Legal status of private universities in Nigeria

Abstract

Education, they say, is the bedrock of development and progress. The quest for Nigeria to provide tertiary education for her teaming secondary school leavers made her change her initial reluctance to invite private initiatives to participate in the provision of tertiary education in the country. With the licensing of the first private university in about a decade ago, the number has increased to 61, thus surpassing the number established by either the Federal or the States governments. The existence of private universities is old enough to invite an appraisal of whether or not they have satisfied the yearnings of the public or the government that allowed their existence. It is also important to examine whether or not they have operated according to the traditions of university system. Our paper is to examine the legal status of private universities in Nigeria. The importance of the legal regime of any endeavour cannot be overemphasized. From our research, we have noted the shocking fact that no private university in Nigeria is established by law in accordance with the Education (National Minimum Standards and Establishment of Institutions) Act 2004. This has numerous legal implications as to ownership, control, autonomy, delivery of quality education, labour, legal personality, life perpetuity and a host of other legal matters. These issues are addressed and concrete suggestions made so that private participation in tertiary education in Nigeria will be a blessing and not a curse to the educational sector in the future.