declaratory order in the circumstance of this case and the Court so declares as
prayed for by the Applicant.
As to the Applicant's second relief seeking an Order of the Court that the
prohibitive policy be immediately revoked, this Court having held that the ban
was imposed in violation of the rights of the affected teenage pregnant girls,
hereby further orders that the impugned policy be immediately revoked by the
Respondent by publication in both electronic and print media in all communities
throughout the jurisdiction of the Respondent.
As to the Applicant's third relief, the issues sought to be addressed by the said
relief were not in issue before this Court and as such, the Court is bereft of power
grant same. What is before the Court is the enforcement of right to education
and freedom from discrimination and not the modalities for addressing
the issue
of teenage pregnancy as prayed for. There is a thin line between the mandate
of this Court in the enforcement of human rights against member states based
on their international commitments and obligations as against determination of
propriety or otherwise of domestic administrative decisions, the latter rests with
municipal courts of member states.
As has already been held, education is a right and it is the responsibility of the
State to ensure that both males and females are afforded equal opportunities
to education without distinction. This responsibility
the State has covenanted to
do by being signatory to all International Instruments relating to education and
human rights of the girl child. In the instant case, having declared the
Respondent's action discriminatory, reliefs 4, 5 and 6 relating to the education
of the girl child is within the competence of the Court to grant because doing so
will add meaning to the right to education. The Court in the case of SERAP vs.
FEDERAL REPUBLIC OF NIGERIA (supra), stated in paragraph 118 that:
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