Legal Battle Looms as Publishers Sue NERDC on Textbook Policy

The Nigerian Publishers Association (NPA) has initiated legal action at the Federal High Court in Ibadan, seeking an injunction to stop the Nigerian Educational Research and Development Council (NERDC) from enforcing its recently introduced textbook ranking policy. The association contends that the council lacks the legal mandate to compel textbooks, which have already received official approval, to undergo an additional mandatory ranking process.

The lawsuit, identified as FHC/IB/CS/117/26, names the President of NERDC, the Minister of Education, and the Attorney-General of the Federation as respondents. Our correspondent confirmed obtaining a copy of the legal document on Friday. Central to the NPA's challenge is the demand that educational materials already evaluated, approved, and certified for academic use must submit to a new ranking exercise before they can be legally utilized, circulated, acquired, or marketed.

Furthermore, the NPA is contesting the compulsory fee associated with this ranking process. It is also asking the court to determine if regulations introduced under the NERDC Act can become effective without obtaining the necessary presidential approval and subsequent publication in the Federal Gazette. According to the association, the primary question for the court to resolve is whether NERDC possesses the statutory authority to impose these new requirements on publishers.

The NPA explicitly stated, “The major issue before the court is whether NERDC has the legal power to compel publishers to submit textbooks that have already been assessed, approved and certified to another ranking exercise before they can continue to be used, distributed, procured or sold.” The association reiterated its challenge to both the mandatory ranking fee and the legal procedure through which these new regulations were established. It added that the court would also need to determine “whether regulations introduced under the NERDC Act can take effect without the required presidential approval and publication in the Federal Gazette.”

Concerns were raised by the NPA regarding the repercussions for publishers who opt not to participate in the exercise, noting that “publishers who fail to participate in the ranking exercise risk having previously approved textbooks excluded from classroom use.” The association aims for the court to clarify if NERDC has the statutory power to impose such a condition on textbooks that have already completed the established approval process.

NERDC introduced this ranking framework as part of its broader efforts to regulate textbook quality, ensuring that instructional materials in schools meet specified standards and align with the national curriculum. However, the policy has sparked considerable apprehension within the publishing sector, particularly concerning the increased financial burden on publishers and the implications of making ranking a prerequisite for the continued use of previously approved textbooks.

In response to these industry concerns, NERDC recently adjusted the textbook assessment fee, reducing it from N2,000 to N1,500 per page. Similarly, the ranking fee was lowered from N1 million to N750,000 per title. The council also announced provisions for refunds to publishers who had already paid the previous assessment rate.

The NPA's legal action seeks a judicial ruling on the legality of the ranking requirement, the mandatory participation, and the fees attached to the entire process. Despite seeking court intervention, the association emphasized that it remains open to negotiations with the Federal Government. The NPA affirmed, “The court action does not rule out further dialogue with the Federal Government.” It further stated that it “remain[s] committed to meaningful dialogue and willing to work with the government and other stakeholders towards a textbook approval system that is lawful, transparent and in the interest of learners, teachers and the publishing industry.”

The association clarified that its stance is to ensure that the regulatory framework governing textbooks is legally sound, transparent, and beneficial to all parties involved in the education sector. This case is anticipated to offer judicial clarity on NERDC's authority to introduce additional requirements for already approved textbooks, as well as the legal foundation for the fees and other conditions linked to the ranking process.