the House of Representatives has again rejected a bill that prohibits civil servants from sending their children and wards to schools abroad without the approval of the Minister of Education.
Sergius Ogun (PDP, Ogun), the bill’s sponsor, had introduced a similar bill in the 8th Assembly, but lawmakers rejected the bill.
He also sponsored a bill to make it mandatory for civil servants to receive medical care in Nigerian hospitals. This bill was also rejected by the legislators of the time, alleging violation of fundamental rights.
Mr. Ogun’s bill proposed that a public official can only send his children or wards to foreign schools after approval by the Minister of Education. It also requires officers to provide proof of ability to pay school fees for their wards.
This bill comes on the heels of another closure of federal universities caused by the strike launched by the Union of Academic Staff of Universities (ASUU) over the 2009 agreements.
Highlights of the bill
Section 4 of the rejected bill states that “a public official may not send his ward or children abroad for study without a declaration of interest subject to approval.”
Section 6 of the bill provides the steps to obtain approval. It read: “The public official who declares an interest in sending his pupil or child abroad for higher studies must submit the following documents for consideration:
(a) A completed form indicating the name and address of the public official, the name and age of the child or ward, his level of education, the name of the intended school abroad, the length of studies and the number of children studying abroad;
(b) Appointment letter
c) Bank statement
(d) Salary payment slip
(e) asset declaration form; and
(f) Affidavit stating that you are financially capable of sponsoring your education.
Section 7 says (1) The minister will carry out an investigation to verify the authenticity of the documents submitted for approval.
Section 9 of the bill provides for a fine of N1 million or three years’ imprisonment for breach of the law.
The debate
Leading the debate on the bill, Mr. Ogun drew a link between dilapidated public school facilities and the thirst for foreign schools.
He argued that the bill has the capacity to address the allocation of resources to public schools.
“The problem with this is that most of those who are patronized by private educational institutions or those who travel abroad to study are children and are under the guardianship of Nigerian public officials. These are the officials who must assume the responsibility of building our public institutions,” said the legislator.
He expressed concern about the outflow of scarce foreign resources to finance these expenses. The legislator noted that more than N1 billion enters the Ghanaian economy from Nigeria.
Chiyere Igwe (PDP, Rivers), while opposing the bill, said that the content of the bill offends the spirit of the 1999 constitution which gives all Nigerians the right to move anywhere.
He stated that the Code of Conduct Law is sufficient to determine whether a public official has the means to send his pupils to schools abroad.
“As far as I am concerned, this bill offends the fundamental human rights of Nigerians, which guarantee freedom of movement. The constitution gives you absolute rights to move. So with this bill, you are offending the constitution, therefore it is null and void.
“The public officials who send their pupils to schools, not all of them have control of public funds. I introduce myself as Chiyere Igwe and can say that I do not control the public. If I send my children to school abroad, have I done something wrong?
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He added that “under the Code of Conduct Law, he is only allowed to cultivate, with this bill, he is breaking the constitution.”
Leke Abejide (ADC, Kogi) also spoke out against the bill on the basis of the 1999 constitution. He argued that many have had their pupils in such schools before being elected.
“I should give up this bill. It is against my right. Most of us, before arriving here, have our children studying abroad. So it is not because we are public officials, we should not send our children abroad. If you say because I am now a member of the House of Representatives, I should go and remove my children, from where they are studying, when we all agree that the schools are not in order.
Others who spoke out against the bill included Nicholas Ossai (PDP, Delta) and Deputy Minority Leader Toby Okechukwu (PDP, Enugu).
While exercising his right of reply, Mr. Ogun, who was visibly upset with his fellow legislators, urged them to read the bill properly to understand its content. He noted that regulation is needed to address the challenges facing public education in Nigeria.
However, he was warned by the chair, Vice President Idris Wase (APC, Plateau), who asked him to watch his language on the House floor.
When the bill was put to a vote, members overwhelmingly rejected it.