The Nigerian Publishers Association has approached the Federal High Court in Ibadan, Oyo State, seeking an order to halt the implementation of the Nigerian Educational Research and Development Council’s new textbook ranking policy.
The suit, marked FHC/IB/CS/117/26, lists the President of NERDC, the Minister of Education and the Attorney General of the Federation as defendants. A copy of the suit was obtained by PUNCH Online on Friday.
The NPA is challenging the requirement that textbooks which have already been assessed, approved and certified for use must undergo another compulsory ranking exercise before they can continue to be used, distributed, procured or sold.
According to the association, the major issue before the court is whether NERDC has the statutory authority to impose the additional requirement on publishers and previously approved textbooks.
“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 NPA stated.
The publishers are also challenging the compulsory ranking fee attached to the exercise and the legal process through which the new regulations were introduced.
The association wants the court to determine whether regulations introduced under the NERDC Act can take effect without the required presidential approval and publication in the Federal Gazette.
The NPA further expressed concern over the consequences for publishers who fail to participate in the ranking exercise, warning that previously approved textbooks could be excluded from classroom use.
NERDC introduced the ranking framework as part of efforts to regulate the quality of textbooks, ensure compliance with prescribed standards and promote alignment between instructional materials and the national curriculum.
However, the policy has generated concerns within the publishing industry, particularly over the additional financial burden placed on publishers and the requirement for previously approved textbooks to undergo another regulatory process.
Amid the concerns, NERDC recently reduced the textbook assessment fee from N2,000 to N1,500 per page, while the ranking fee was reduced from N1 million to N750,000 per title.
The council also announced measures concerning refunds for publishers who had already paid the previous assessment rate.
Through the court action, the NPA is seeking judicial clarification on the legality of the ranking requirement, compulsory participation and the fees attached to the exercise.
The association, however, stressed that its decision to approach the court does not mean it has abandoned negotiations with the Federal Government.
“The court action does not rule out further dialogue with the Federal Government,” the NPA said.
It added that it remained committed to meaningful dialogue and was willing to work with the government and other stakeholders towards a textbook approval system that is lawful, transparent and beneficial to learners, teachers and the publishing industry.
The case is expected to provide judicial clarification on the extent of NERDC’s regulatory powers, particularly its authority to introduce additional requirements for textbooks that have already undergone the approval process.
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