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 marked FHC/IB/CS/117/26.
Named as defendants in the case are the President of the Federal Republic of Nigeria, NERDC, the Minister of Education and the Attorney-General of the Federation.
The association, through an Originating Summons, is challenging the legality of the Textbook Ranking Framework introduced by NERDC as part of ongoing reforms in the education sector.
At the centre of the dispute is the NPA’s contention 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 publishers are asking the court to determine whether the statutory powers granted to NERDC under the Nigerian Educational Research and Development Council Act, Cap. N105, Laws of the Federation of Nigeria, 2004, extend to the introduction of a compulsory ranking regime for textbooks.
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 association is a declaration that NERDC’s statutory powers to assess, review, develop and promote educational materials do not include the authority to impose a compulsory ranking system on textbooks that have already been assessed, approved and certified by the Council.
The publishers are further asking the court to declare the compulsory “Ranking Fee” unlawful and ultra vires, arguing that such a fee cannot be imposed unless it represents payment for a service lawfully rendered by NERDC within its statutory functions.
The NPA is also seeking a declaration that any regulation made pursuant to Section 23(1) of the NERDC Act cannot take effect without the approval of the President and publication in the Federal Gazette, as provided under Section 23(2) of the Act.
It wants the court to further declare 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 textbooks previously approved by the Council.
The association said the legal action followed concerns over the implementation of the ranking policy, particularly the possibility that publishers who fail to participate in the exercise could have their previously approved textbooks excluded from classroom use.
According to the NPA, it had earlier engaged the Federal Ministry of Education and NERDC over the policy, but the matter remained unresolved as both sides maintained their respective positions.
The publishers said the court action was therefore necessary to obtain judicial clarification on the extent of NERDC’s regulatory powers and the legal basis for the new ranking framework.
The NPA, however, stressed that the lawsuit did not foreclose further discussions with the government and other stakeholders.
The association said it remained willing to work with relevant authorities towards a textbook approval system that is lawful, transparent and beneficial to learners, teachers and the publishing industry.
It maintained, however, that any such framework must be developed and implemented within the limits of the law and not imposed without a clear statutory basis.
The statement announcing the legal action was signed by Rotimi Iyiola, Executive Secretary of the Nigerian Publishers Association.