V pass* . . - : ' . v r ' -■■;■■■';■■> i i ■ CURRICULUM AND LANGUAGE EDUCATION t tM s a k ;» 1 Edited by: FOLAJOGUN V. FA LAY E JOSEPH A. ADEGBILE Volume 1 ■ UNIV ERSIT Y O F IB ADAN L IB RARY ISSUES IN CURRICULUM AND LANGUAGE EDUCATION Volume I Edited by Folajogun V. Falaye Joseph A. Adegbile IS AD AN UNIVERSITY PRESS 2017 UNIV ERSIT Y O F IB ADAN L IB RARY Ibadan University Press Publishing House University of Ibadan Ibadan, Nigeria. © 2017 Folajogun V. Falaye & Joseph A. Adegbile First Published July 2017 All Rights Reserved No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, photocopying, recording or otherwise, without permission in writing from the Publisher. ISBN: 978 - 978 - 8529 - 39 - 2 UNIV ERSIT Y O F IB ADAN L IB RARY CONTENTS Pages Foreword ix Preface xi Notes on Contributors xiii Brief on Professor M.A. Araromi xvii SECTION ONE: TRIBUTES TO PROF. MAC. ARAROMI 1 SECTION TWO: ESSAYS Curriculum Issues Utilization of Early Intervention for Social Skills Development among Children with Mild Intellectual Disability: Benefits and Barriers John Olusegun Oyundoyin, Samuel Udeme Jacob & Olufunke Esther Oyefeso 9 Attempt at Reforming Education and the Challenge of National Liberation in Nigeria: The Place of Early Childhood Education Salami Afdndele Ishola 19 Managing the Curriculum Development Process in Tertiary Education Pai Obanya 29 Problem Solving Approaches in Science Teaching and Learning as a Panacea to Overcoming Challenges in Science Education Pam Dazi Ezeldel 43 Administration of Secondary Schools’ Education in Nigeria: The Impeccable Factors for Consideration Serif at F. Akorede 57 Respect and Cooperation in a Reformed National Civic Education Curriculum SJ. Meroyi 69UNIV ERSIT Y O F IB ADAN L IB RARY The Quest for Research in Science and Technology and Ethical Issues Tolulope W. Yoloye 77 Today’s Learners and Technology: Prospects and Challenges Olubunmi S. Labo-Popoola 95 ICT and Development Folorunso Oluyomi 103 Language Education Language Acquisition Process: Implications for the Teaching of English as a Second Language Ayo Ogunsiji, D. O. Fakeye & O. O. Olagbaju 117 A Study of Idioms and Proverbs, their Meanings and Lormation Samuel O. Ayodele 131 Efficiency in Reading: Faster Reading and Comprehension in Perspective M.O. Alegbeleye 147 A Mon Pere M.A. Araromi > 157 La Vie Humaine M.A. Araromi 159 A Re-Examination of the English Present and Past Participles Folorunso Oladeji Ladapo 161 Reading Comprehension as a Social Constructivist Process Olufunke M. Osikomaiya 173 Promoting Pupils’ Participation in Classroom Activities and Achievement in School Subjects at the Primary School Level through Mother Tongue Instruction Clement Olusegun Olaniran Kolawole'& Temitayo A. Amao 187 Issues in Language: The Nigerian Perspective D. O. Fakeye & K. O. Ogunyemi 197 UNIV ERSIT Y O F IB ADAN L IB RARY Legal Issues The Quandary of Legal Right to Education and the Quota System Policy of Tertiary Institutions Admission in Nigeria Marcus Ayodeji Araromi 211 Legal Issues in Education Policy Ola Kolawole 223 The Role o f ICT in the Advancement o f Legal Education in Nigeria Sunday Akinlolu Fagbemi 231 General Education Wither Thou Goeth: Pathways toward Qualitative Inquiry or Quantitative Research Folajogun V. Falaye 245 The Significance of Play in Childhood Education Ajibola Malomo 261 Pareto-Criterion: The Yardstick for Impacts Evaluation of a Programme Olayemi Jumoke, Abiodun-Oyebanji & Segun Michael, Ojetunde 269 "Tie Role o f Early Childhood Care and Education in the Development of Sub-Saharan Africa Felicia Oduntan 281 Enhancing Teachers’ Professional Development Through Reflective Teaching Practice Isaac Nnam Ohia & Esther Morayo Dada 297 The Role of Evaluation in the Education Process Joseph A. Adegbile 313 Uses of Statistics in Education as Field o f Study J.O. Fehintola 323 Perceived Dysfunctional University Education in Nigeria: Need for a Paradigm Shift Olufemi Abiodun Ajayi & Olugbenga A. Oguntamu 339UNIV ERSIT Y O F IB ADAN L IB RARY Addressing Issues o f Validity and Test of Significance in Educational Research Joshua Oluwatoyin Adeleke 351 Classroom Assessment: A Simple Procedure for Estimating the Reliability of Teacher - Made Mathematics Tests Benson Adesina Adegoke 361 Evaluation that Supports Learning Adams O.U. Onuka 371 Relevance of Expanded Core Curriculum to School Adjustment o f Students with Visual Impairment in Nigeria Adebayo Francis Komolafe 383 Self Control Approaches to the Treatment o f Test Anxiety and Examination Malpractices Kassim Olusanmi Ajayi 397 The Right to Food in Nigeria: What is the Impact o f University Education on Food Security? Felix Olaniyi Olayinka 411 Index 431 UNIV ERSIT Y O F IB ADAN L IB RARY 19 THE QUANDARY OF LEGAL RIGHT TO EDUCATION AND THE QUOTA SYSTEM POLICY OF TERTIARY INSTITUTIONS ADMISSION IN NIGERIA Marcus Ayodeji Araromi Introduction Education is the backbone of development in any society, and it is also opium of growth and creates avenue for information acquisition which can help to grease the wheel o f progress in the society. Any society that does not promote education is heading for a doom and technical suicide or extinction. Various societies have seen the need to foster education and therefore developed various policies to shape education at different cadres. A policy is being regarded as a course or principle o f action adopted or proposed by a government in addressing certain important issues. It is essentially a plan of action or guiding principles o f governmental activities or proposed activities in any area or sector of the society. Hence, policy is a declared objective that government seeks to achieve. Nigeria, just as many other countries, also has certain policies in the educational sector for the purpose of shaping or tailoring its educational activities. Out of these humongous policies, the one that is particularly o f interest in this work is the quota system policy in admission into tertiary institutions in Nigeria, especially at the federal level. It should be noted that policy decisions may be shaped by the political landscape of the society concerned which may be due to constitutional provision or implementation of statutory dictates, or purely based on ensuring political balance in the society. The issue of tertiary education is also very important and fertile region of policy development to facilitate promotion of tertiary education in Nigeria. Preference for university education m Nigeria by prospective students is great, considering the astronomic demand for admissions into the university system each academic year. This high premium placed on this form of education puts university education in higher pedestal compared with other forms of tertiary education in Nigeria. The obsession with and preference for university education have made avalanche o f admission seekers eachUNIV ERSIT Y O F IB ADAN L IB RARY 212 Marcus Ayodeji A rarom i academic year to compete for the limited spaces available for admission into preferred academic disciplines (Okoroma 2008). This is without prejudice to the fact that tertiary education in Nigeria is an important form and level o f education that cannot be swept under the carpet as there is a reflection of a surge in the number of applicants at all forms of tertiary institutions yearly. It is in a bid to have proper education at a higher level that prompt people to seek admissions into tertiary institutions in Nigeria. This factor has captured the interest of this writer to make a critical review of the policy on admission into federal tertiary institutions in Nigeria based on Quota System. The federal character principle and Quota System, no doubt, have a great influence on admission scheme in Nigerian tertiary institutions. Quota System and Federal Character Principle in the Nigerian Polity A proper understanding of any concept requires a vivid and adequate definition or explanation of such concept. Federal character principle is predicated on the recognition of the plural nature o f a country and the need to do justice in recruitment, distribution o f administrative and political offices, powers and the resources of the country amongst the federating units constituting the country. Nigeria is a conglomerate o f multi-ethnic groups and the structural imbalance, political inequality and inadequate representation at the centre create political tension and instability in the polity. The marriage of inconvenience which pulled together people of diverse ethnic groups and political philosophies came as a result of the colonisation of this sub-Sahara region of Africa, especially in 1914 when the Southern and the Northern Protectorates together with the Lagos Colony were merged together by Sir Frederick Lord Lugard. This and other political structuring of Nigeria created unequal representation in governance and inequitable distribution of the nation’s wealth. The essence of the principle of federal character is to ensure fairness in the composition and conduct of public institutions to reflect diversity (Obiyan & Akindele 2002). Ir. as much as federal character principle could promote social justice and help in achieving political equilibrium in a heterogeneous society, it is equally important to recognise individual rights based on merit and to ensure the best treatment to everyone. Balancing the set aim of federal character principle in achieving political equilibrium and employing the best applicable materials to foster societal good and development is also a point for consideration in ensuring social justice. Whereas it is important that no group must be marginalised in a federal setup it is equally important to protect individual’s rights. UNIV ERSIT Y O F IB ADAN L IB RARY The Quandary ofLegal Right to Education and the Quota System Policy o f Tertiary... 2 J 3 Federal character principle was first developed for filling vacancies in federal government establishments in 1967; and it was first constitutionally recognized under the Nigerian 1979 Constitution to correct apparent distortions in the socio-economic, political, admini­ strative, educational and other spheres in the Nigerian federal system and create national stability (Lambert 2010). It was an effort to resolve the structural imbalance and ethnic dominance in the country that called for this principle (Lambert 2010). Section 14(3) of the 1999 Constitution of the Federal Republic of Nigeria incorporates federal character principle in the participation of governance at the federal level and also in the federal agencies in a bid to promote national unity and national loyalty. As part of the efforts to ensure fair treatment and equal distribution of offices amongst the federating units of Nigeria, Federal Character Commission was set up under the 1999 Constitution of Nigeria to work out equitable formula for the distribution of all cadres of posts in the public service of the federation and of the states, the security outfits and government owned companies and parastatals o f the States. The idea of Federal character has come under heavy criticism in some quarters. One of the shortcomings of this principle is that it is a confused balancing of merit and the Quota System (Shuaib 2009). It was observed that admissions into federal unity schools and higher institutions are based on Quota System and not purely on merit which was adjudged to be counterproductive (Bodunrin 2003). Similarly, it was also asserted that for the Nigerian public service to attain its mandate o f facilitating sustainable development the government has to reappraise the implementation of federal character principle to ensure merit anchored on public service reform initiatives that can galvanize human capacity and governmental institutions for sustainable development (Donasco 2014). Bello (2012) posited that the principle of federal character gives equal weight to two opposite principles which are “irrespectivity” (that no Nigerian shall have cause to feel aggrieved or excluded on the bases o f his or her place of origin, religion, sex ethnic group) and “irreducibility” (ethnic equation in the main institution of the state). He stated further that federal character has pushed too far its “irreducible” principle thereby causing conflict between it and the “Irrespectivity” principle especially in the spheres o f education and economics. When Nigeria became a federal system in 1954 the idea of Quota System was developed and reflected in the appointments and admissions into federal establishments. In line with the principle o f federal character, though not too much a serious political issue, Alhaji Abubakar Tafawa UNIV ERSIT Y O F IB ADAN L IB RARY 214 Marcus Ayodeji Araromi Balewa introduced the Quota System for admission of students into government schools, recruitment of police and military personnel, appointments into public and civil service, etc., which has been adopted by successive governments in Nigeria (Kayode 2015). The Quota System received a boost in 1967 and was also adopted in filling vacancies into federal owned schools and institutions (Oyadiran and Olorungbemi 2015). According to Okoroma (2008: 7), Quota System policy in respect o f education provides for allocation of certain percentages o f admission slots into Nigerian Universities based on populations, ethnic considerations and States of Origin. Yoloye (1989) averred that the Quota System Policy, and other unpleasant policy considerations in education, are borne out o f reasoned compromise and based on four elements, which are academic merit, educationally disadvantaged state, catchment area and discretion. Part o f the arguments for Quota System in Nigeria is that all states need to be represented in the admission process to higher institutions of learning, and special preference should be given to the educationally disadvantaged states which would encourage nurturing and grooming of opportunities for every Nigerian from every community (Adujie). The purpose of extending Quota System to education in Nigeria is to ensure that no State is left behind in this sector in promoting educational development in the country. It is not doubtful that the current imbalance in education achievement between the Northern and the Southern parts o f Nigeria is due to the initial rejection of the western form of education by the North in preference for the Islamic/Qur’anic form during the colonial rule whereas the South embraced the western education which had long been practised and promoted in the Region before the North finally accepted it, perhaps imposed on it by the colonialists. The Northern predilection for Islamic education in not unconnected with the contact the Region had with the Islamic Jihadists led by Utman Dan Fodio about hundred years prior to the introduction of western education to Nigeria through evangelisation activities of the Christian missionaries in the middle of the 19th century. In a bid to correct the educational imbalance between the two Regions several education policies were developed over the years by successive governments in Nigeria. These include: ® the take-over o f schools and colleges from the missionary schools and other voluntary agencies; • the creation of the National Universities Commission to regulate admissions to the nation’s Universities and in this regard, the Joint Admission and Matriculation Board (JAMB) was established; UNIV ERSIT Y O F IB ADAN L IB RARY Jhe Quandary o f Legal Right to Education and the Quota System Policy o f Tertiary... 215 • quota admission to Federal Unity Schools in the country; • quota admission to Navy, Army and Air-force schools; • quota admission to the “Gifted school”, the Suleja Academy; • establishment o f nomadic education for migrants; • establishment of National Teachers’ Institute, Kaduna to accelerate the training of Grade II teachers; • Special grants to “disadvantaged” states in order to provide additional facilities for various levels of educational institutions; • The 1976 Universal Primary Education Scheme (UPE) • The setting up of the National Primary School Education Commission in 1988 that recommended grants to states for children not registered in school along with those registered in schools; • the re-launching of the Universal Basic Education (UBE).(Okobia, 2002). • The Al-Majiri education scheme established by the Federal Government in the Northern part of the country. In tackling the mirage, perhaps a problem, aimed to be solved by Quota System in education sector, Okobia (2002) suggests that there is a compelling need to apply the positive and preventive measure of remediating the imbalance between the two Regions by increasing primary' schools enrolments in the Northern Region “instead o f the curative educational policies o f federal character and quota admissions into secondary and tertiary educational institutions.” The admission policy into federal tertiary institutions requires positive consideration of certain percentage of applicants from Educational Disadvantaged States (EDS) for less stringent admission requirements, hi other words, the applicants seeking admission into federal institutions are not subjected to the same stringent conditions compared to the applicants from the educationally advanced states in Nigeria. This situation creates inequality and injustice on personal basis where someone who scores better grade is denied admission because he or she comes from an educationally advanced region whereas a person who has a lesser grade is privileged to be admitted because he is from an EDS. Regardless o f the state where the prospective student actually grew up or .sat for the examination preference is being given only based on his state o f origin. This approach undoubtedly has a negative toll on the preserved right of individuals to education. Moreover, Okoroma (2008) posited that Quota System admission policy may be responsible for fall in the standard ofUNIV ERSIT Y O F IB ADAN L IB RARY 216 Marcus Ayodeji Araromi university education in Nigeria. In the same vein, Akani (1996) stated that Quota System policy in education is responsible for the reduction in admission standards and this allowed for poorly qualified candidates to be admitted into the universities whereas good candidates have no place. Application of Quota System in admission into public institution has a reflection of inequality of treatment, inequity, injustice and a policy summersault which sacrifices individual quality to regional balance based on quantity. The Quota System policy in admission process in Nigeria will now be considered vis-a-vis equal right o f everybody to education with the aim of taking a legal approach or consideration of this policy. Right to Education in Perspective Learning is a lifelong process and it involves acquisition of knowledge through programmed education at different stages. Right-based approach to education requires a life-cycle approach ensuring effective transitions from a stage to another (UNICEF 2007: 30). It is rather important to take a pre-emptive development and application of educational policy as citizen­ centric matter than to make it a means towards achievement o f pre­ determined political ends. A writer once asked “whether policy is shaped by the broader vision set by ‘right,’ or whether the ‘right’ is seen as framed by dictates and limitations of existing policy processes and approaches” (Subrahmanian). In a decided case of Ransom Kuti v. Attorney General o f Nigeria (1985) Kayode Eso, JSC (as he then was) described human right as “A right which stands above the ordinary laws of the land and which in fact is antecedent to the political society itself.” Right to education cannot be downplayed in the spectrum of rights that are available for the good and development of mankind. It is therefore imperative to accord the necessary reverence to such right under the laws of every democratic nation. It is only in a primitive, uncivilized or a despotic society that this right to education will not be promoted as an essential ingredient for individual and societal development. In a Supreme Court o f India decision in a landmark case of Unnikrishnan vs. State o f Andhra Pradesh (1SCC/645/1993), it was held that education is a fundamental component of a ‘right to life’ and hence the ‘right to live with ‘human dignity’ thereby conferring a duty on the State in creating conditions for this right to be actualized. It is apt to say here that policies which have not yet found expressions in the law carry lesser weights in comparison with enacted laws. Though such policies may have a force driving them through executive actions they must not run afoul o f the legal expressions of the law. UNIV ERSIT Y O F IB ADAN L IB RARY The Quandary o f Legal Right to Education and the Quota System Policy o f Tertiary... 217 Under the African Charter on Human and Peoples’ Rights, an international document which Nigeria subscribed to, there is a provision that guarantees every individual’s right to education (Article 17(1)). Article 2 of the Charter further provides that every individual shall be entitled to the enjoyment of rights and freedoms guaranteed in the Charter without discrimination of any sort such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. This robust provision assures equal right for every individual regardless o f his peculiarities. In the same vein, Article 1 o f the Universal Declaration o f Human Rights (1948), which is an international instrument, provides that all human beings are bom free and they are equal in dignity and in rights. Article 26(1) of the Declaration further states that “everyone has a right to education .... and higher education shall be equally accessible to all on the basis o f merit.”To establish the equality o f rights, the Declaration provides that all are entitled to equal protection against any discrimination, are equal before the law and are entitled without any discrimination to equal protection o f the law. Moreover, Article 2 of the Universal Declaration states that: Everyone is entitled to all the rights and freedoms set forth in this Declaration without distinction o f any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis o f the political, jurisdictional or international status o f the country or territory to which a person belongs, whether it be independent, trust, non-self-goveming or under any other limitation of sovereignty. Article 13 of the International Convention on Economic, Social and Cultural Rights (ICESCR), which is also an intemational treaty, recognises the right o f everyone to education. The parties to the convention agree that “education shall be directed to full development of human personality and the sense o f its dignity, and shall strengthen the respect for human rights and economic freedoms.” They stated further that education will enable all persons to participate effectively in a free society. In other words, an educated person is better equipped to know and exercise his or her rights in the society and to properly fix into the society. Tertiary education has been described by Klaus (2006), drawing on UNESCO’s International Standard Classification of Education (ISCED), as follows: UNIV ERSIT Y O F IB ADAN L IB RARY 218 Marcus Ayodeji Araromi higher or tertiary education involves two stages: a first stage not leading directly to an advanced research quali­ fication, and a second stage leading to an advanced research qualification. The former consists o f programmes with an educational content more advanced than those of upper secondary education. Entry to these programmes normally requires the successful completion of upper secondary education. Education at this stage may either be theoretically based and intended to provide the qualifi­ cations for entry into advanced research programmes and professions with high skills requirements or practically oriented/occupationally specific and mainly designed for participants to acquire the practical skills and know-how needed for employment in a particular occupation or trade. Tertiary education is therefore an important aspect of education that cannot be relegated to the background or whittled down in realisation of one’s rights and pursuit of self-emancipation. The international instruments considered above give equal rights to all and such rights must be accorded without discrimination. Access to tertiary education must be by merit and no prejudicial policy must be adopted to deprive any person of his rightful place in educational pursuit. Hence, a level playing field must be given to every prospective applicant to tertiary admission. It is also germane to assess the federal character and Quota System policy from the perspective o f the Nigerian Constitution, which is the supreme law of the nation. Certain freedoms are considered to be fundamental to human existence and as such must be protected by law. Such fundamental freedoms or rights are entrenched in many international documents and also find expressions in the 1999 Constitution of the Federal Republic o f Nigeria. Under the 1999 Constitution of Nigeria, there is what can be called negative discrimination and positive discrimination which are forbidden under the law. Section 42(l)(a)of the Constitution provides that no citizen of Nigeria o f a particular community, ethnic group, place o f origin, sex, religion or political opinion shall" only by reason o f being 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 different affiliations or political opinion are not made subject.This provision prevents negative discrimination of persons based on their UNIV ERSIT Y O F IB ADAN L IB RARY The Quandary o f Legal Right to Education and the Quota System Policy o f Tertiary... 219 peculiarities: in which case they are made to enjoy all benefits accruable to other citizens o f diverse peculiarities. No person by virtue of his or her peculiarities should be denied benefits accruable to others who are of different peculiarities. On the other hand, section 42(1 )(b) of the Constitution provides that no person or citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall be accorded either expressly by, or in practical application of any law in force in Nigeria, or any executive or administrative action, any privilege or advantage that is not accorded to citizens o f Nigeria of different affiliations or political opinions. The import of this provision is that no special benefits shall accrue to any citizen of Nigeria of a particular identity which does not ordinarily accrue to other citizens of different identities or particularities. Hence, everyone must be equally treated and must not be due for special benefits to the exclusion of others. The constitutional provisions negating discriminatory treatment of the citizens of Nigeria are certainly a reproduction o f the international legal standard for protecting equality o f rights o f everyone. The legal norm against discrimination entrenched in the Constitution impliedly makes the provision a superior law to any other norm, law or policy that is inconsistent with the provisions o f the Constitution on discrimination. According to section 1(3) of the 1999 Constitution, which is a supremacy clause, any law that is inconsistent with the provisions o f the Constitution shall to the extent of its inconsistency be void and those provisions of the Constitution shall prevail. Moreover, section 1(1) provides that the Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout Nigeria. It means therefore that no state actor can invent any law or policy that is not consistent with the provisions of the Constitution otherwise such law or policy will be void to the extent of its inconsistency. It is fundamentally wrong therefore to deny an admission aspirant to a federal tertiary institution in Nigeria .pn opportunity to be admitted on a strange and inconsistent policy of Quota System or federal character in which case all the prospective students are not subjected to the same standards or conditions of treatment for admission. In accordance to the supremacy clause o f the Constitution such policy is unconstitutional and should not have a place in the admission process in the polity. The Constitution vividly rejects any form of discrimination on whatever ground and this provision should have a strong force o f law against any policy or law of the government that is against the philosophy of the constitutional provision. UNIV ERSIT Y O F IB ADAN L IB RARY 220 Marcus Ayodeji A raromi Conclusion It is not doubtful that the demand for university education in Nigeria with over 170 million in population cannot measure up to the available resources, therefore the struggle for the limited available spaces. The need to equally distribute the wealth and opportunities in federal government of Nigeria has brought about the political hegemony of the federal character principle and Quota System policy. Extending the Quota system policy to education has greatly eroded the fundamental right o f individuals to education, which makes such policy unconstitutional, and also creates discriminatory standards for admission into tertiary institutions. In tune with the politicising o f education in Nigeria Willott (2011: 89) states that “Nigerian higher education is as much an arena o f power struggles and political conflict as any other.” If distribution of wealth or opportunities in the country is predicated on the principle o f equality amongst the states making up the federation, individual merits for admission should not be compromised based on any frivolous political trade-off. Rights owned and bestowed by the law on the citizens should not be divested by any policy whatever, even though such policy tend to create political balance in the federation. It is unconstitutional to place two individuals on different standards for the purpose of enjoying the same rights or benefits. Section 42 of the 1999 Constitution stipulates the rights of the citizens against any form of discrimination on whatever ground of incompatibility with others in as much as they have the same qualifications for rational consideration. Moreover, Article 3 o f the African Charter on Human and Peoples’ Rights provides that everybody shall be equal before the law and shall be subjected to the same protection under the law. Likewise, Article 7 of the Universal Declaration of Human Rights provides that all individuals are equal under the law and are entitled without discrimination to equal protection of the law. In view of these legal provisions, it is submitted that the Quota System policy employed in the admission system to federal tertiary institutions is discriminatory and therefore unlawful. It is yet to be seen anyone who has challenged the application of the principle o f Quota System in admission schemes into federal tertiary institutions in Nigeria in the court of law. This has made it rather difficult to appreciate judicial predisposition to this policy. Preventing prospective students from gaining admission into higher institution of learning on the basis of a lopsided policy of Quota System can have demoralising effect on such admission seekers.Moreover, if academically better candidates are not given the opportunity to have tertiary education it will have a negative resonant effect on the crop of UNIV ERSIT Y O F IB ADAN L IB RARY The Quandary ofLegal Right to Education and the Quota System Policy o f Tertiary... 221 graduates that will be turned out, which can adversely affect the development of the country through education. On the far end, Akpan (1990: 299) also stated that admission policy based on Quota System can be seen as an erosion of academic freedom and autonomy o f universities. It is therefore suggested that the Quota System policy should be scrapped for admissions into tertiary institutions in Nigeria, especially at the federal level, as it is unethical, unjust and unconstitutional. References Adujie, P.I. 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Citizenship and right to education: Perspectives from the Indian context Accessed on 31 September, 2016 from https .//opendocs. ids. ac. uk/opendocs/bitstream/handle/123456789/8651/IDSB3 3 _2_10.1111- j. 1759-5436.2002.tb00024.x.pdf;jsessionid~ 808D2A89A31AFDB26E16673lE3D18BBF?sequence=l UNICEF. 2007. A human rights-based approach to education for all. Accessed on 31 September, 2016 from http://mvw.unicef.org/publications/files/A_ Human_Rights_Based_Approach_to_Education_for_All.pdf Willot, C. 2011. Get on the bridge and I will help you to cross: Merit, personal connections and money in access to Nigerian higher education Africa Spectrum, 46(1): 85-108. Yoloye, A.E. 1989. “Federal Character and Institutions of Higher Learning” In Federalcharacter and Federalism in Nigeria. Eke, P.P. and E.O, Eghosa (Eds.). Ibadan: Heinemann Educational book (Nig.) Ltd. UNIV ERSIT Y O F IB ADAN L IB RARY http://mvw.unicef.org/publications/files/A_