Education is one of the most powerful instruments known for reducing poverty and inequality and for laying the bases for sustained economic growth. It is fundamental for the construction of democratic societies and dynamic, globally competitive economies, for individuals and for nations, education is the key to creating, applying and spreading knowledge.

Education has been regarded in all societies and throughout human history both as an end in itself and a means to an end. Its relegations as a human right is derived from the indispensability of education to the preservation and enhancement of the inherent dignity of the human person.
The right to education, along with other economic, cultural and social rights are entrenched in chapter 2 of the 1999 constitution of Nigeria under the title: Fundamental objectives and Directive principles of state policy. These are moral rules which lack legal enforceability.

Section 18 (1) provides that Government should direct its policy towards ensuring that, there are equal and adequate educational opportunities at all levels. Government shall promote science and technology and strive to eradicate illiteracy. To this end Government shall, as and when practicable, provide free, compulsory and universal primary education free secondary education and free adult literacy programme. The constitution went further to declare the Economic, social and cultural rights contained in chapter 2 non- justifiable by section 6 (6).
However, several international and regional legal instruments to which Nigeria is a state party recognises the right to education.

The universal Declaration of Human Rights (UDHR) states that everyone has the right to education. In addition, it says that education shall be free, at least in the elementary and fundamental stages.

Elementary education shall be compulsory. Higher education shall be equally accessible to all on the bases of merit and technical and professional education shall be made generally available. The UDHR also stipulates that education should be directed towards the full development of the human personality and strengthen respect for human rights. Finally it acknowledges that parents have a prior right to choose the kind of education that shall be given to their children.

Article 13 of the International convention on Economic, social and cultural Rights (ICESCR) contains a general statement that everyone has the right to education and that education should contribute to the full development of the human personality it also specifically stipulates that primary education shall be compulsory and available free to all, secondary education, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, in particular by the progressive introduction of free education.

Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means in particular by the progressive introduction of free education, fundamental education shall be intensified for those persons who have not received or completed the whole period of their primary education, systems of schools shall be established and the material condition of teaching shall be continuously improved.

The liberty of parents or guardians to choose for their children schools other then those established by the public authorities which conform to minimum educational standards shall be respected.

In addition article 13 recognizes the liberty of parents or guardians to ensure the religious and moral education of their children in conformity with their own convictions Article 14 requires each state party that has not been able to secure compulsory primary education free of charge, to undertake within two years, to work out and adopt a detailed plan of action for the progressive implementation.”—) of compulsory primary education free of charge for all.

Article 28 of the convention on the Rights of the child (CRC) is similar to the provisions on the right to education contained in the ICESCR. In addition, it states that school discipline should be administered in a manner consistent with a child’s human dignity.

Article 29 stipulates that the education of the child shall be directed towards the development of the child’s personality, talents and mental and physical abilities to their fullest potential.

The UNESCO convention against Discrimination in Education stipulates the need for states parties to adopt national policies when will promote equality of opportunity and treatment, and also make primary education free and compulsory. In addition, it recognizes parents right to freely choose their children’s educational institutions and to ensure the religious and moral education of their children in conformity with their own convictions. Similarly, article 10 of the convention on the Elimination of all forms of Discrimination against women (CEDAW) provides for equal access to career and vocational guildance and to studies at all educational levels, access to the same curricula and examination elimination of stereotyping in the roles of women and men, and the same opportunities to benefit from academic scholarships.

The right to education is also recognized and guaranteed under several regional human rights instruments in particular, the African chapter on Human and People’s Rights (article 17) and the African chapter on the Right and welfare of the child.