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Dear President Goodluck,

We are compelled
to write regarding the recent Federal Government directive shutting
down all primary and secondary schools in the country until 30 January
2011 because of the voters’ registration exercise scheduled to begin on
15 to 29 January 2011. The directive also stated that SS3 students who
are preparing for their final examinations are exempted. The directive
failed to mention JSS 3 students and those preparing for international
examinations and how the Federal Government will ensure that they also
not affected.

The initial
directive announced on 6 January was that schools would be closed until
4 February. Then on 7 January, the Federal Government unilaterally
announced on National Network television that the schools would now
re-open on 30 January.

This directive was
issued on the last working day before schools were due to re-open.
Those most affected by it are school children in primary and secondary
schools, nearly all of who are ineligible to vote. With this directive,
therefore, the children are now liable to lose about one month of
schoolwork.

As a democratic
nation whose citizens voluntarily abandoned military rule 12 years ago
and chose the path of elective democracy, governmental decisions have
to be grounded in law and reflect the deliberative character of
democratic governance. The manner of this decision and its
communications is alarmingly short of these standards.

Under our federal
system of government, states have responsibility for primary education
while the federation and the states share responsibility for secondary
education. Yet, in issuing this directive, the Federal Government did
not consult with any of the states or secure their consent nor were the
unions of teachers, school proprietors, parent-teachers association
carried along. Furthermore, statements like ‘’… compliance will be
total’’ suggest that some people in your government are not aware that
the military left political power long ago.

Many countries with
more serious political challenges, including, Afghanistan, Côte
d’Ivoire, Iraq, Rwanda, and Sudan, have recently organised elections.
None had to shut their schools in order to register voters.

Participating in
the voter registration process is an essential foundation of the
citizen’s right to vote. Mr. President, many Nigerians undoubtedly want
to participate in the upcoming voter registration but not at the
expense of their rights or of their obligations to their children. The
education of our children is a basic obligation of both parents and
government in Nigeria required by the Child Rights Act, the Children
and Young Persons Act and the Universal Basic Education Act. In
addition, one of the major goals contained in the Millennium
Development Goals (MDGs) to which Nigeria is committed is the basic
education for all children.

This directive violates all these laws without any legislative or constitutional justification.

Moreover, in
purporting through this directive to cover private schools, the Federal
Government interferes with the property rights of school proprietors
without justification or compensation, contrary to section 43 of the
1999 Constitution. For those in private schools, is the Federal
Government willing to compensate the parents for the tuitions fees they
have paid? Quite apart from lacking any rational policy justification,
this directive is clearly unlawful and unconstitutional on its terms.
It sets a bad example for future generations in suggesting that
government is above the law.

Mr. President, what
do you suggest the students do until 30 January? Not many parents can
afford extra tuition; under-age hawking is banned in many states. There
have been numerous announcements and summits advising the youth to
desist from being used as agents of political violence. It would appear
that this extended resumption or holiday is contrary to what the
government has been advising.

Mr. President, it
is glaringly obvious that due to this directive these school children
will join the eight million out of school and those not in
universities. In the face of mass failure, illegally sanctioning
closure for an additional month demonstrates that we have a government
that is not serious about education.

Surely, there are
other solutions to the upcoming voter registration exercise without
maximum disruption to the education sector? We have stadiums,
government parastatals, public centres, faith buildings, hospitals, and
private organisations that may lend their premises.

Lastly, is there a
consensus within the Federal Government that our children’s education
can be sacrificed for the registration exercise and credible elections?
It is us (their parents and leaders) who have failed this nation to the
extent of issuing a directive to keep them at home. We are the ones
that should make that sacrifice by taking the time off work to
register, vote for responsible accountable candidates and finally by
peacefully protecting our vote.

As patriots, we
love our country and would love it to take its rightful place in the
world. As parents, we love our children, whom we are also duty bound to
prepare to take over the leadership of this country some day in future.
This directive suggests that we eviscerate our parenting obligations
under the guise of patriotism. So, Mr. President, we ask, don’t our
children also deserve the good luck you promised?

Yours sincerely,

Bunmi Ibraheem (Lawyer and Managing Partner at Swift and Moore)

Chidi Odinkalu (Senior Legal Officer, Open Society Justice Initiative)

Abiola Sanusi (Educator, Riplington & Associates)