Chalks Down, Voices Raised: Legal Reflections on the FCT Teachers’ Strike and NANS Protest Declaration”
Introduction: Education Interrupted, Democracy Tested
In a country grappling with deep-seated socio-economic challenges, few events underscore the tensions between governance, accountability, and civic activism more vividly than the ongoing strike by primary school teachers in Nigeria’s Federal Capital Territory (FCT). Since the industrial action began, classrooms have fallen silent and thousands of young pupils have been left stranded in their educational journey.
In response, the National Association of Nigerian Students (NANS) has declared a mass protest, decrying what it describes as government inaction and a “deliberate assault on the future of Nigerian children.” With the learning environment paralysed and frustration mounting, what began as a labour dispute has evolved into a litmus test for the rule of law, democratic expression, and social justice.
This development raises urgent legal and constitutional questions. It brings to the fore the rights and responsibilities of educators and government authorities, the legal standing of the proposed student-led protest, and the balance between public order and freedom of expression. At its core, it challenges the state’s commitment to the right to education, the welfare of public servants, and the civic agency of Nigeria’s youth.
This article seeks to analyse the matter from a legal and historical standpoint. It offers an unbiased account of the strike’s origins, explores the legality of the impending protest, and evaluates the broader implications for labour law, educational rights, and democratic expression in Nigeria.
Historical Context: Labour Action in Nigeria’s Education Sector
Labour unrest in Nigeria’s education sector is far from a novel phenomenon. From the persistent strikes of the Academic Staff Union of Universities (ASUU) to the recurring actions of non-academic and primary education staff unions, industrial action has become a defining feature of the country’s educational landscape. The current impasse involving primary school teachers in the Federal Capital Territory (FCT), operating under the Nigeria Union of Teachers (NUT), is merely the latest chapter in a long-running saga of unmet obligations and broken promises.
At the heart of this dispute are long-standing grievances: unpaid salaries, inadequate welfare provisions, and the repeated failure to implement mutually agreed frameworks with the Area Councils and the FCT Administration. These issues speak not only to administrative inefficiency but also to systemic disregard for the social contract between educators and the state.
Legally, the right to strike in Nigeria occupies a contested but constitutionally acknowledged space. The Trade Disputes Act (Cap T8, LFN 2004) outlines a procedural framework for managing industrial conflicts—through mediation, conciliation, and arbitration. Yet, the law’s stipulation that all disputes must exhaust these channels before a strike is deemed lawful has often clashed with the economic urgency and survival realities that compel workers to act preemptively.
In the case of the FCT teachers’ strike—now stretching into several months—the failure of formal negotiation mechanisms points to a larger dysfunction. It exposes the paradox of Abuja: a city that stands as the symbolic heart of governance but often fails to meet basic standards of social accountability. That primary school pupils in the federal capital remain locked out of classrooms, while public officials operate from well-furnished offices mere kilometers away, underscores the growing disconnect between political authority and public service delivery.
Legal Dimensions: The Right to Strike vs The Right to Education
From a legal standpoint, the FCT teachers’ strike presents a conflict between two sets of fundamental rights:
- The Right to Strike and Freedom of Association: Protected under Section 40 of the 1999 Constitution (as amended), Nigerian workers—including teachers—have the right to form or belong to trade unions and to engage in lawful industrial action. This is reinforced by ILO Conventions 87 and 98, which Nigeria has ratified.
- The Right to Education: Under Section 18(1) of the Constitution, the Nigerian State is tasked with ensuring that education at all levels is accessible. Furthermore, the Compulsory, Free Universal Basic Education Act, 2004 mandates free and compulsory primary and junior secondary education for all children. Nigeria is also a signatory to the UN Convention on the Rights of the Child, which upholds the right to education as a fundamental human right.
These competing rights present legal and moral dilemmas. While the teachers are entitled to demand their dues, the continued closure of public primary schools raises questions of dereliction of duty by government authorities, and potentially a violation of children’s rights under domestic and international law.
This legal stalemate begs further interrogation: Has government inaction indirectly violated the right to education? Can trade union rights be curbed in sectors deemed essential to national development?
The NANS Protest: Civil Rights or Civic Risk?
On 19 June 2025, NANS declared a nationwide mobilisation of its members in protest against the prolonged FCT teachers’ strike. The association’s president condemned the failure of government agencies to resolve the issue, warning that students across tertiary institutions would descend on major roads in solidarity with affected pupils and educators.
NANS’ move introduces another legal element: the right to protest.
Under Sections 38, 39 and 40 of the Constitution, Nigerians have the right to freedom of thought, expression, and peaceful assembly. However, this right is not absolute. The Public Order Act (CAP P42, LFN 2004) requires organisers of public gatherings to notify the police. The Supreme Court, in Inspector General of Police v All Nigeria Peoples Party & Ors (2007) 18 NWLR (Pt. 1066) 457, affirmed that citizens do not require police permission to protest, but must give prior notification.
In essence, NANS’ planned action is constitutionally valid, provided it remains peaceful and follows procedural notice requirements. However, the legal risk arises where such protests result in road blockades, obstruction of movement, or confrontation with security agencies. Under Sections 69–76 of the Penal Code (applicable in the North) and Sections 249–251 of the Criminal Code (applicable in the South), unlawful assemblies and disturbances of public peace remain criminal offences.
Therefore, while the protest is grounded in democratic rights, its execution must be lawful, coordinated, and restrained.
Legal Implications and the Way Forward
The strike and NANS’ response expose critical legal gaps and systemic failures:
- Failure to Enforce Labour Agreements: The recurring breakdown of memoranda between teachers and Area Councils reflects a growing distrust in the state’s ability to honour contractual obligations. If binding agreements are routinely flouted, the enforceability of public sector employment contracts is undermined.
- Neglect of Educational Mandates: The prolonged school closure is arguably a breach of the UBEC Act and could form the basis for class action suits or petitions before human rights commissions. The National Human Rights Commission (NHRC), in particular, may have jurisdiction to investigate rights violations arising from systemic educational neglect.
- Increased Legal Exposure from Protest Fallout: Should the NANS-led protest escalate into disruption or violence, both organisers and security agents may be held liable. Nigeria’s tort law principles permit suits for assault, unlawful detention, or damage resulting from state action or negligence during such events.
- Need for Legislative Reform: There is a pressing need to strengthen the legal framework governing essential services, dispute resolution timelines, and enforcement of labour awards. The National Industrial Court must be further empowered to enforce its decisions against delinquent public employers, including area councils and state education boards.
Beyond the Strike, A Constitutional Call
The FCT teachers’ strike and the resulting student-led protest are not merely acts of defiance—they are calls for constitutional introspection. At the core is a failure of governance, compounded by legal ambiguity and institutional silence.
Strikes and protests are not inherently unlawful; they are symptoms of structural dysfunction. The true illegality lies in the consistent neglect of educational infrastructure, the repeated breach of wage agreements, and the indifference to children’s futures.
As legal practitioners, we must advocate for reforms that safeguard both the rights of workers and the dignity of Nigerian children. This includes enforcing accountability on all actors—teachers, government agencies, union leaders, and security forces—within the bounds of the law.
The blackboard may be empty today, and the streets may soon be filled with chants, but the true test of our democracy lies in whether law can restore balance without silencing justice.
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