• Main News
  • About Us
  • Contact
Premium Times Opinion
Saturday, March 6, 2021
  • Home
  • Democracy and Governance
    • Bámidélé Upfront
    • Jibrin Ibrahim
    • Okey Ndibe
  • Economy
    • Ifeanyi Uddin
  • Issues of the Day
    • Adeolu Ademoyo
    • Aribisala on Tuesday
    • Dele Agekameh
    • Pius Adesanmi
  • Politics
    • Ebeneezer Obadare
    • Femi Fani-Kayode
    • Garba Shehu
    • Hannatu Musawa
    • Zainab Suleiman Okino
  • Guest Columns
  • Faith
    • Article of Faith
    • Sunday Ogidigbo
    • Friday Sermon
    • Elevated Sight
  • Home
  • Democracy and Governance
    • Bámidélé Upfront
    • Jibrin Ibrahim
    • Okey Ndibe
  • Economy
    • Ifeanyi Uddin
  • Issues of the Day
    • Adeolu Ademoyo
    • Aribisala on Tuesday
    • Dele Agekameh
    • Pius Adesanmi
  • Politics
    • Ebeneezer Obadare
    • Femi Fani-Kayode
    • Garba Shehu
    • Hannatu Musawa
    • Zainab Suleiman Okino
  • Guest Columns
  • Faith
    • Article of Faith
    • Sunday Ogidigbo
    • Friday Sermon
    • Elevated Sight
No Result
View All Result
Premium Times Opinion
Home Politics Garba Shehu

A Judge’s Dangerous Whim, By Garba Shehu

by Garba Shehu
December 24, 2014
4 min read
7

Many years after alarm bells began ringing in Southern Nigeria protesting lower cut-off marks for Northern candidates for admission into Federal Government Colleges, a Federal High Court in Lagos has struck down the government admission policy.

Justice John Tsoho who handed down the landmark decision says that admission into federal colleges should no longer be based on “other factors” but purely on merit.

A foremost lawyer, Olisa Agbakoba (SAN) had approached the court on the basis of the constitution and the 2009 Fundamental Human Rights Enforcement Rules of the Court to ask that the policy of admission that recognizes ethnicity, gender, religion and place of origin was discriminatory and therefore against the constitution.

In handing down his decision, Justice Tsoho asserted that the admission policy of the federal government was a clear departure from the 1999 Constitution (as amended), adding that the policy was discriminatory and went on to declare it null and void.

For many parents and their wards in Southern states of the federation where the education system is firmly established and therefore well advanced, it defies comprehension that a candidate from, say Osun will need 127 marks, Imo 138 and Anambra 138 to qualify for admission, while a child from Yobe and Zamfara requires less than half of these numbers to get enrolment.

Taken in isolation of the several factors that gave rise to these differential points of entry, many will feel outraged that we run a system that is inherently discriminatory, unfair and unjust. But it is equally surprising that the technical points of Olisa Agbakoba’s arguments could sway the Judge to set aside factors of imbalance, capacity and endowment to put the Court in collision course with, not only common sense but the federal system of government with diversity at the core of its existence.

A federal system inherently recognizes diversity of components parts and to that extent, seeks to balance the disadvantages of some parts with the others, so that they are mitigated. That is why grant support differs from one state to another. Take for instance funding for ecological projects. Ecological devastation of say Anambra or Enugu is not the same as you have in Nasarawa or Osun States. You don’t say each of the states must draw equal sums because the constitution speaks about the equality of state.

Under the current dispensation, there is a massive intervention by government aimed at mitigating the past neglect of the Niger Delta. We now have a ministry for Niger Delta. In addition to that, there is a development commission, the Niger Delta Development Commission, NDDC, both of them enjoying the full backing of the Federal Executive Council, the National Assembly and the entire citizens of the country in the belief that to bring peace, stability and equality of all citizens to bear on that region, government needed to go beyond the normal budgetary allocations to accelerate development of the neglected areas.

In the same vein, the President, Dr. Jonathan Goodluck has himself spoken severally about a planned intervention in the North-East, in order to ameliorate the losses and hardship caused by the on-going insurgency.

Lower cut-off points in Nigeria has a history of its own that included, but not limited to the poor acceptance of the modern school system for cultural reasons in the region; the poor state of education infrastructure including the lack of teachers in sufficient quantity and quality as well as poor governance generally characteristic of the North. The children have no hand in these.

Until 1978 when the United States Supreme Court forbade racial quotas in college admissions, even the country’s best colleges and universities reserved quotas for lower-income students, unrepresented minorities and athletes. Despite the Supreme Court ruling, suspicions continue to linger about the Harvard and University of California, UCL continuing use of race as a way of building on diverse student body.

Besides, there are several studies showing that skills that are validated by admission tests and examination are not necessarily those that enhance classroom participation or inter-personal dynamics when doing research with peers or professors.

Arguments canvassed by Mr. Agbakoba though technically sound and founded on the constitution, fail to take into account embedded disadvantages suffered by certain parts of the country which needed to be corrected through the allocation of those quotas. America has outlawed quotas because those under-represented sections of the populace – blacks, women and Asian American have mostly risen to the level where they thrive on their own, earning placements in schools without the need for quotas. The problem we have here is that people simply copy or adopt foreign solutions without adapting them to our situations.

In scrapping the admission policy of the Ministry of Education, one is left to wonder whether the judge has weighed the political and social implications of the order he has given.

Nigeria is today a country ravaged by the Boko Haram insurgency which has been linked directly to poverty and the lack of education. One of the policies of the current administration that has won it plaudits is its establishment of the Almajiri School System, which seeks to remove 10 million children roaming the streets so that they get access to the school system.

A Judge who orders more children from these areas be pushed to the streets through denial of access to schools is adding to the country’s problem not solving it. This order will only broaden the recruitment base of the Boko Haram. It will lead to the reduction of school intake in volatile sections of the country. If the litigants had in mind the pursuit for equality for all through the justice system, you wonder why they targeted school enrolment instead of the glaringly unequal distribution of state resources and such other privileges that has brought about the social crisis rocking the country.

Justice that is fair and equitable all over the world recognizes mitigating factors and it cannot be different dealing with disadvantaged kids. There is a mitigating factor even in criminal trial.

A federal system of administration should seek to bring up and strengthen all component parts not to weaken any part thereof. It is significant that this court decision is coming at a time of differing perceptions of the government at the centre, with many having the view that it is tilted and biased against the North. The court order can only reinforce this negative perception, and a sense that there is after all, a method in the madness.

While government should be impelled by this political judgment to seek a solution that satisfies all, the Attorney-General of the Federation should in the meantime appeal against it without delay.

Share this:

  • Tweet
  • Print
  • More
  • Pocket
  • Share on Tumblr

Related

Previous Post

Christmas in Electioneering Season, By Dele Agekameh

Next Post

Watch And Pray, Watch And Prey! By Wole Soyinka

Related Posts

Zamfara Gold As Commonwealth, By Zailani Bappa
Opinion

Sheikh Gumi, Governor Matawalle and the Sands of Time, By Zailani Bappa

February 2, 2021
June 12 As Democracy Day Needs To Be Reconsidered, By Bashir Tofa
Opinion

The Need To Act Now To Stop the Ethnic Conflagration!, By Bashir Othman Tofa

February 2, 2021
Kofi Annan: In Service of the World, By Ejeviome Eloho Otobo & Oseloka H. Obaze
Opinion

Biden’s Likely Policy Orientation Toward Africa, By Ejeviome E. Otobo and Oseloka H. Obaze

February 2, 2021
Agenda for ‘Born Again’ JAMB and TETFUND, By Tunde Musibau Akanni
Opinion

Oyeweso, A Celebrated Historian, Ascends the Sixth Floor, By Tunde Akanni

February 2, 2021
Before Nigeria Burns, By Akin Fadeyi
Opinion

Is President Buhari Presiding Over the Last United Nigeria?, By Akin Fadeyi

February 2, 2021
On A Soyinka Prize In ‘Illiteracy’, By Biko Agozino
Opinion

Obasanjo: Only Those Who Did Not Do Well Went Into the Military, By Biko Agozino

February 1, 2021
Next Post
From Chibok With Love, By Wole Soyinka

Watch And Pray, Watch And Prey! By Wole Soyinka

Baba Iyabo and National Assembly thieves, By Osondu Ahirika

Baba Iyabo and National Assembly thieves, By Osondu Ahirika

Editorial

  • EDITORIAL: The Urgency of Tackling Nigeria’s Second Wave of COVID-19

    EDITORIAL: The Urgency of Tackling Nigeria’s Second Wave of COVID-19

  • EDITORIAL: Unearthing the Cogent Lessons In the NESG-CBN Economic Policy Imbroglio

    EDITORIAL: Unearthing the Cogent Lessons In the NESG-CBN Economic Policy Imbroglio

  • EDITORIAL: COVID-19: Calling On Nigeria’s Billionaires and Religious Leaders To Step Up

    EDITORIAL: COVID-19: Calling On Nigeria’s Billionaires and Religious Leaders To Step Up

  • EDITORIAL: Bichi Must Go; Buhari Must Halt Slide Into Despotism

    EDITORIAL: Bichi Must Go; Buhari Must Halt Slide Into Despotism

  • EDITORIAL: The Flaws In Governor Emefiele’s Five-Year Plan For Central Bank of Nigeria

    EDITORIAL: The Flaws In Governor Emefiele’s Five-Year Plan For Central Bank of Nigeria

Subscribe to our Opinion articles via email

Enter your email address to get notifications of new opinion articles as they are published.

Join 526,525 other subscribers

Most Popular

  • Nnamdi Kanu and Buhari’s Purported Death: The Facts and Fiction (2), By Nonso Robert Attoh
    Nnamdi Kanu and Buhari’s Purported Death: The Facts and Fiction (2), By Nonso Robert Attoh
  • The Bad Consequences and Dangers of Adultery and Fornication (Zina) In Islam, By Murtadha Gusau
    The Bad Consequences and Dangers of Adultery and Fornication (Zina) In Islam, By Murtadha Gusau
  • The Qualities of a Good Leader In Islam, By Murtadha Gusau
    The Qualities of a Good Leader In Islam, By Murtadha Gusau
  • What is the Nigerian Dream?, By Taiwo Odukoya
    What is the Nigerian Dream?, By Taiwo Odukoya
  • Enenche, the Glory Dome and Critics: One Year After, By Festus Owete
    Enenche, the Glory Dome and Critics: One Year After, By Festus Owete
  • Islam Doesn't Allow A Husband To Beat Or Slap His Wife, By Murtadha Gusau
    Islam Doesn't Allow A Husband To Beat Or Slap His Wife, By Murtadha Gusau
  • Islam and the Conditions For Marrying More Than One Wife, By Murtadha Gusau
    Islam and the Conditions For Marrying More Than One Wife, By Murtadha Gusau

Like us on Facebook

Like us on Facebook

Podcasts

Advertisement

Advertisement

Advertisement

  • Main News
  • About Us
  • Contact

© 2021 JNews - Premium WordPress news & magazine theme by Jegtheme.

No Result
View All Result
  • Home
  • Democracy and Governance
    • Bámidélé Upfront
    • Jibrin Ibrahim
    • Okey Ndibe
  • Economy
    • Ifeanyi Uddin
  • Issues of the Day
    • Adeolu Ademoyo
    • Aribisala on Tuesday
    • Dele Agekameh
    • Pius Adesanmi
  • Politics
    • Ebeneezer Obadare
    • Femi Fani-Kayode
    • Garba Shehu
    • Hannatu Musawa
    • Zainab Suleiman Okino
  • Guest Columns
  • Faith
    • Article of Faith
    • Sunday Ogidigbo
    • Friday Sermon
    • Elevated Sight

© 2021 JNews - Premium WordPress news & magazine theme by Jegtheme.

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.