March brings one of the hottest seasons in Northern Nigeria, with temperature going as high as 44 degree celsius. Fasting during this period prevents Muslim students from hydrating. Therefore in early March, at the commencement of Muslims’ Ramadan fasting, Kebbi, Katsina, Bauchi, and Kano state governments closed schools for the fasting period, a decision that sparked a debate over the legality of such action.
Though the state governments gave no regards to the presence of non-muslim students’ in the schools, a review of the provisions of the Nigerian constitution shows the state governments acted within their constitutional authority. While this policy affects students’ academic schedules, the states had adjusted calendars, an act no law explicitly prohibits.
In a statement by the Supreme Council for Shariah in Nigeria, Secretary-General Nafiu Baba-Ahmad, said the policy prioritised students’ well-being amid extreme hot weather conditions.
Steve Aluko, the executive director of Civil Liberty Organisation in Northern Nigeria, argued the government’s school closure infringed on children’s rights and affected others who do not practice Islam.
“If you close schools because one religion is fasting, what about the rights of others who belong to different faiths?” Queried Aluko. “Religion is a personal affair and should be treated as such. It should not interfere with a child’s education or limit their opportunities for academic excellence.”
What Does the Law Say?
Legislative powers in Nigeria are divided into the Exclusive, Concurrent, and Residual Legislative Lists in the Second Schedule of the Constitution, defining federal and state government responsibilities.
The Exclusive Legislative List covers matters under the federal government’s sole authority, such as aviation, currency, and mineral resources, while the Concurrent List allows both levels of government to legislate on areas like university, technological, and post-primary education. Matters outside these lists fall under the Residual List, which comprises the responsibilities of state governments.
Primary education falls under the Residual List, meaning the state governments have exclusive control. Meanwhile, the federal and state governments share authority over secondary education, but the federal government’s role is limited to policy guidance through institutions like the Universal Basic Education Commission (UBEC) and managing federal unity schools and technical colleges. It does not have authority to oversee state school calendars.
These provisions mean the management of calendars for all primary schools and the secondary schools established by the state governments falls under the authority of the state governments, including the temporary school closures for Ramadan fasting.
Despite the legal justification, civil society organisations warn the school closures could negatively impact students’ academic progress.
Daniel Musa, the chairman of the Hausa Christian Development Initiative, argued that reducing instructional time, even temporarily, could weaken students’ academic performance and frequent disruptions to the academic calendar could create uncertainty and instability for students, making it difficult to plan their academic and professional futures.
“Disruptions to the academic calendar can also have economic and social implications,” said Musa. “Students may experience delayed graduation, which can affect their career prospects and earning potential.”
Musa suggested the state governments ought to shorten school hours to accommodate fasting students while keeping academic activities running.
