An Examination of the Right to Education in Nigeria: Constitutional Provisions and Implementation Gaps in Sokoto State

The right to education occupies a contested space in Nigerian constitutional law. Chapter II of the 1999 Constitution, which contains education provisions under the fundamental objectives, is designated as non-justiciable under Section 6(6)(c), meaning Nigerian courts have historically declined to enforce education rights as legally binding obligations. This constitutional design has consequences for education access in states with the greatest education deficits, including Sokoto in North West Nigeria. This study examines the constitutional framework for the right to education in Nigeria and its implementation gaps in Sokoto State. A doctrinal methodology is applied, reviewing the 1999 Constitution, the Universal Basic Education Act 2004, the Sokoto State Education Law, judicial decisions on education rights, and UNESCO education statistics for Sokoto from 2019 to 2023. The study evaluates the doctrinal non-justiciability barrier, recent judicial developments suggesting incremental enforcement of socio-economic rights, and the role of the Universal Basic Education Commission in enforcing educational obligations. Available education rights literature from North West Nigeria identifies the non-justiciability of Chapter II rights and inadequate UBEC funding disbursement to Sokoto as the principal legal obstacles to education access enforcement. The Socio-Economic Rights Justiciability Framework and the International Covenant on Economic, Social and Cultural Rights Article 13 provide normative reference. Recommendations address incremental justiciability reform and constitutional amendment proposals. Keywords: right to education, constitutional law, Sokoto State, non-justiciability, North West Nigeria.