh, Agso, since the Nigerian education, at least, when it was administered to me, was Government intituted (as in, they owned the school!), I am afraid, they are responsible for what got taught, or not taught, as the case may be! Whether education is suppose to be within their remit is a mute point!

And I assure you, while it might have been secondary or primary for them, it was rather of immense importance to me; like I said, it was their school!

How many years did you spend in the school where you were allegedly provided with substandard education? If you spent more that a few days, then do you still think you have a case?

You cannot gulp down a whole meal and then turn around to feign unsatisfactory customer because of bad food!

The government provided what they could, it is not their job, and you were free to attend another school, were you not? If education were of such immense importance to you, why did you remain in a school where you were fed substandard education?

Since it is not their primary purpose, let's take it away from them!

[Buda Atum]

Originally Posted by AGSOBA69

How many years did you spend in the school where you were allegedly provided with substandard education? If you spent more that a few days, then do you still think you have a case?

You cannot gulp down a whole meal and then turn around to feign unsatisfactory customer because of bad food!

The government provided what they could, it is not their job, and you were free to attend another school, were you not? If education were of such immense importance to you, why did you remain in a school where you were fed substandard education?

Since it is not their primary purpose, let's take it away from them!

First, let me agree with you, "Lets take it away from them"! They useless at the delivering the stuff, and they shouldn't be involved in it, the dumb asses! But your analogy as to gulping down the whole food and complaining don't quite wash with me!

School, in my time was such that you be glad to find a place to take you! You see, I weren't one of those who could chose because they had economic power, and besides, it was during a time when all schools were government owned! Basically, if you no like, you go stay at home! I sure you'd agree, or allow me at least to state, any education is much better than none at all?

I know it might seem pointless taking the government to court on the basis of delivering sub-standard education, but the whole intention is to provide a platform to question the type of education they are giving, and what type people ought to get!

At the very least, I believe my pointless exploit would bring our education into a critical limelight! I assure you, it could do with some lemon juice!

[michael]

Originally Posted by Buda Atum

I remember, as a child, I planned to go and sue the Nigerian Government for giving me a sub-standard education! For years, it was on my mind, until I realised it would probably cost a lot, and I might not win! Thats not to say that I d not intend to, when I have a few million to throw away, but well.

Yes michael, why does one not seek redress in Nigerian courts? I'll say, because those courts do not work properly, and it cost too much to bring a suit!

I can just see thereaction to what I said above! I bet, any of you who read it, on first read, thought "what do you mean, sue the Nigerian government for giving one a sub-standard education"! (Come on, be honest! I know you might not want to say so now that I myself have pointed it out, but would you agree that one could have been given a sub-standard education in Nigeria and would like to sue!?)

We have a thread on here about the intended Privatization (or was it Liberalization) of the Law School. I would think the law don't work, it needs changing, and while we might not have come up with the ideal angelic solution, yet, I would go for any change myself!

You are getting over your head. There is no law against sub standard education in Nigeria- so stop wasting your time. What about suing the police for arresting you unjustly? For harrasing you at road blocks? Suing NEPA for requesting bribes to hook u up to the grid? Those are salient legal knots that can be untied in the long run, but my people like quick justice. Even an adage goes that Justice from God doesn't even come quick..how about man then?

[michael]

Originally Posted by AGSOBA69

Well, let me not disappoint you!

Just how would you go about suing FGN, or any government that is not Communist or any of its variants, for providing its citizens substandard anything, besides security?

First, in order for your suit to have any merit at all, the contention must be something within the realm of the purpose for which it was established! Is education part of the purpose of a properly instituted government?

Again, the only rational purpose of a properly instituted government is the provision of security for its citizens. The other provisions are simply secondary and optional!

who said so? Ayn Rand? If government is running a company/enity, I can sue them for damages done to my house/health by such entity.