EDUCATION LAW OF LAGOS STATE

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  
A- C G – K M – I R – T
D – F L – L P – P U – Z

EDUCATION LAW

ARRANGEMENT OF SECTIONS

PART 1 – Administration

1.       Delegation of functions. 

2.       Power to hold enquiries. 

3.       Functions of Local Government Council. 

PART 2 – Statutory System

4.       The Statutory system of education. 

PART 3 – Free Primary and Post-primary Education

5.       Interpretation. 

6.       Primary School age. 

7.       Secondary School age and qualification for admission. 

8.       Duty of Commissioner to secure the education of children. 

9.       Tuition in primary and post-primary schools to be free. 

10.     Sections 7, 8 and 9 not to apply in certain cases. 

11.     Customary Courts to exercise jurisdiction over certain offences. 

12.     Duty of Commissioner on teachers’ colleges. 

13.     Duty of Commissioner on technical education. 

PART 4 – General Provisions Relating to Education

14.     Pupils to be educated in accordance with the wishes of their parents. 

15.     Secular instructions in institutions. 

16.     General provision for religious instruction in schools. 

17.     Curriculum of schools to include religious worships and institution. 

18.     Religious instruction in schools. 

19.     Pupils excused from attending religious worship or instruction. 

20.     Certain conditions of attendance not to be required. 

21.     Registration of pupils at institution. 

22.     Regulations. 

PART 5 – Establishment and Continuance of Institutions

23.     Establishment of Institutions. 

24.     Opening of new institutions. 

25.     Power to withhold consent to open new institutions. 

26.     Power of the Commissioner to close institutions. 

27.     Power of the Commissioner to take over institutions from sponsor. 

28.     Discontinuance of institution. 

29.     Transfer of institutions to new sites and substitutions for old sites. 

30.     Institutions to be run on approved sites. 

31.     Power of Commissioner to merge schools. 

32.     Restriction on the use of premises of institutions. 

33.     Power to make regulations. 

34.     Trespass on school property. 

PART 6 – Appointment of Patrons

35.     Control of institutions. 

36.     Appointment of Patrons. 

37.     Tenure of Office of Patrons. 

38.     Duties of Patrons. 

39.     Power to surcharge. 

40.     Regulations. 

PART 7 – Teachers

41.     Regulations. 

PART 8 – Inspection of Institutions

42.     Inspection of institutions. 

43.     Appointment of Inspectors. 

44.     Functions of Inspectors. 

45.     Penalty for obstructing an Inspector. 

46.     Power to make Regulations. 

PART 9 – Supplementary Provisions

47.     Repeal of Cap. 37. 

PART 10 – Interpretation and Citation

48.     Interpretation. 

49.     Citation. 

EDUCATION LAW

A Law to make provisions for Education and for purposes connected therewith.

[1983 No. 26.]

[30th July, 1983]           [Commencement.]

PART 1 – Administration

1.       Delegation of functions

(1)     It shall be lawful for the Commissioner to delegate to a public officer of the Ministry or Lagos State Teaching Service Commission any of the functions conferred upon him by or under the provisions of this Law:

          Provided that nothing herein contained shall authorise the Commissioner to depute any person to make regulations under any power conferred upon him by this Law.

(2)     Any such delegation may be made either generally or in respect of any particular function or matter and shall be in writing, and shall be published in the Gazette.

(3)     Any such delegation shall be revocable at the will of the Commissioner and no such delegation shall prevent the exercise by the Commissioner of any function so delegated.

2.       Power to hold enquiries

The Commissioner may cause an inquiry to be held for the purpose of any of his functions under this Law and may appoint a person in writing to conduct any such inquiry.

3.       Function of Local Government Council

A Local Government Council shall participate within its area of jurisdiction in the provision and maintenance of primary education in accordance with the provisions of this Law and regulations made thereunder.

PART 2 – Statutory System

4.   The statutory system of education

(1)     The statutory system of education shall be organised in three stages, that is to say: primary, post-primary and higher education.

(2)     Primary education shall consist of the education for which provision is made in Part 3 of this Law.

(3)     Post-primary education shall consist of education for which provision is made in Part 3 of this Law.

(4)     Higher education shall consist of full-time and part-time education for persons in institutions other than primary and post-primary institutions.

PART 3 – Free Primary and Post-primary Education

5.   Interpretation

(1)     In this Part unless the context otherwise requires

“pupil” means a person of primary or secondary school age who belongs to Lagos State;

“existing pupil” means a person who is immediately before the appointed day registered as a pupil in a primary or secondary school;

“school year” means such period not exceeding twelve calendar months as the State Commissioner may from time to time appoint as the school year.

(2)     A person shall be regarded as belonging to the State for the purposes of this section—

(a)     if he or his father was born in Lagos State and he is, for the time being, resident in Lagos State; or

(b)     if he and his parent are, for the time being, resident in Lagos State; or

(c)     if in any school year he is resident in Lagos State and he has been so resident for a period of twelve months immediately preceding that school year.

6.       Primary school age

Any person shall be deemed to be of primary school age if at the commencement of any school year he has attained the age of six years and any person shall be deemed to be over primary school age at the end of the school year in which he attains the age of twelve years:

Provided that a person shall not be admitted into school if he has attained the age of seven years, or be deemed to be less than primary school age if he is not below five years and nine months on the first day of September of a school year.

7.   Secondary school age and qualification for admission

In this Law “secondary school age” in relation to any person means any age between the age attained by the person on the commencement of the school year after he attains the age of 12 years and the age attained by the person at the end of the same year after he attains the age of 18 years:

[1984 No. 9.]

Provided that any person shall be deemed to be of secondary school age if at the commencement of any school year he attains the age of 11 years 6 months and any person shall be deemed to be over secondary school age at the end of the school year in which he attains the age of 19 years:

Provided that a person shall not be admitted into the first year in a secondary school, if he is below 12 years of age or above 14 years of age on the first day of September of the school year and if he fails the First School Leaving Certificate Examination for that year.

[1984 No. 9.]

8.   Duty of Commissioner to ensure the education of children

It shall be the duty of the Commissioner to make such arrangements as appear to him to be necessary to secure

(a)     that every pupil of primary or secondary school age shall be afforded an opportunity to receive education in a primary or secondary school; and

(b)     that every registered pupil shall be afforded an opportunity to receive education in a Primary or Secondary School and be eligible to repeat the final class or any other class when necessary only once at a time, until such pupil has completed the Primary or Secondary School course.

[1984 No. 9.]

9.   Tuition in primary and post-primary schools to be free

(1)     Tuition in either a primary or a secondary school shall be free of charge.

[1984 No. 9.]

(2)     No pupil shall be barred from obtaining free primary and secondary education for reason of not providing school materials.

(3)     Any person who receives or obtains any fee or levy contrary to the provisions of subsection (1) of this section shall be guilty of an offence and on conviction be liable to a fine of one thousand naira or to imprisonment for twelve months or to both such fine and imprisonment, and on subsequent conviction to 18 months imprisonment without option of a fine.

10.   Sections 7, 8 and 9 not to apply in certain cases

(1)     The provisions of sections 7, 8 and 9 shall not apply in relation to any person who is resident outside Lagos State at the time he attains primary or secondary school age.

(2)     No duty imposed by this Part on the Commissioner shall be construed as being to any person who is for the time being resident outside Lagos State.

11.     Customary Courts to exercise jurisdiction over certain offences

A Customary court shall have jurisdiction to enforce within the limits of its jurisdiction the provisions of sections 9, 12, 13, 24 and 46 and to impose the punishment specified in those sections on persons who contravene any of such provisions.

12.   Duty of the Commissioner on teachers’ colleges

(1)     It shall be the duty of the Commissioner to make such arrangements as may appear to him necessary to ensure that adequate provision is made for teachers’ education.

(2)     Tuition in a teachers’ college shall be free of charge.

[1984 No. 9.]

(3)     Any person who receives or obtains any fee or levy contrary to the provisions of subsection (2) of this section shall be guilty of an offence and on conviction be liable to a fine of one thousand naira or to imprisonment for twelve months or to both such fine and imprisonment and on subsequent conviction to eighteen months imprisonment without option of a fine.

13.   Duty of the Commissioner on technical education

(1)     It shall be the duty of the Commissioner to make such arrangements as appear to him necessary to ensure that adequate provision is made for technical education.

(2)     Tuition in a technical college shall be free of charge.

[1984 No. 9.]

(3)     Any person who receives or obtains any fee or levy contrary to the provisions of subsection (2) of this section shall be guilty of an offence and on conviction be liable to a fine of one thousand naira or to imprisonment for twelve months or to both such fine and imprisonment and on subsequent conviction to eighteen months imprisonment without option of a fine.

PART 4 – General Provisions Relating to Education

14.     Pupils to be educated in accordance with the wishes of their parents

In the exercise and performance of all functions conferred or imposed on him by this Law, the Commissioner shall have regard to the general principle that, insofar as is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure, every pupil shall be educated in accordance with the wishes of his parent and in accordance with his age, ability and aptitude.

15.   Secular instruction in institutions

(1)     Subject to the provisions of this Law, the secular instruction to be given to the pupils in every institution shall be under the control of the Commissioner.

(2)     Save insofar as may be otherwise provided by the rules of management or articles of government for the institution, the power to control the secular instruction provided in any institution shall include power to determine the times at which the session shall begin and end, on any day, to determine the days on which the school term shall begin and end, to determine the school holidays and to require that pupils in attendance at the institution shall attend any class not conducted on the premises for the purpose of receiving instruction or training included in the secular curriculum of the institution.

16.     General provision for religious instruction in schools

No direction shall be given or regulation made as to the secular instruction to be given to pupils in attendance at any school so as to interfere with the provision of reasonable facilities for religious instruction in the school during school hours; and no such direction shall be given so as to prevent a pupil from receiving religious instruction in accordance with the provision of this section during the hours normally set apart for that purpose unless arrangements are made whereby the pupil shall receive such instruction in the school at some other time.

17.     Curriculum of schools to include religious worships and instruction

Subject to the provisions of section 19 of this Law, there shall be provided in the curriculum of every school a reasonable period during which, subject to the wishes of their parents, children of the same religious denomination or faith may together worship and receive religious instruction in accordance with the tenets of such religion or faith.

18.     Religious instruction in schools

If the Commissioner is satisfied that the parents of any pupil in attendance at any school desires him to worship and to receive religious instruction in accordance with the tenets of a particular religious denomination or faith, he shall direct that facilities be provided for such worship and religious instruction to be conducted by such person as the Commissioner may specify during the normal period set apart for the purpose at the school.

19.     Pupils excused from attendance at religious worship or instruction

(1)     If the parent of any pupil in attendance at any institution requests that he be wholly or partly excused from attendance at religious worship or religious instruction in the institution, then until the request is withdrawn, the pupil shall be excused from such attendance accordingly.

(2)     Where any pupil has been wholly or partly excused from attendance at religious worship or instruction in any school in accordance with the provisions of this section, and the Commissioner is satisfied

(a)     that the parent of the pupil desires him to receive religious instruction of a kind which is not provided in the school during the period in which he is excused from such attendance;

(b)     that the pupil cannot with reasonable convenience be sent to another school where religious instruction of the kind desired by the parent is provided; and

(c)     that arrangements have been made for him to receive religious instruction, the pupil may be allowed to receive such instruction elsewhere within a reasonable time during school hours.

Provided that the pupil shall not be so withdrawn unless the Commissioner is satisfied that the arrangements are such as will not interfere with the attendance of the pupil at school on any day except at the beginning or end of the school session on that day.

20.     Certain conditions of attendance not to be required

It shall not be required as a condition for any pupil attending any institution that he shall attend or abstain from attending, whether in the institution or elsewhere, any Sunday School, or any form of religious worship or observance or any instruction in religious subjects.

21.     Registration of pupils at institution

The head of every institution shall cause to be kept accordance with regulations made by the Commissioner a register containing the prescribed particulars with respect to all persons who are pupils at the institution, and such regulations may make provision for enabling extracts therefrom to be taken for the purpose of this Law by persons duly authorised in that behalf under the regulations, and for requiring the persons by whom any such register is required to be kept to make to the Commissioner, such periodical (or other) returns as to the contents thereof as may be prescribed.

22.     Regulations

Subject to the provisions of this Law, the Commissioner may by regulation make provision with respect to

(a)     the instruction to be given in institutions;

(b)     the arrangements for the admission of pupils to institutions;

(c)     the standard of education to be attained by persons seeking admission to, or concluding their education in secondary schools and teachers’ colleges;

(d)     the standard to be attained by pupils in any department of any institution;

(e)     the examination of pupils in public institutions and the classification of certificates awarded to pupils in any institution;

(f)      the discipline of pupils in institutions (including their removal or withdrawal); and

(g)     any other matter that the Commissioner may determine.

PART 5 – Establishment and Continuance of Institutions

23.     Establishment of institutions

The Commissioner may establish and may unite or discontinue such educational institutions as he thinks fit.

24.     Opening of new institutions

(1)     No person shall open a new institution unless

(a)     not later than the first day of March of the year preceding that in which it is proposed to establish the institution he has furnished the Commissioner with information, in the prescribed form, with respect to the following matters:

(i)      the name and address of the sponsor of the institution;

(ii)     the situation of the institution and plan of the buildings;

(iii)    the type of institution, the number and type of classes and the medium of instruction proposed;

(iv)    the numbers, qualification and nationality of the staff;

(v)     the nature of the interest in or tenure to the land to be possessed by the sponsor;

(vi)    a sworn declaration in the case of primary or post primary institution but not in the case of adult and non-formal educational institutions, that no fees shall be charged in such an institution and that other services to be provided shall be free of charge;

(vii)   any other information as may be required by the Commissioner; and

(b)     prior to the opening of the institution, he has obtained the consent of the Commissioner;

(c)     he has paid to the Government treasury the prescribed fee.

(2)     No person who has not obtained the consent of the Commissioner to open a school under subsection (1) of this section shall advertise an invitation to prospective pupils to apply for admission to any new institution unless he obtained the prior consent of the Commissioner to the advertisement.

(3)     Any person who in any return or statement which he is required to make under subsection (1) of this section knowingly furnishes any information which is false in a material particular shall be guilty of an offence and on summary conviction be liable to a fine of two thousand naira or to imprisonment for two years or to both such fine and imprisonment.

(4)     Any person who contravenes any of the provisions of subsection (1) or (2) of this section shall be guilty of an offence and shall be liable on summary conviction

(a)     in the case of contravention of subsection (1) of this section to a fine of five thousand naira or to imprisonment for two years or to both such fine and imprisonment;

(b)     in the case of contravention of subsection (2) of this section to a fine of two thousand naira or to imprisonment for two years or to both such fine and imprisonment.

25.     Power to withhold consent to open new institutions

The Commissioner may withhold his consent to the opening of a new institution

  • where the sponsor is not normally resident in Nigeria; or
  • where, in the opinion of the Commissioner the sponsor is not a fit and proper person to be in charge of an institution; or
  • where after an inspection, the Commissioner is satisfied that the site, building or equipment of the proposed new institution are not suitable or adequate for the purpose of the institution; or
  • where the sponsor has no certificate of occupancy on the land or any interest therein on which the institution is situate; or
  • where, in the opinion of the Commissioner, the proposed teaching staff or any one of them has not the qualification required under this Law; or
  • where in the opinion of the Commissioner, the proposed number or type of classes is inadequate; or
  • where, having regard to any other educational facilities available in the area, the Commissioner is of the opinion that the proposed institution will not be in the interest of the community to be served.

26.   Power of the Commissioner to close institutions

(1)     If at any time the Commissioner is satisfied that an institution is   objectionable upon all or any of the following grounds

(a)     that the sponsor is not resident in Nigeria; or       

(b)     that an offence under this Law had been committed in respect of that institution; or

(c)     that the sponsor of the institution is not a fit and proper person to be the sponsor or if one-third of the teachers employed therein are not qualified to be teachers in the institution; or

(d)     that the premises or any part thereof are unsuitable for an institution; or

(e)     that the accommodation provided at the premises of the institution is inadequate or unsuitable having regard to the number, age and sex of the pupils attending the institution; or

(f)      that efficient and suitable instruction is not being provided at the institution having regard to the age, ability and aptitude of the pupils attending therein; or

(g)     that the manner in which the institution is conducted is dangerous or potentially dangerous to the physical or moral welfare of the pupils in attendance; or

(h)     in the case of an institution, having regard to any other educational facilities available in the area, the institution is not in the interest of the community to be served; may order the institution to be closed down.

(2) (a) The sponsor of an institution which has been ordered to be closed down by the Commissioner under the provisions of subsection (1) of this section who fails to close down the institution within the time specified shall be guilty of an offence and be liable on summary conviction to a fine of N2,000.00 (Two thousand naira) and in addition to a penalty of N40.00 (forty naira) for each day after the order during which the institution is opened;

(b)     if the offence continues after such conviction, the sponsor shall be liable on summary conviction on a second or any subsequent conviction to a fine of N3,000.00 (Three thousand naira); and in addition to a penalty of N40.00 for each day after the order during which the institution is opened or to imprisonment for one year or to both such fine and imprisonment.

27.   Power of the Commissioner to take over institutions from sponsor

(1)     Where

(a)     the sponsor of an institution has served on the Commissioner notice of his intention to discontinue the management of the institution under section 28 of this Law, or otherwise is or appears to be incompetent or unwilling to continue the management thereof;

(b)     an institution ought ordinarily to be closed down upon any one or more of the grounds specified in subsection (1) of section 6 of this Law;

(c)     the Commissioner is reasonably satisfied that the continued ownership and management of an institution by the sponsor is not in the public interest;

The Commissioner, if he is of the opinion that it is expedient in the public interest that such institution ought not to be closed down or discontinued may, by order vest the ownership, administration and management thereof absolutely in the Government.

(2)     The sponsor of an institution whose ownership is vested in the Government shall be entitled to be paid promptly adequate compensation to the extent of his proved financial interest therein and in the event of any dispute arising between the sponsor and the Government as to the amount of compensation payable, either party may refer the dispute to the High Court of the State for determination.

(3)     Any person who immediately before the commencement of any order made under this section held office as a member of the staff of any institution affected by the said order shall, on and after the commencement of the said order, unless at any time he is transferred, removed from or resigns his office in the manner provided by law, continue to hold and exercise that office in the public service of Lagos State.

28.   Discontinuance of institutions

(1)     The sponsor of an institution shall not discontinue the institution unless he has given not less than three months’ notice to the Commissioner of his intention to do so specifying the reasons for such discontinuance.

(2)     The sponsor of an institution who discontinues that institution without giving the notice required by subsection (1) of this section shall he guilty of an offence and shall be liable on summary conviction to a fine of five hundred naira or six months imprisonment or to both such fine and imprisonment.

29.     Transfer of institutions to new sites and substitutions for old sites

(1)     Where the Commissioner is satisfied that it is expedient that an institution should be transferred to a new site either because it is not reasonably practicable to make to the existing premises of the institution the alteration necessary for ensuring that they should conform to the prescribed standards for in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning, the Commissioner may authorise the transfer of the institution to the new site; and any transfer so authorised shall not be deemed, for the purposes of this Law, to constitute the discontinuance of the institution or the establishment of a new institution.

(2)     Where it is claimed that any institution or institutions proposed to be established is in substitution for another existing public institution or for two or more such institutions which are to be discontinued, then the Commissioner may by order direct that the institution or institutions proposed to be established shall be established in substitution for the institution or institutions to be discontinued, and where such direction is given, the provisions of this Law relating to the discontinuance of institution shall not apply with respect to the discontinuance of the institutions to be discontinued.

30.  Institutions to be run on approved site

(1)     No Person shall open or operate an institution except on the site approved by the Commissioner.

(2)     Any person or group of persons who contravenes the provisions of subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand naira or twelve months imprisonment or to both such fine and imprisonment.

31.   Power of the Commissioner to merge schools

The Commissioner, if he is of the opinion that the merger of any two or more public institutions will be conductive to greater economy or efficiency, may direct such merger to be effected.

32.     Restriction on the use of premises of institutions  

The premises of an institution shall not be used for any purpose which in the opinion of the Commissioner interferes with the purpose for which such institution was established.

33.     Power to make Regulations

(1)     Subject to the provisions of this Law, the Commissioner may by regulations make provisions for all or any of the following matters

(a)     the form of the particulars to be furnished to the Commissioner and to the appropriate authorities for the purposes of any of the provisions of this Part;

(b)     the procedure with respect to the establishment, discontinuance or transfer to new sites of any institutions;

(c)     the standards to which the premises of institutions are to conform;

(d)     the records, account and similar documents to be kept in institutions and the returns or information to be supplied by person and bodies responsible for such institutions.

(2)     Regulations made under subsection (1) of this section may make different provisions, for different descriptions of institutions.

34.     Trespass on school property

(1)     No person or group of persons shall occupy or use any land or building or any part of the premises of any institution without the consent of the Commissioner.

(2)     Any person or group of persons who contravenes the provisions of subsection (1) above shall be guilty of an offence and be liable on summary conviction to a fine of N1,000.00 or twelve months imprisonment or to both fine and imprisonment and shall in addition pay N50.00 for each day during which the contravention lasts:
Provided that where such contravention involves the erection of structures or buildings the persons or group of persons shall forfeit such structures or buildings to the Government.

PART 6 – Appointment of Patrons

35.     Control of institutions

Every institution shall be controlled in accordance with directives issued from time to time by the Commissioner.

36.   Appointment of Patrons

The Commissioner may appoint as many patrons as he deems fit for any institution.

37.     Tenure of Office of Patrons

The patrons shall, subject to the pleasure of the Commissioner, hold office for such period and on such terms as may be specified in their instruments of appointment.

38.     Duties of Patrons

The patrons shall visit the institution in respect of which they are appointed as often as circumstances may require and advise the Commissioner on the general improvement of the institutions.

39.   Power to surcharge

(1)     The Commissioner may, if he is satisfied that any person has by negligence or misconduct caused any loss of or deficiency in the funds or property of any public institution, surcharge the amount of any such loss or deficiency upon the person by whose negligence or misconduct the loss or deficiency has been incurred.

(2)     Any sum surcharged under subsection (1) of this section shall, on complaint made or action taken by or under the direction of the Commissioner be recoverable as a civil debt to the institution concerned.

(3)     Any person who is aggrieved by any decision to surcharge him under this section may appeal to the High Court within thirty days of being notified of the decision.

(4)     The High Court on such appeal shall have power to confirm, vary or quash the decision of the Commissioner, and to remit the case to the Commissioner with such directions as the High Court thinks fit for giving effect to the decision on appeal.

40.     Regulations

(1)     The Commissioner may by regulations make provisions with respect to all or any of the following matters

(a)     the organisation of institutions;

(b)     the duties, responsibilities and functions which are not provided for by this Law.

(2)     Regulations made under subsection (1) of this section may include different provisions for different descriptions of institutions.

PART 7 – Teachers

41.     Regulations

Subject to the provisions of this Law and notwithstanding the provisions of the Lagos State Teaching Service Commission Law, the Commissioner shall by regulations make provisions with respect to

[Cap. L48.]

  • appointment, discipline, promotion, probation, confirmation of appointment of teachers;
  • the examination of teachers and the classification of certificates given to teachers;
  • the instructions to be given in teachers’ colleges;
  • requiring any pupil in, or any person entering, a teachers’ college to give such security as may be prescribed

(i)      for the completion of the course of instruction; or

(ii)     to serve as a teacher in an institution for such period after completion of the course of instruction as may be prescribed.

(e)     the classification of teachers;

(f)      the salary scales, allowances and terms and conditions of service of teachers;

(g)     school administration;

(h)     inspection of teachers.

PART 8 – Inspection of Institutions

42.     Inspection of institutions

It shall be the duty of the Commissioner to cause inspections to be made into every institution at such intervals as appear to him to be appropriate and to cause a special inspection into any such institution inspection as he deems fit.

43.     Appointment of Inspectors

For the purpose of enabling such inspection to be made, suitable persons being public officers may be appointed as Inspectors.

44.     Functions of Inspectors

(1)     An Inspector may be required to perform all or any of the following functions

(a)     provide the Commissioner with knowledge of institution and its potentialities and with expert views on educational matters;

(b)     assess and report on the efficiency of an institution by inspection,

(c)     offer all possible assistance to teachers in maintaining educational progress;

(d)     supervise, assess and report on the arrangements for the education of teachers in curricular and co-curricular activities;

(e)     maintain a thorough knowledge of educational development through study, research and travels and advise educational progress by the compilation of pamphlets and hand-books on general or particular aspects of education;

(f)      establish and maintain relations with local and national industrial and commercial enterprises and professional bodies so as to enable the Commissioner secure training schemes suitable in type and volume to their needs.

(2)     An Inspector who is a public officer may in addition to the functions enumerated in subsection (1) of this section be required to perform any function which the Commissioner may from time to time specify.

45.   Penalty for obstructing an Inspector

Any person who obstructs an inspector in the execution of his duty, shall be liable on summary conviction to a fine not exceeding five hundred naira or to imprisonment for six months and in the case of a second or subsequent conviction, to a fine not exceeding one thousand naira or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

46.     Power to make Regulations

The Commissioner may by regulation make provision with respect to

  • the inspection of institutions and the conduct of teachers;
  • report of inspections and related matters.

PART 9 – Supplementary Provisions

47.     Repeal of Cap. 37

The Education Law, Cap. 37 Laws of Lagos State and all its subsequent amendments are hereby repealed.

PART 10

Interpretation and Citation

48.     Interpretation
In this Law, unless the context otherwise requires

“adult and non-formal educational institution” means a class or assembly of not less than ten persons receiving instruction in remedial, continuing, vocational, aesthetic, cultural and civic education for youths and adults outside the formal school system;

“child” means a person who is not above primary school age;

“class for religious instruction” means class or assembly of not less than ten persons receiving instruction in religious subjects and no other instruction save such as may be prescribed;

“free education” means all aspects of education provided free by the government;

“functions” include powers and duties;

“Gazette” means Lagos State Government Official Gazette;

“higher institution” means a teachers’ college, technical college, college of technology and a University;

“institution” means an assembly of not less than ten persons assembled for the purpose of regular instruction in any form of education whatsoever and includes a school but does not include any class for religious instruction;

“illiteracy class” means a class or assembly of not less than ten persons receiving elementary instruction in reading, writing and numbers according to a syllabus approved by the Commissioner;

“local government council” means local area authority and any divisional or district council established under the provisions of the Local Government Law;

“maintain” in relation to an institution means manage the institution and defray the expenditure;

“the Ministry” means the Ministry of Education;

“parent’’ in relation to any child means the person who has the lawful custody of the child;

“premises” in relation to any institution includes any detached planning fields;

“prescribed” means prescribed by regulations made by the Commissioner;

“primary school age” has the meaning assigned to it by section 6 of this Law;

“primary school” means a school which provides a six year basic course of full time instruction suitable for pupils between the ages of six years and twelve years;

“pupil” means a person who is not above secondary school age;

“registered pupil” means in relation to any institution a pupil registered as such in the register kept in accordance with the requirements of this law;

“school” includes a primary or secondary school but does not include a Sunday school, a class for religious instruction, a technical college, a teachers’ college or any other institution intended solely for the education of adults;

“secondary school” means a school or a department of an institution classified as such by the Commissioner to which pupils are admitted after the satisfactory completion of their primary school course and providing a course of full-time instruction based on a syllabus approved by the Commissioner;

“sponsor” in relation to any institution means the person or authority notified to the appropriate authorities as the sponsor of the institution in accordance with

Part 5.

49.   Citation This Law may be cited as the Education Law. 

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