Nigerian Education Law and Discipline in Secondary School
Nigerian Education Law and Discipline in Secondary School
Nigerian Education Law and Discipline in Secondary School
ABSTRACT:
Discipline is an integral part of child socialization and education as an agent of
socialization has a great role to play in ensuring that children are discipline. Hence the
rules and regulations guiding the management and operation of education should be such
that the roles of the stakeholders are spelt out in specific terms. The aim of this paper was
to examine the Nigerian Education Law as it relates to discipline in secondary schools
and the role assigned to classroom teachers to ensure that students are disciplined. The
paper discussed the overview of Education Law, the Concept of School Discipline and
examined the role of classroom teachers as specified by the education law. It was
discovered that the Nigerian Education Law was derived from the constitution of Federal
Republic of Nigeria especially the fundamental human rights as it relevant to educational
system. This Education Law is made specific as rules and regulations at school levels.
But most of the teachers in secondary schools are ignorant of their rights and the rules
and regulations governing their job. A critical examination of the Education Law also
revealed that the overall disciplinary control of students was vested on the school
administrators, and regulated by the State Ministries of Education, but no specific role
was assigned to the classroom teachers in the discipline of the students.It was
recommended that a course in education Law be introduced in tertiary institutions
especially for education students and seminars/conferences on education law be
organized for on-the-job teachers. It was also recommended that classroom teachers
should be empowered to discipline students who might want to disrupt teaching and
learning processes while student with extreme misconducts should be referred to the
school Principal. Corporal punishment should not be totally banned in secondary school
but should be administered by following a reasonable guideline.
Key words: Education Law, Corporal punishment, Discipline, Punitive disciplinary
measure, Non-punitive disciplinary measures.
INTRODUCTION:
The importance of relevant legislation in the effective management and operation of an organization or
system can not be over-emphasized. The guiding principles of such organization or system, its modus
operandi, the rights, duties and obligations of the stakeholders of the organization or system are the vital
components of the law that will ensure the realization of the objectives of the organization or system.
Educational system can not be an exception. The guiding law that will ensure the smooth and effective
management and operation of educational system is vital to the realization of education objectives.The
importance of education in the national and individual development can not be over-estimated. It is a tool for
political, social, economic and technological development of a nation. Education is the fulcrum on which all
other developmental facets are hinged. No wonder Nigeria adopted education as an instrument par
excellence for effecting national development (NPE, 2004). Wikipedia, the free encyclopedia describes
education as “an act or process of developing and cultivating (whether physically, mentally or morally) ones
mental activities or sense; the expansion, strengthening and discipline of ones mind, faculty etc; the forming
of principles and characteristics in order to prepare for any calling or business, by systematic instruction”.
Hence education has to do with a balance development of cognitive, affective and psychomotor domains in
order to prepare an individual for the future challenges.
In spite of these numerous services and uses of education to the nation and individual, Nigeria educational
system has been challenged and criticized for gross indiscipline among the students at all levels. This has
been having serious disruptive effects on teaching and learning process in the classroom, consequently
leading to poor academic achievement by the students. According to Yahaya et al (2009), “students’
misconduct in the classroom interferes with teaching and learning and is thought to be precursor to later
school dropout and similar negative social outcomes”.
Youths are the future of any nation. The future of any society where the youths do not have respect for the
societal culture and norms is in jeopardy. Discipline is an integral part of child socialization; hence it is not a
lonesome work. It is the duty of all who are involved in the socialization of the child, including the school,
to instill proper discipline into the child. Classroom teacher is one of the major stakeholders in the
upbringing of the child. He/she interacts with the child more often than any other staff in the school system.
Hence his/her role in the proper upbringing of the child is enormous.
The aim of this paper was, therefore, to examine Nigerian education law as it relates to students control and
discipline in secondary school system and the specific role assigned to the classroom teachers in the control
and discipline of the students.
7) Law which is relatively constant through times, that is, should be dynamic.
8) Conformity with official action with declared rule.
seek reliance on the Nigerian constitution for their rights not to be subjected to any infringement. The table
below gives some of the fundamental human rights as they are relevant to education law and the type of
punishment and practices in schools that tend to violate them:
alone the rules and regulations governing the school system. According to Peretomode (1992), many
teachers are ignorant of the rules and regulations governing their employment and the school system in
which they work, consequently they are not aware of the legal implications of their actions or inactions and
limitations.
Nwagwu (1987) puts it this way:
Most teachers in our school system have never read the Nigerian constitution nor even the laws, rules and
regulations governing the administration of the school system. Many are not aware of their rights, duties,
obligations and responsibilities under the law and more especially as the probable consequences or
implications in their day-to-day activities within the school system
Peretomode (1992) noted that the rules and regulations of most secondary school in Nigeria do not explicitly
specify the consequences of violating such rules and regulations. Consequently, students, teachers and
parents do not know which rules if violated will attract what punishment.
Discipline in Nigerian secondary schools can be classified as punitive and non-punitive disciplinary
measures. Punitive disciplinary measures include corporal punishment, suspension and expulsion and non-
punitive disciplinary measures include counseling, positive reinforcement and parent notification and
communication.
Corporal punishment entails physical chastisement of a student who violates the school rules and
regulations. It is the infliction of physical pain as a penalty for an infraction. Over the years infliction of
corporal punishment on recalcitrant students has been accepted method of promoting good behavior and
instilling notion of responsibility and decorum into the heads of mischievous students. Today, administration
of corporal punishment is on the wane in Nigerian Secondary schools. Most state ministries of education
have made the administration of corporal punishment the exclusive duty of the school principals/heads or
any school official that may be authorized to carry out the punishment while some state have put total ban on
it. For instance, the 1989 Imo State Education Edicts (Miscellaneous Provision), according to Peretomode
(1992), states that:
All punishments shall be reasonable, taking into account the age and sex of the offender and the nature of the
offence. Corporal punishment shall be administered by the headmaster/principal or by a teacher authorized
by him. Provided that except the headmaster/principal, no male teacher shall administer corporal punishment
on a female student.
Similarly, regulation 3(1m) of the Schools and Institutions (Records) Regulations made under the Education
Law of Oyo State, according to Nakpodia (2010), provides as follows:
A corporal punishment book in which shall be entered by the headmaster or teacher authorized by the
headmaster/principal, the date of all such punishment awarded, the nature of the offence and punishment, the
name of the teacher administering the punishment and the name of the pupil. Such corporal punishment shall
be kept to the minimum and shall be administered only by the headmaster/principal, or teacher authorized by
the headmaster/principal, such authorization is to be entered in the log book: provided that no female pupil
shall receive corporal punishment from a male teacher.
The River State Ministry of Education, in a circular letter Ref. ME/S.31T/VOL.111/44 of 9th jun. 1984,
captioned, “POWER OF PRINCIPALS AND HEADMASTER IN THE ENFORCEMENT OF
DISCIPLINE” vested with the power among others:
To prohibit corporal punishment in respect of class work;
To sufficiently convince an offending student/pupil of his guilt before he is subjected to corporal
punishment: which in any case must not be done out of malice or in temper. On no account should young
and inexperience teachers be allowed to use the cane. All cases of insubordination requiring corporal
punishment must be referred to the principal/headmaster;
A maximum of (six) 6 strokes of the cane may be administered on an offending child, either on his buttocks
or palms, depending on the gravity of the offence by the principal/headmaster or his nominee (Pertomode,
1992).
The implication of the education laws of various States mentioned above is that the classroom teacher has no
right what so ever to administer corporal punishment irrespective of the gravity of the offence a student has
committed, either against the teacher or against the rules and regulations of the school, unless he is given
authority by the principal to do so.
Suspension and expulsion are the other two punitive measures use in Nigerian Secondary Schools.
Suspension is a temporary exclusion of a student from school for a specific period of time ranging from one
day to several weeks while expulsion connotes permanent removal of the student from school. These
Nigerian Education Law and Discipline in Secondary School: an Assessment of the Role of Classroom
Teachers.
punitive measures are administered by the school administrator in cases involving extreme misbehaviours
such as assault upon a school staff or some other person on school ground, possession of dangerous drugs on
school premise, cheating in an examination, theft and damage of school properties.
Most States in Nigeria have stipulated the process and procedure to follow in arriving at the decision of
suspending or expelling a student who has misbehaved. In Rivers State, for example, Principal can suspend
offending students for a maximum of two weeks, during which a full report of the offence is made to
Ministry with the recommendations for ratification of the action taken. Instruction to expel a student must
come from the State Ministry of Education (Peretomode, 1992). The Education Law of Ogun State,
according to Peretomode 1992, states as follows in respect of the procedure to be adopted in the suspension
and/ or expulsion of a student:
The Principal shall have power of suspending pupils for any cause he considers adequate, provided that he
immediately gives reasons in writing to the board of governors of the school who shall meet without delay to
discuss and take final decision on such cases.
The implication of the above disciplinary process and procedure is that only the Principals in Nigerian
Secondary Schools are vested with overall disciplinary control of students. It is therefore suffices to say that
no specific role is assigned to classroom teachers as far as students discipline and control are conerned. The
decision of the Principal concerning the discipline of offending student is also subject to the approval of the
Ministry of Education.
Research studies have revealed the displeasure of the teachers about this neglect of their role in the
discipline of students. According to Anho 2011, Nigerian teachers insinuate that the reason for the
exponential growth of cases of students’ misconduct is that school regulations are not founded in the cultural
strategies for disciplining children. They regularly lament that they are not adequately protected and
authorized to be involved in the disciplinary process in that they are relatively helpless especially when they
encounter discipline challenges in classrooms where the school head is not always nearby. According to
these teachers, reported Anho 2011, the corporal punishment, suspension and expulsion regulations are a
scheme which strips off their rightful authority over students. They feel disempowered. They claim that
these regulations contravene the cultural practices of child upbringing where every adult in a society was
regarded as a parent and had the right to discipline any child as s/he sees it fit.
CONCLUSION:
The global declaration of children right to education and fundamental human right as enshrined in 1999
constitution of Federal Republic of Nigeria are vital part of Nigeria Education Law. In an effort to prevent
and resolve student disciplinary problems and ensure efficient functioning of the schools, each State is
vested with the power to promulgate Education policy within its jurisdiction. Such Education policy must be
within the constitution of Federal Republic of Nigeria. At school level, Education policy is made more
specific as rules and regulations governing the operation and administration of the school system. The
violation of these rules and regulation by a student is tantamount to act of indiscipline and such student is
sanction or punished. Most of the teachers in secondary schools are ignorant of the rules and regulations
governing their employment and the school system in which they work. Consequently they are not aware of
the legal implications of their actions. Education Law in Nigeria vested the overall disciplinary control of
students upon the school administrators and completely neglected the role of the classroom teachers. The
growing awareness of the fundamental human right as it is relevant to Education Law couple with the
process and procedure of administering punishment on the student who contravene the school rules and
regulations have made the discipline of the students cumbersome and almost impossible. Hence instead of
Education Law to curb indiscipline in secondary school, it is aggravating it.
RECOMMENDATIONS:
A disciplined mind is an asset to any society, and the school is part of the process for training the youth in
other to produce a balanced and disciplined citizen. It is therefore imperative to make the following
recommendations as their implementation will go a long way in improving the level of discipline in
secondary schools thereby facilitate the achievement of educational objectives at that level.
Teachers’ ignorant of Nigerian Education Law couple with growing in parents’ awareness of fundamental
human rights as it is relevant to school system has led to litigations between parents and teachers as a result
of school discipline. It is therefore recommended that a course in Education Law be introduced to tertiary
African Journal of Educational Research and Administration, Volume 5 Number 4, 2012
institutions especially for education students and seminars/conferences on Education Law be organized for
on-the-job teachers. This is to expose both the prospective and on-the-job teachers to their rights, duties and
rules and regulations governing their job.
Classroom teachers should be empowered by law to discipline student who exhibits disruptive behaviours
especially during the teaching and learning processes. The type of punishment to be administered for a
specific offence should be specified in order to discourage miscarriage of justice. The misconducts that may
require suspension or expulsion should be referred to the Principal.
The administration of corporal punishment should not be totally ruled out in the control and discipline of
students. The right and authority of a teacher to inflict punishment on students for offences, who breach
school rules and regulations, is enhanced by section 35, sub section (1d) of the Constitution of the Federal
Republic of Nigeria (1999) which specifies peoples’ right to personal liberty; and instances in which a
person who has not attained the age of eighteen may be deprived of his right to personal liberty specifically,
for educative and welfare purposes. When developing the policy on corporal punishment, it is recommended
that the following guidelines should be considered:
The particular offenses that will result in corporal punishment should be specified and the nature of the
corporal punishment which will be permitted should be made explicit.
If possible, a neutral party, specifically identified, should administer the punishment, rather than the person
who is in conflict with the student.
Corporal punishment should not be used on a continuing basis for those students whose behavior does not
improve after it has initially been administered.
Parents and schools share the responsibility of promoting values and standards which are expected to help
younger people to establish sound behavioral codes for their lives. It is important that parents work in-
cooperate with their child’s school, and not just leave the school alone in the dark. Discipline problems can
be dealt with much more effectively if both parties could share the similar and ideal vision which, leads to
prolific missions. Parents should have it as duty to assist the school in enforcing the standards of student
conduct and compulsory school attendance in order that education may be conducted in an atmosphere free
of disruption and threat to persons or property, and supportive of individual rights.
The concept of matching the punishment with the rule violation requires that the rules be presented in
written format and that the punishment for violations be specified. Rules must also relate to the stated
function of education or the school process. To do this each school should have a prospectus/handbook
where the school rules and regulation are stated and the corresponding punishment for violating a particular
rule. The prospectus/handbook should be made available to students, teachers as well as the parents.
In an effort to prevent and resolve students’ discipline problems and ensure efficient functioning of schools,
there should be reasonable disciplinary policies and procedures. The present Education law undermines
order in schools by enabling students and parents to threaten a lawsuit against teachers whenever the
children are disciplined for misconduct. The legal system must strike a better balance between the claimed
rights of individuals and the legitimate interests of society as a whole. Native norms and cultural discipline
should not be ignored but rather be incorporated into the secondary schools’ curriculum and practices.
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