The Nigerian Publishers Association (NPA) has dragged the Federal Government and the Nigerian Educational Research and Development Council (NERDC) before the Federal High Court in Ibadan over the implementation of a compulsory textbook ranking policy.
The suit, filed by the Registered Trustees of the NPA at the Federal High Court, Ibadan Judicial Division, is numbered FHC/IB/CS/117/26.
The defendants are the President of the Federal Republic of Nigeria, NERDC, the Minister of Education and the Attorney-General of the Federation.
The association, in an Originating Summons, is challenging the legality of the Textbook Ranking Framework introduced by NERDC as part of reforms in the education sector.
At the centre of the dispute is the NPA’s argument that textbooks already assessed, approved and certified by NERDC should not be subjected to another compulsory ranking exercise as a condition for their continued use, distribution, procurement or sale.
The association is asking the court to determine whether the statutory powers conferred on NERDC under the Nigerian Educational Research and Development Council Act, Cap. N105, Laws of the Federation of Nigeria, 2004, extend to the imposition of such a compulsory ranking regime.
The NPA is also challenging the legal status of regulations purportedly made pursuant to Section 23 of the NERDC Act.
Among the reliefs sought by the publishers is a declaration that NERDC’s powers to assess, review, develop and promote educational materials do not extend to imposing a compulsory ranking system on textbooks that have already been assessed, approved and certified by the Council.
The association is further asking the court to declare the compulsory “Ranking Fee” unlawful and ultra vires, arguing that it cannot be imposed unless it represents a charge for a service lawfully rendered by NERDC within its statutory functions.
The NPA also wants the court to declare that any regulation made pursuant to Section 23(1) of the NERDC Act cannot come into operation without the approval of the President and publication in the Federal Gazette, as required by Section 23(2) of the Act.
It is also seeking a declaration that, in the absence of clear statutory authority or valid subsidiary legislation, NERDC cannot make payment of the ranking fee, compulsory reassessment or successful participation in the ranking framework conditions for the continued eligibility of previously approved textbooks.
The association said its legal action was prompted by concerns over the implementation of the policy, particularly the possibility that publishers who fail to participate in the ranking exercise could have their previously approved textbooks excluded from classroom use.
The NPA said it had previously engaged the Federal Ministry of Education and NERDC over the policy, but the controversy remained unresolved as both sides maintained their respective positions.
According to the association, the court action became necessary to obtain judicial clarification on the limits of NERDC’s statutory regulatory powers.
The NPA, however, stressed that the lawsuit did not shut the door to further discussions with the government and other stakeholders.
It said it remained willing to work towards a textbook approval system that is lawful, transparent and beneficial to learners, teachers and the publishing industry.
The association said such a framework, however, must be developed within the limits of the law rather than imposed without a clear statutory basis.
The statement was signed by Rotimi Iyiola, Executive Secretary of the Nigerian Publishers Association.
Credit to our Media Partner DailyTrust .
