Delisting Colleges of Legal Studies from TetFund Intervention: A Call for Reconsideration

Before the enactment of the National Policy on Education (NPE) document of 1977, Colleges of Legal Studies in Nigeria have been in existence, making positive contributions to the pool of knowledge and betterment of humanity. This is because they strive to create a dynamic, favourable and conducive atmosphere for teaching, learning, research and dissemination of […]

Before the enactment of the National Policy on Education (NPE) document of 1977, Colleges of Legal Studies in Nigeria have been in existence, making positive contributions to the pool of knowledge and betterment of humanity. This is because they strive to create a dynamic, favourable and conducive atmosphere for teaching, learning, research and dissemination of knowledge in order to produce intelligent and experienced students who are fit to face future challenges and contribute meaningfully to the development of our dear nation. As a result, these colleges produce some of the best students, by applying the best methods, using the best teachers, guided by the best policies, and aided by the best facilities. Beside their primary responsibilities of providing professionally competent and confident intermediate staff in the judicial system and other arms of the government, these colleges have also produced some of the highest cadre in the judiciary. To make this fact lucid, the current Attorney General of the Federation and Minister of Justice Abubakar Malami SAN, and the Sokoto State Attorney General and Commissioner of Justice, who is also the first SAN in the history of Sokoto State, Sulaiman Usman, are both product of College of Legal and Islamic Studies Sokoto.

However, despite the key role played, and still being played, by these Colleges in the dissemination of knowledge, inculcation of values, skills and contribution to the national development, these colleges were obliterated from TetFund intervention in 2011. Leaving them at the mercy of their respective state governments and the peanut amounts they collect from their students known as “Registration Fee”. And even the “Registration Fee” is now under pressure to be remitted to Treasury Single Account (TSA).

TetFund Intervention

The Tertiary Education Trust Fund (TetFund) was established by an Act of the National Assembly in 2011. The Act replaced the Education Tax Fund Act Cap. E4 Laws of the Federation of Nigeria 2004 and Education Tax Fund (Amendment) Act No 17, 2003. The Fund was set up to administer and disburse education tax collections to the Public tertiary educational institutions in Nigeria. The main source of income available to the Fund is the 2% education tax paid from the assessable profit of companies registered in Nigeria. The tax is collected by the Federal Inland Revenue Service (FIRS) to provide essential physical infrastructure, instructional materials, research, publication and staff training.

According to National Policy on Education (NPE), tertiary education is the education offered after secondary education in universities, colleges and polytechnics, including those institutions offering correspondence courses. However, the TetFund Act. (2011) contradicts the NPE’s definition by restricting the meaning of tertiary institutions only to Universities, Polytechnics and Colleges of Education. Thereby excluding Colleges of Legal Studies, Colleges of Agriculture, Colleges of Health Science and Technology and Colleges Nursing to mention but just a few. Evidently, by having a clear view at the TetFund definition of “Tertiary Institution”, one will apparently sense a deliberate and calculated misinterpretation of the term “Tertiary Education”.

Thus, the Board of Trustees of the TetFund interventions should take note that by definition, designations and standards Colleges of Legal Studies in Nigeria are tertiary institutions and should be treated as such. Besides, Colleges of Legal Studies have practically fulfilled all the requirements set up by the TetFund BOT which are: one, the prospective beneficiary must be a public tertiary institution. Two, the institution must be recognized by the relevant regulatory body such as NUC, NBTE or NCCE. Three, the institution must have been established by law via an Act of parliament or edict of the State House of Assembly and signed into law by the President or State Governor, as the case may be. Four, academic activities must have commenced at the institution. Five, the prospective institution shall formally apply to the Fund to be enlisted as a beneficiary. Six, TetFund shall visit the institution to verify that academic activities have commenced and thereafter recommend to the Board of Trustees for enlistment as a beneficiary. Seven, following approval by the Board of Trustees, the institution shall be enlisted and formally be notified.

It will interest readers, at this juncture, to note that Colleges of Legal Studies are established by Edicts and signed into law by the Executive Governors of their respective states. And their programmes are fully affiliated and soundly accredited by the legally recognized regulatory bodies established by the Federal Government, namely National Universities Commission (NUC) for their degree programmes, National Commission for Colleges of Education (NCCE) for their NCE programmes, and National Board for Technical Education (NBTE) for their social and management studies programmes respectively. But unfortunately, this single misinterpretation of the term “Tertiary Education” resulted in delisting these colleges from such a gargantuan intervention.

Struggles/Prayer

Despite the absence of TetFund intervention, Colleges of Legal Studies in Nigeria have witnessed a significant growth in terms of population expansion through increase in enrolment and establishment of additional programmes. However, it is depressing to note that many of the indices that can guarantee good, qualitative and sound tertiary education are not taken into consideration in the Federal Government’s quest to meet its quantitative and qualitative target. It is important to note that these colleges are equally entitled to benefit from the TetFund intervention in the areas of infrastructure, facilities, equipment fabrication, entrepreneurship intervention, ICT Support, staff training and development, library intervention and research grants. But unfortunately, this has not been the case over the years. It is sad to explain that the absence of the above intervention has forced these colleges to virtually rely on the Internally Generated Revenue (IGR) and some budgetary provisions from their respective state governments to survive. Consequently, delisting Colleges of Legal Studies from the Tetfund intervention in 2011 has, to a large extent, affected their mode of operation in terms of administrative policies, academic programmes, and social services to staff and students.

To this end, Colleges of Legal Studies pray for the followings: One, Colleges of Legal Studies are tertiary institutions and should be treated as such. Two, having fulfilled all the requirements, Colleges of Legal Studies should immediately be re-injected to TetFund intervention.  Thirdly, the TetFund Act. (2011) should, without further delay, be amended in order to recognize the role of other tertiary institutions as major stakeholders in nation building. Fourthly, the definition of “tertiary institution” presented by TetFund Act. (2011) should be abrogated for narrowing the scope of tertiary institutions only university, polytechnic and college of education. Fifthly, the struggle to re-inject Colleges of Legal Studies back to TetFund intervention is not restricted to the leadership of these Colleges alone, but extended to their state governments, politicians, Royal Fathers, and the colleges’ alumni.

Dr. Adam is the Provost, Atiku Abubakar College of Legal and Islamic Studies, Nguru, Yobe State.