The Progressive People’s Party (PPP) has filed a writ against the Attorney General at the Supreme Court, praying it to compel the government to enforce the free aspect of the Free Compulsory Universal Basic Education (FCUBE) policy.
According to the party, successive governments had only between January 1993 and January 2005 to complete the roll out of the FCUBE as stipulated by the 1992 Constitution but they defaulted.
It said governments had also failed to enforce the compulsory aspect of the FCUBE, resulting in children of school age loitering during school hours.
It is, therefore, praying the court to direct the government to take steps to ensure that all children of school age are made to benefit from the FCUBE.
Statement of claim
A statement of claim accompanying the writ prayed for the true and proper interpretation of articles 25(1) (a) and 38 (2) of the 1992 Constitution.
It also prayed for a declaration that on the true and proper interpretation of articles 14 (1) (e), 25(1) (a) and 38 (2) of the 1992 Constitution, the government had a constitutional duty to compel children of school age within the Republic who refused and or failed so to do to be at school without fail and that the government’s failure to so act thereto constituted an omission that was inconsistent with the Constitution.
It prayed the court for a declaration that Section 2 of the Education Act, 2008 (Act 778) as amended, to the extent that it failed to provide for compulsion on children of school age who refused and or failed to attend basic education instructions to so attend and also to provide for the law and procedure within which to exercise that compulsion, was an omission that was inconsistent with and in contravention to articles 14 (1) (e), 25(l)(a) and 38 (2) of the 1992 Constitution and that consequently, to the extent of such inconsistency, the said Section 2 of the Education Act, 2008 (Act 778) was void and of no effect.
It further prayed for a declaration that Section 2(6) of the Education Act, 2008 (Act 778) as amended, to the extent that it derogated from articles 25(1) (a) and 38 (2) of the 1992 Constitution, was inconsistent and in contravention of the Constitution and that consequently, to the extent of such inconsistency, the said Section 2(6) of the Education Act, 2008 (Act 778) as amended was void and of no effect.
The statement, among other reliefs, also prayed the court for an order directed at the government to take steps forthwith to compel children of school age within the Republic who refused and or failed to attend a course of instructions at the basic school to attend basic school instructions, including legislating to lay bare the laws and procedure thereto within which such compulsion was to be exercised.
