NON-STATE ACTORS IN EDUCATION
2.2 Non-state education provision
3.1 Regulations by distinct levels of education
- Early childhood care and education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Primary and secondary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Tertiary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
3.3 Supplementary private tutoring
The sixth National Policy on Education 2014 which regulates education at all levels in Nigeria refers to the private sector, private individuals, civil society organizations, non-governmental organizations (NGOs), international development partners, and communities as non-state actors participating in the provision of education. The Constitution of the Federal Republic of Nigeria 1999 additionally refers to religious communities or denominations which may “maintain places of education”.
2.1 State education provision
State schools
While most enrolments (78%) at primary (6 years, ages 6 – 12) and junior secondary level (3 years, ages 13 – 15) are in state schools, approximately half (51%) of the schools in Nigeria are owned by non-state actors. Rural areas have the highest enrolments in state schools, while most education in urban areas (particularly in the south) is provided by non-state actors. At the state level, Kano State (located in the North-West geopolitical zone) has the highest enrolments in state schools (93% of enrolments, 62% of all schools in the state), while Lagos State (located in the South-West geopolitical zone) has the most enrolments in non-state schools (54% at primary, 29% at junior secondary in the state) and the highest share of non-state schools (88% of all primary schools and 78% of all junior secondary schools in the state) according to official government statistics. According to the Universal Basic Education Act 2004, the federal government is obliged to provide 10 years of free and compulsory education from pre-primary (1 year, age 5 – 6) to junior secondary level as part of the Universal Basic Education (UBE) Program. Senior secondary schools (3 years, ages 16 – 18) are mostly attached to junior secondary schools and have similar shares of schools and enrolments.
Besides regular state education provision, the federal and local governments additionally participate in the establishment, management, and provision of education to special populations, including children with special educational needs (through special schools), Islamic communities (through faith-based Islamiyya schools established or taken over in management and integrated into the state school system[i]), and disadvantaged nomadic communities (classified into pastoralists, migrant fisher folks, and migrant farmers) through nomadic schools and migrant fisher folk schools. While non-state actors also participate in the provision of education to these special populations, nomadic education is predominantly provided by the federal and local governments (over 96% of all nomadic and migrant fisher folk schools and enrolments), covering the first 6 years of compulsory education.
Non-state managed, state schools
Islamiyya integrated state schools which have been taken over by the state as part of the UBE program are jointly managed by the federal and local governments and religious individuals or organizations. These schools integrate Traditional Qur’anic Education with Basic Western Education, while students (many of which are orphans and/or street children) are taught both by government teachers and Qur’anic scholars (Mallams).
Non-state funded, state schools
No information was found.
2.2 Non-state education provision
Independent, non-state schools
In the northern states of Nigeria, faith-based[i] Islamic schools play a central role in the provision of education, with the highest number (2,743) recorded in Kano State. These schools are established, managed, and funded by religious individuals or organizations and can be categorized into traditional Qur’anic schools[ii] (or Tsangaya schools) (that are owned by Mallams and follow a more informal structure that focuses on the memorization of the Qur’an), Islamiyya schools (which teach the Qur’an in addition to a range of other Islamic disciplines), and integrated Islamiyya schools (that combine Islamic education with mainstream secular subjects). While Islamiyya schools[iii] are tracked in official statistics and considered part of the formal education system, Almajiri children that attend Tsangaya schools (predominately male) are viewed as “out-of-school[iv]” children in Nigeria. Faith-based Islamic schools are mainly supported through student fees and parental or charitable contributions.
Private schools are independent non-state schools run by private individuals, communities, and organizations that (mainly) follow the national curriculum and are predominately supported through student fees (ranging from low-fee to high-fee elite institutions). Most private schools (37%) are in the South-West states of Nigeria, where officially 68% of all schools are recorded to be private. Lagos State [v]has the highest number of private school enrolments[vi] in Nigeria, where over half (56%) of all students in the state attend private schools[vii] according to official government statistics. While not distinguished in official statistics, most private schools in Lagos State are low-fee private schools (LFPS)[viii] which provide education at a relatively lower cost to children of lower-income backgrounds. The prevalence of these schools tends to be more significant than formal data shows, as the majority of LFPS in Lagos State are unregistered[ix] and not included in government statistics[x]. For example, only 10% of all private schools in Ajeromi-Ifelodun (Lagos) were found to be officially approved by the Lagos State Government, while 66% of private schools in Abuja Federal Capital Territory (FCT) were recorded as unregistered.
State-funded (government-aided), non-state schools
Integrated Islamiyya schools that have been registered with their State Universal Basic Education Board (SUBEB) and follow a government-approved curriculum are eligible for different forms of government aid[i] (varying by state), including teacher salaries and learning material. For example, Kano State provides these schools with teachers, teacher development programs, learning materials, and technical assistance in infrastructure, and Jigawa State assists them in infrastructure development.
Some private schools may also receive government aid in several states such as Lagos State (with the government providing equipment, teacher development programs, state-funded research, and technical or operational support) and Akwa Ibom State (with the provision of free textbooks in core subjects).
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
While there is no provision on the legality of homeschooling in Nigeria, the Universal Basic Education Act 2004 states that every parent must ensure that their child completes compulsory education by “endeavoring to send the child to primary and junior secondary schools”, or otherwise be subject to sanctions. According to the Child’s Right Act 2003, children with metal disabilities may be excluded from the compulsory education system.
When nation-wide school closures were announced in March 2020 due to the COVID-19 outbreak, federal, state and local governments partnered with civil society organizations, international development partners, teachers’ unions, donors, and private organizations to provide remote learning platforms[i] for students, including printed materials, e-learning, and radio and television programs.
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognized schools
In Nigeria, there are many unregistered non-state schools that are not included in official government statistics (which makes it challenging to document their true prevalence).
Lagos State in particular has been recorded to have a booming unofficial private schooling market, with only 26% of all private schools in the state found to be officially approved and registered with the government according to a 2011 census. Moreover, according to a study conducted in 2018, only 10% of private schools in Ajeromi-Ifelodun (Lagos State) were recorded to be officially approved by the Lagos State Government (nearly three quarters of which identified the failure to meet registration requirements in land ownership and infrastructure as the reasons for their unregistered status). Between 2011 and 2014, only 5 new private schools in Lagos State were granted official registration status out of 332 private schools that began the process for registration and approval. In the Guidelines for Public and Private Schools in Lagos State 2016, the state government recognizes that the majority of private schools in Lagos State remain unregistered and relaxes registration requirements for LFPS in order to support them to meet at least the minimum requirements in an effort to encourage more providers to register. A similar effort was made in 2016[ii], where the Lagos State Government removed registration fees for two weeks to encourage more non-state schools to register in an attempt to reduce the number of unregistered schools in the state.
Similar patterns have been noted in other states as well, as 66% of private schools in Abuja Federal Capital Territory (FCT) were similarly recorded as unregistered based on a 2019 study. In June 2021, the Osun State government shut down 600 private schools (mostly at primary level) that failed to meet minimum standards, “declaring a war on mushroom schools”. In Koji State, the government gave proprietors of unregistered private schools 5 days in September 2021 to register, with the Commissioner for Education, Science and Technology stating that “all of those who fail to register their schools, will be categorized as illegal schools and such schools will be closed and the owners shall be sanctioned”.
The responsibility for the supervision and regulation of state and non-state education from early childhood to senior secondary level in Nigeria is divided among federal, state, and local governments. Specifically, the Federal Ministry of Education (FMoE) develops the National Policy on Education and sets minimum standards to be complied by all educational institutions in the country, the 36 State Ministries of Education (SMoEs) and SUBEBs are responsible for the development, inspection, and regulation of state and non-state education within their jurisdiction, and the 774 Local Government Education Authorities (LGEAs) oversee primary education within their locality.
At the state level, certain SMoEs have established departments that exclusively supervise private education provision[i], such as the Department of Private Institutions in Kano State, the Department of Private Schools in Kaduna state, and the Private Education and Special Programmes Department in Lagos State.
Higher education is regulated by the National Universities Commission (NUC), with specific divisions and directorates responsible for non-state provision, such as the Directorate of the Establishment of Private Universities, the Private Universities Inspection and Monitoring Division, and the Private Universities Accreditation Unit.
Formal Islamic education in secondary schools is supervised by the National Board for Arabic and Islamic Studies (NBAIS), with State Islamiyya and Qur’anic Schools Boards established in each state, while the National Commission for Nomadic Education is responsible for nomadic education, with established State Nomadic Education Boards in each state.
Vision: According to the National Policy on Education 2014, the government “welcomes the establishment” of non-state educational institutions at all levels in Nigeria, provided that the set minimum standards are met. The Education for Change Ministerial Strategic Plan 2018-22 further encourages non-state participation by planning to “improve collaboration and partnerships with the private sector”.
3.1 Regulations by distinct levels of education
Early childhood care and education (ECCE) is mainly categorized into early childcare and development education (ages 0 – 4) in nurseries or crèches, and pre-primary education (age 5 – 6) in primary schools (included in the formal compulsory education structure as part of the UBE Program). Most ECCE centers (59%) are owned by non-state actors (including private individuals/organizations, religious individuals/organizations, communities, and voluntary agencies), covering over 60% of total enrolments in the 0 – 3 age group. Federal and local governments provide most ECCE services to nomadic groups and migrant fisher folks, while the non-state sector provides most ECCE services to Muslim children and children with special educational needs. Similar to primary and secondary schools, Lagos State has the highest share of non-state ECCE provision, with non-state centers officially accounting for 90% of ECCE services and 84% of ECCE enrolments in the state.
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: See Multi-level regulations.
Teaching profession: See Multi-level regulations.
Fee-setting: See Multi-level regulations.
Admission selection and processes: No information was found.
Policies for vulnerable groups: See Multi-level regulations.
Quality assurance, monitoring and accountability
Reporting requirements: See Multi-level regulations.
Inspection: See Multi-level regulations.
Child assessment: See Multi-level regulations.
Sanctions: See Multi-level regulations.
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Water, sanitation and hygiene (WASH): All schools in Nigeria (no matter whether state or non-state) are required to provide adequate toilet facilities (separated by sex) in addition to potable water points. Moreover, all schools must adhere to the minimum standards for water and sanitation provision set out in the Minimum Standards for Basic Education in Nigeria 2010.
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: See Multi-level regulations.
Textbooks and learning materials: The Minimum Standards for Basic Education in Nigeria 2010 list the minimum learning materials that must be used by all schools in Nigeria (both state and non-state) at each education level, while the National Book Policy regulates the development of textbooks. Finally, all schools at primary and secondary level are required to establish functional libraries in accordance with minimum standards.
Teaching profession: See Multi-level regulations.
Corporal punishment: According to the Child’s Right Act 2003, “no child shall be subjected to corporal punishment”, but this is not specified for either state or non-state school settings and is only in force in Abuja FCT and states that have explicitly enacted it.
Other safety measures and COVID-19: The Lagos State government launched a N5 billion (12 million USD) support fund to help reduce the impact of Coronavirus pandemic on low-fee private schools in the state.
Fee-setting: See Multi-level regulations.
Admission selection and processes: No information was found.
Policies for vulnerable groups: See Multi-level regulations.
Quality assurance, monitoring and accountability
School board: All non-state schools at primary and secondary level in Nigeria are required to establish School-Based Management Committees (SMBCs), Parent-Teacher Associations, and a Learners/Students Representative Council, as stated in the National Education Quality Assurance Handbook for Basic and Secondary Education in Nigeria 2016. SBMCs are comprised of elected representatives of the teaching force, student body, community, and parents, with additional members included at the state level (such as representatives of the Christian and Muslim community in Kaduna State).
Reporting requirements: See Multi-level regulations.
School inspection: See Multi-level regulations.
Student assessment: See Multi-level regulations.
Diplomas, and degrees: The Nigeria National Qualifications Framework sets the national standards for student progression at each level, while state governments issue the Basic Education Certificate and/or Junior Arabic and Islamic Studies Certificate for junior level, and the West African Senior School Certificate and/or Senior Arabic and Islamic Studies Certificate for senior level to both state and non-state schools in the country.
Sanctions: See Multi-level regulations.
Tertiary education is provided by federal, state, and private (non-state) universities. Most education at this level is provided by the federal and state universities, which covered 53% of institutions and over 94% of total enrolments in 2018 according to the Nigeria University System Statistical Digest 2018. In 2021, the NUC granted provisional licenses to 20 new private universities, increasing the number of private universities to 99 (and the total universities to 197). All higher education institutions (irrespective of ownership or state) are subject to regulations by the NUC and are required to comply with the National Policy on Education 2014 and the Education (National Minimum Standards and Establishment of Institutions) Act 1985 (last amended in 2018).
Registration and approval: An individual, association of individuals (that are Nigerian citizens) or a company incorporated in Nigeria may establish a private university by making an application to the Directorate of the Establishment of Private Universities at the NUC. To be approved for registration, all the minimum criteria set out by the NUC must be met, including infrastructure standards, student-teacher ratios, and land requirements.
License: Approval is granted by the NUC in the form of a license which is subject to specific terms and conditions.
Profit-making: If a HEI is registered or incorporated as a charitable company, directors, trustees, or operators are prohibited from drawing profits from the institution.
Taxes and subsidies: While no national regulation was found on providing subsidies or aid to private HEIs, all institutions are encouraged to explore diverse funding mechanisms such as commercial ventures, endowments or consultancy services.
Quality of teaching and learning
Curriculum and education standards: HEIs can determine their own course content, provided that it meets the national education standards.
Teaching profession: All academics employed in state or non-state HEIs must have obtained the Nigeria Certificate in Education (at a minimum), be professionally trained, and be registered with the Teacher Registration Council of Nigeria, all of which are approved upon registration.
Fee-setting: Private HEIs rely on student fees and other private income to operate, with no regulation on fee-setting found.
Admission selection and processes: The Education (National Minimum Standards and Establishment of Institutions) Act requires the admission process of all HEIs (no matter whether state or non-state) to be open to all Nigerians, irrespective of social status, ethnicity, or religious and political affiliation.
Quality assurance, monitoring and accountability
Board: The internal organization of each HEI is its own responsibility, with no regulations found on the requirement or composition of boards.
Reporting requirements: All HEIs are required to maintain records that must be made available for inspection upon request, although no information was found on what these records should contain.
Inspection: While all private HEIs in Nigeria are monitored by the Private Universities Inspection and Monitoring Division and Private Universities Accreditation Unit under the NUC and required to maintain minimum national standards, no specific national regulation was found on institution inspections or how often they take place.
Assessment: While no specific information was found on student assessments, the the National Policy on Education 2014 states that all institutions are encouraged to migrate to Computer-Based Test in assessment.
Diplomas and degrees: The Nigeria National Qualifications Committee sets the minimum standards for the progression of students at all levels and institutions in Nigeria set out in the Nigeria National Qualifications Framework.
Sanctions: The NUC may order the closure of any HEI (state or non-state) however if standards are no longer met and/or suspend the institution's registration license. In the case of private HEIs, the NUC additionally has the authority to suspend the existing administrative structure (if it is deemed to threaten the maintenance of the national standards) and re-establish a management authority in line with regulations. According to the Education (National Minimum Standards and Establishment of Institutions) Amendment Bill 2016, any person or body corporate who operates an unlicensed higher education institution (HEI) will be liable to imprisonment for 5 – 10 years (for every manager) and a fine of over 5 million N (13,123 USD) in the case of a body corporate.
3.2 Multi-level regulations
This section covers regulations for non-state education provision from early childhood to senior secondary level.
Registration and approval: According to the National Policy on Education 2014, voluntary agencies, communities, and private individuals can establish a non-state school from early childhood to senior secondary level by registering with the relevant state education authority (MoE or SUBEB). Integrated Islamiyya schools register with the State Islamiyya and Qur’anic School Boards, such as the Department of Islamiyya Education in Kano State (under the SUBEB), the Islamic Education Board in Katsina State[i], and the Islamic Education Bureau in Jigawa State. For an application to be approved, non-state providers are required to comply with the Minimum Standards for Basic Education in Nigeria 2010 (applicable to both state and non-state schools in the country), which provide minimum space requirements, land size, and student-teacher ratios for each level, in addition to relevant state regulations and guidelines.
At the state level, Lagos State[ii] requires all private schools to pay five separate registration fees, own their own land, buildings, and playgrounds (as well as meeting minimum criteria in classroom size and number), with conditions relaxed[iii] for low-fee private schools, which are supported by the state to meet bare minimum requirements within a three-year period. Abuja FCT also provides specific registration requirements for low fee “semi-urban” schools in terms of land, classrooms, and facilities. In Osun State, it is compulsory to have a Teacher’s Registration Council of Nigeria Certificate (among other requirements) to establish a school, with the state government being strict on schools meeting the minimum standards.
License: If the applicants meet the minimum criteria, the relevant state authority recommends the registration of the school with the State Commissioner for Education, which grants the provider a license (which may be revoked at any time if standards are no longer met).
Profit-making: Profit-making is not regulated at the national level in Nigeria. In Lagos State, private schools may operate on a for-profit or non-profit basis, with schools run on a charitable basis granted certain exemptions from state supervision according to the Private Educational Institutions Law of Lagos State.
Taxes and subsidies: In accordance with the Universal Basic Education Program, the federal government funds the 1 year of pre-primary education in Nigeria, while non-state schools are provided with different forms of support at the state level. Akwa Ibom State provides private schools with infrastructure assistance and free textbooks and learning materials in core subjects, Lagos State supports private schools in teacher development schemes, equipment, inspection services, research, and operations, while Kano State provides registered and integrated Islamiyya schools[i] government teachers, teacher development programs, learning material, and infrastructure assistance.
Quality of teaching and learning
Curriculum and education standards: According to the National Policy on Education 2014, all state and non-state schools in Nigeria are required to follow certain compulsory subjects of the national curriculum (with a specific curriculum developed for ECCE) and take part in the standardized examinations supervised by the National Examination Regulatory Council. Integrated Islamiyya schools must follow the unique curriculum developed by the NBAIS and sit for the Junior Arabic and Islamic Secondary Certificate Examinations (JISCEs) and Senior Arabic and Islamic Secondary Certificate Examinations (SISCEs). Finally, all students are required to meet the minimum learning standards set out in the National Education Quality Assurance Handbook for Basic and Secondary Education in Nigeria 2016 for each level, and be taught in their mother tongue or community language in the first four years of compulsory education. In Lagos State, some private schools are allowed to follow a foreign curriculum provided that they adopt certain compulsory subjects and register their students for national examinations.
Teaching profession: While non-state schools in Nigeria are free to employ and dismiss their own teachers, all teachers are required to meet the minimum qualifications set by the federal government for each education level and be registered with the Teachers Registration Council of Nigeria, as stipulated in the Education Reform Act, 2007. The mandate of the Teachers Registration Council of Nigeria (established under the Teachers Registration Council of Nigeria Act 1993) is the “regulation and control of the teaching profession at all levels of the Nigerian education system both in the public and private sectors”. The Code of Ethics of the Teaching Profession and Professional Standards for Nigerian Teachers guide the teaching profession and apply to all teachers at “all levels of the Education system, both public and private sectors”. They include national minimum standards, Mandatory Continuing Professional Development, rights and privileges (such as salary scales, allowances, and other benefits)
Fee-setting: While fee-setting is not regulated at the national level, states may individually regulate fees charged at non-state schools. The Guidelines for Public and Private Schools in Lagos State 2016 allow non-state schools in Lagos State to set their own tuition fees, which are subject to approval by the state government, while schools are prohibited from raising their fees during the academic year. The states of Anambra State and Ekiti State similarly do not regulate fee-setting, with private schools free to set their own tuition fees without government oversight. In October 2020 (as a result of economic difficulties caused by the COVID-19 pandemic), the Kano State Commissioner of Education called on all private school proprietors to reduce their school fees with minimum of 25% or the Ministry will be left with no option than to cancel in totality the 3rd term of the 2019/20 academic session.
Policies for vulnerable groups: The Special Education Commission supports institutions providing special education to the physically and mentally challenged and other disadvantaged persons. In Lagos, the 2016 guidelines prohibit schools from segregating or discriminating against students on the grounds of religion, creed, race or disability. The state government relaxes registration conditions for the establishment community/low-income private schools which are stated to be increasing education access to “children of low-income earners” to order to “give opportunity to children within the area of operation for easy access to education”.
Quality assurance, monitoring and accountability
Reporting requirements: While no information was found on keeping school records at the federal level, the Lagos State government requires all non-state schools to keep detailed records of the school’s development plan, mission statement, curriculum, rules, constitution, management, and admissions to be made available for inspection by the state authorities at any reasonable time.
Inspection: The federal government of Nigeria has established quality assurance agencies at the federal, state, and local government levels which operate as autonomous bodies (supervised by the SMoE and National Education Quality Assurance Body), responsible for the monitoring and inspection of all schools in Nigeria. The minimum cycles for school inspections of state and non-state schools are every 3-4 years by national bodies, thrice a year by state authorities, and every 2 years by local government authorities.
At the state level, inspections are undertaken by the Department of Quality Assurance for Abuja FCT, the Department of Private Institutions in Kano State, the Quality Assurance Agency in Kaduna State, the Bayelsa State Directorate for Education Inspection and Policy Services at Bayelsa State, and the Quality Assurance Department in Lagos State. Anambra State and Ekiti State are similarly required to undergo regular inspections. Lagos State grades schools based on quality, while schools run on a charitable basis may be from inspections. Bayelsa State gives awards to “deserving and outstanding” educational institutions on inspection exempt from inspections. Bayelsa State gives awards to “deserving and outstanding” educational institutions on inspection.
Assessment: All non-state schools should have the capacity to register their students for national examinations organized by Nigeria-approved examinations boards, such as the West African Senior School Certificate Examination (WASSCE) or the Junior School Certificate Examination (JSCE). Schools that use an international curriculum should similarly ensure that their students are eligible to register for any national examinations.
Sanctions: According to the Education (National Minimum Standards and Establishment of Institutions) Act 1985, (last amended in 2018), if any person obstructs or hinders an inspection, they will be liable to a fine not exceeding N500 (1.31 USD) and/or imprisonment for up to 6-months. If any school is found to not be adhering to minimum standards or regulations, it will be deemed as illegal and subject to closure by the referenced authorities in all five states. In June 2021, in Osun State, the government ordered the closure of over 600 nursery and primary schools that were found to be operating without the minimum standards, as part of the government's effort to “sanitise the sector” and close “mushroom schools” that fail to meet the required standards.
3.3 Supplementary private tutoring
Private supplementary tutoring is mainly provided face-to-face by teachers in Nigeria, with only a few small tech-based operators and hardly any operators at scale. According to a nationally representative survey conducted in 2004, over half (53%) of secondary school students were reported to be receiving private tutoring, compared to one third (33%) of primary school students. Prevalence was found to be higher in urban areas compared to rural areas in the country.
To establish a private tutoring institution in Nigeria (of no less than 20 pupils), all proprietors are required to be incorporated under the provisions of the Companies and Allied Matters Act 2020 and apply for accreditation with the State Minister of Education, accompanied by the required registration fee. If any institution is found to not be registered, the proprietor will be liable upon conviction to a fine of N 100 (0.26 USD) for each day of non-compliance.
Financial operation and quality
All courses offered at the private tutoring institution must be approved by the State Minister of Education upon registration.
No regulation was found regarding teachers providing private tutoring services.
