The Nigerian Publishers Association (NPA) has dragged the Federal Government and the Nigerian Educational Research and Development Council (NERDC) before the Federal High Court in Ibadan over the legality of the Council’s new Textbook Ranking Framework.
The suit, marked FHC/IB/CS/117/26, also names the President of Nigeria, the Minister of Education and the Attorney-General of the Federation as defendants.
At the centre of the legal dispute is the authority of NERDC to compel publishers to subject textbooks that have already been assessed, approved and certified for use to another compulsory ranking exercise before such books can continue to be used, distributed, procured or sold.
The NPA is also challenging the compulsory ranking fee attached to the exercise, as well as the legal validity of regulations introduced under the NERDC Act without what the association contends is the required presidential approval and publication in the Federal Gazette.
The Federal Government introduced the National Textbook Ranking System as part of efforts to standardise instructional materials used in Nigerian schools and ensure that only quality and curriculum-compliant textbooks are recommended for use.
Under the policy, which is expected to take effect from the September 2026 academic session, textbooks that have undergone assessment and approval are to be subjected to a further ranking process. Unranked textbooks could consequently be excluded from classroom use.
However, the publishers’ body has questioned whether NERDC possesses the statutory power to impose the additional requirement on books that have already passed through the Council’s established approval process.
The association is particularly concerned that publishers who fail to participate in the ranking exercise could have their previously approved textbooks excluded from schools, despite having already met the existing assessment and approval requirements.
The NPA is therefore asking the court to determine whether the Council has the legal authority to make participation in the ranking exercise a condition for the continued use, procurement, distribution or sale of previously approved textbooks.
The association is also seeking judicial clarification on the legality of the fees attached to the ranking exercise and the process through which the new regulatory framework was introduced.
The legal action follows months of disagreement between the publishers and the education authorities over the proposed ranking policy.
The NPA had earlier called for greater consultation and transparency in the implementation of the policy, warning of possible consequences for publishers, parents, learners and access to educational materials.
NERDC subsequently reduced its textbook assessment fee from N2,000 to N1,500 per page and the ranking fee from N1 million to N750,000 per title, while also announcing refunds for publishers who had already paid the higher assessment fee.
Despite approaching the court, the NPA said its decision should not be interpreted as a rejection of dialogue with the Federal Government.
The association maintained that it remains committed to meaningful engagement with government and other stakeholders towards developing a textbook approval and selection system that is lawful, transparent and beneficial to learners, teachers, publishers and the wider education sector.
The suit is expected to provide judicial interpretation of the extent of NERDC’s statutory powers and determine whether additional ranking requirements and associated fees can legally be imposed on textbooks that have already received official approval.
The outcome of the case could have significant implications for Nigeria’s publishing industry and the availability, selection and procurement of textbooks in primary and secondary schools nationwide.
