The Nigerian Publishers Association (NPA) has asked the Federal High Court in Ibadan to determine whether the Nigerian Educational Research and Development Council (NERDC) can compel publishers to subject already-approved textbooks to a fresh ranking exercise.
The association, in a suit marked FHC/IB/CS/117/26, is challenging the legal basis of the Textbook Ranking Framework introduced by NERDC, arguing that the policy could affect textbooks that have already gone through the Council’s assessment, approval and certification processes.
The suit, filed at the Federal High Court, Ibadan Judicial Division, has the President of Nigeria, NERDC, the Minister of Education and the Attorney-General of the Federation as defendants.
At the heart of the case is whether NERDC’s statutory powers extend to making further ranking a condition for the continued use, distribution, procurement or sale of textbooks that have already been approved.
The NPA is also contesting the Ranking Fee attached to the exercise, questioning the authority of NERDC to impose the charge on publishers as a condition for participation in the framework.
Another key issue before the court is the validity of regulations purportedly introduced under the NERDC Act. The publishers want the court to determine whether such regulations can take effect without the approval of the President and publication in the Federal Gazette, as prescribed by law.
The association said the controversy is particularly significant because publishers who fail to participate in the ranking exercise could have their previously approved textbooks excluded from classroom use.
The NPA is therefore seeking judicial clarification on whether NERDC has the statutory authority to impose such conditions on publishers and their books.
The association said it had previously engaged the Federal Ministry of Education and NERDC over the policy, but the disagreement persisted, prompting the decision to seek judicial interpretation.
However, the NPA stressed that the court action should not be seen as a rejection of dialogue with the government.
It said it remained committed to meaningful engagement with the Federal Government and other stakeholders towards developing a textbook approval system that is lawful, transparent and responsive to the interests of learners, teachers and the publishing industry.
The statement was signed by Rotimi Iyiola, Executive Secretary, Nigerian Publishers Association.