Impact of Student Loan Act and matters arising

By Wahab Shittu

Abstract
The Students Loans (Access to Higher Education) Act, 2023, passed into law by President Ahmed Bola Tinubu of the Federal Republic of Nigeria, aims to provide easy access to higher education for indigent Nigerians through interest-free loans from the Nigerian Education Loan Fund. While the Act seeks to address the issue of financial barriers to education and promote equal access, a critical analysis reveals both strengths and weaknesses in its provisions.

Introduction
One of the positive aspects of the Act is its emphasis on equal right to access the loans1. It explicitly states that all students seeking higher education in public institutions of higher learning in Nigeria shall have equal access to the loans without discrimination based on gender, religion, tribe, position, or disability. This provision promotes inclusivity and ensures that deserving students, regardless of their background, have an opportunity to pursue higher education.
The establishment of the Nigerian Education Loan Fund is another commendable step. The Fund is intended to be managed and administered by the Central Bank of Nigeria, with a Special Committee overseeing its functions. The Committee is tasked with receiving loan applications, screening applicants, approving and disbursing loans, monitoring academic records, and coordinating repayment. This centralized approach can help streamline the loan process and ensure effective management of funds.
However, there are several areas in which the Act could be strengthened. Firstly, the Act focuses solely on the payment of tuition fees, neglecting other important expenses associated with higher education, such as accommodation, textbooks, and living costs. By limiting the use of loans to tuition fees only, the Act may not adequately address the financial burden faced by students, potentially hindering their ability to fully engage in their studies.
1 S. 2 Students Loans (Access to higher Education) Act, 2023

Furthermore, the Act’s eligibility criteria and disqualification provisions raise concerns. While it is essential to ensure that loans are granted to deserving students, the Act’s requirement of guarantors from specific professions, such as civil servants or lawyers, may create barriers for some applicants. The disqualification criteria, including previous loan defaults, exam malpractice, and criminal convictions, are reasonable but should be accompanied by clear guidelines and a fair appeals process to avoid potential bias or discrimination
Another critical aspect that warrants attention is the repayment mechanism outlined in the Act. While the Act mandates repayment through salary deductions or monthly remittances for self- employed individuals, it does not provide flexibility for borrowers who may face financial hardships. A more comprehensive approach could include provisions for loan deferment, income-based repayment plans, and mechanisms to address unforeseen circumstances that may affect a borrower’s ability to repay the loan.
Additionally, the Act lacks a comprehensive strategy for the sustainability and growth of the Nigerian Education Loan Fund. While it identifies various sources of funding, such as education bonds, endowment funds, and tax revenues, it does not provide a long-term roadmap for expanding the Fund’s resources or attracting additional investments. Without a clear plan for financial sustainability, the Fund’s ability to support future generations of students may be limited.
2 S. 14 & 15 of the Act

Benefits:

1. Increased Access to Higher Education: The Act aims to provide equal access to higher education for students from all backgrounds by offering interest-free loans. This can remove financial barriers and enable talented individuals to pursue higher education.
2. Reduced Dropout Rates: The provision of interest-free loans can alleviate financial burdens, leading to a decrease in student dropout rates. This can contribute to higher retention and completion rates within the education system.
3. Improved Quality of Education: The Act’s emphasis on equal access to higher education can incentivize educational institutions to enhance their academic programs, infrastructure, and teaching quality. This can lead to an overall improvement in the standards of education in Nigeria.
4. Aligned Workforce Development: Increased access to higher education can result in a more skilled and qualified workforce that meets the evolving needs of the Nigerian economy. This can contribute to a better alignment between educational institutions and the requirements of the job market.
5. Financial Sustainability of Institutions: The Act’s provision of interest-free loans can reduce the financial burden on educational institutions, as fewer students will face difficulties in paying their tuition fees. Institutions can focus on providing quality education and investing in infrastructure and resources.
6. Long-Term Economic Benefits: By developing a highly educated and skilled workforce, the Act can drive innovation, entrepreneurship, and economic productivity in various sectors. This can have positive long-term effects on the overall economy of Nigeria.
   Challenges:
7. Effective Implementation: Ensuring the Act’s successful implementation requires clear guidelines, eligibility criteria, and disbursement procedures. Coordination among government bodies, financial institutions, and educational institutions is crucial for smooth execution.
8. Funding and Sustainability: One of the significant challenges is ensuring sustainable funding for the Nigerian Education Loan Fund. The Act identifies various potential sources of funding, but a clear long-term plan is necessary to ensure the Fund’s growth and ability to support future generations of students. Without adequate funding, the availability and scale of loans may be limited, hindering the Act’s intended impact.
9. Eligibility and Disqualification Criteria: While it is crucial to ensure loans are granted to deserving students, the Act’s eligibility criteria and disqualification provisions may create challenges. The requirement of guarantors from specific professions could limit access for some applicants, particularly those without connections or from underrepresented backgrounds. Additionally, the disqualification criteria should be applied fairly and transparently to avoid potential bias or discrimination.
10. Repayment Challenges: Ensuring timely repayment of loans could be a challenge, especially for graduates who may face difficulty securing employment or experience financial hardships. The Act should consider incorporating flexible repayment options, such as income-based repayment plans or loan deferment during periods of unemployment or financial difficulties, to prevent default and support borrowers in managing their loan obligations.
11. Limited Coverage of Expenses: The Act focuses primarily on tuition fees, overlooking other essential expenses associated with higher education, such as accommodation, textbooks, and living costs. This limited coverage may still pose financial barriers for students, potentially impacting their ability to fully engage in their studies. Expanding the loan coverage to include these additional expenses would make the Act more comprehensive and address the broader financial challenges students face.
12. Administrative Efficiency: The effective implementation and administration of the Act’s provisions, such as loan application screening, disbursement, and monitoring, may present administrative challenges. Adequate staffing, infrastructure, and technological systems must be in place to ensure the efficient management of loan funds and minimize delays or errors in the process.
    Effect of the Act on the Educational System
    It is important to note that the successful implementation of the Act relies on effective coordination among various stakeholders, including government bodies, educational institutions, financial institutions, and regulatory authorities. Continuous monitoring and evaluation will be essential to assess the impact of the Act on the education system and make necessary adjustments to ensure its effectiveness and sustainability.

The Students Loans (Access to Higher Education) Act, 2023, can have several effects on the education system in Nigeria. Here are some ways it may impact the system:

1. Increased Access to Higher Education: One of the primary aims of the Act is to provide equal access to higher education, including legal education, for students from all backgrounds. By offering interest-free loans to eligible students, the Act can help remove financial barriers that may prevent talented individuals from pursuing higher education. This increased access can contribute to a more inclusive and equitable education system in Nigeria.
2. Reduced Dropout Rates: Financial constraints are one of the significant reasons students drop out of school or are unable to complete their education. The provision of interest-free loans can alleviate these financial burdens and reduce the likelihood of students abandoning their studies due to financial difficulties. This, in turn, can help improve the overall retention and completion rates within the education system.
3. Improved Quality of Education: As more students have access to higher education, there is a potential for an increased demand for quality educational institutions. This can incentivize universities and colleges to enhance their academic programs, infrastructure, and teaching quality to attract and retain students. The Act may indirectly contribute to the improvement of educational standards and encourage educational institutions to compete and excel in providing quality education.
4. Aligned Workforce Development: The Act’s support for higher education can lead to a better alignment between the skills and knowledge imparted in educational institutions and the requirements of the job market. By enabling more students to pursue higher education, including professional and vocational training, the Act can contribute to a more skilled and qualified workforce that meets the evolving needs of the Nigerian economy.
5. Financial Sustainability of Institutions: The Act’s provision of interest-free loans introduces a financial mechanism to support students’ education expenses. This can help reduce the financial burden on educational institutions, as they may witness a decrease in the number of students unable to pay their tuition fees or meet other educational costs. Institutions can focus on providing quality education and investing in infrastructure and resources rather than solely relying on student fees.
6. Need for Effective Implementation: For the Act to achieve its intended impact, effective implementation and monitoring mechanisms are crucial. It is essential to establish clear guidelines, eligibility criteria, and disbursement procedures to ensure that loans reach deserving students and that the funds are used appropriately. Close coordination between government agencies, financial institutions, and educational institutions is necessary to ensure smooth implementation.
7. Long-Term Economic Benefits: A well-educated workforce is vital for economic growth and development. By increasing access to higher education, the Act can contribute to the development of a highly skilled workforce that can drive innovation, entrepreneurship, and economic productivity in various sectors. This, in turn, can have positive long-term effects on the overall economy of Nigeria.

Effect of the Act on the legal profession
The Students Loans (Access to Higher Education) Act, 2023, can impact the legal profession by promoting diversity, addressing financial barriers, influencing career choices, and introducing loan repayment obligations. Careful attention should be given to the implementation and monitoring of the Act’s provisions to ensure that it contributes positively to the legal profession and the broader legal system in Nigeria. The few potential effects are:

1. Increased Diversity in the Legal Profession: The Act aims to provide equal access to higher education, including legal education, for students from all backgrounds. By offering interest-free loans to indigent students, it can help individuals from underrepresented communities pursue legal studies, promoting diversity within the legal profession. This increased diversity can bring new perspectives, experiences, and insights to the field of law.
2. Addressing Financial Barriers: The Act’s provision of interest-free loans can help alleviate the financial burden associated with legal education. Law school tuition fees can be substantial, and many aspiring lawyers face financial constraints that may discourage them from pursuing a legal career. By providing loans, the Act can make legal education more affordable and enable a broader range of students to enter the legal profession.
3. Access to Professional Training: In addition to tuition fees, aspiring lawyers often encounter financial challenges when it comes to professional training, such as bar examinations and vocational training programs. The Act’s support for loans can extend to these additional expenses, making it easier for law graduates to complete their professional training and become qualified legal professionals.
4. Impact on Career Choices: The availability of interest-free loans may influence the career choices of law graduates. With reduced financial burdens, individuals may have more flexibility in choosing their preferred legal career path, whether it be in public interest law, government, corporate law, or other areas. This could potentially lead to a more diverse range of legal professionals and career trajectories within the legal field.
5. Loan Repayment Obligations: Upon completing their legal education and entering the workforce, law graduates who have benefited from the Act’s loans will be obligated to repay the loans. Depending on the terms and conditions outlined in the Act, this repayment obligation may impact the financial planning and choices of legal professionals early in their careers. It is essential for the Act to incorporate flexible repayment options that consider the financial realities and challenges faced by individuals in the legal profession.
6. Legal Education Standards: As the Act seeks to expand access to legal education, it is important to ensure that the quality of legal education and the standards of law schools are maintained. The Act should work in conjunction with regulatory bodies and institutions responsible for overseeing legal education to uphold the necessary standards and ensure that the increased access does not compromise the quality of legal training and the competence of future legal professionals.

Conclusion
The Students Loans (Access to Higher Education) Act, 2023, represents a significant step towards addressing the financial barriers to higher education in Nigeria. Its focus on equal access and the establishment of the Nigerian Education Loan Fund demonstrates a commitment to expanding educational opportunities. In conclusion, the Students Loans (Access to Higher Education) Act, 2023, has the potential to bring about significant positive changes in the education system in Nigeria. It can increase access to higher education, reduce dropout rates, improve educational standards, align workforce development, enhance the financial sustainability of institutions, and contribute to long-term economic growth. However, effective implementation and continuous monitoring will be essential to ensure the Act’s success.
Critical analysis reveals areas for improvement, including a more comprehensive loan coverage, inclusive eligibility criteria, flexible repayment options, and a long-term sustainability plan for the Fund. By addressing these shortcomings, the Act has the potential to better serve the needs of Nigerian students and contribute to the development of a more inclusive and accessible higher education system.

Shittu is a Senior Advocate of Nigeria (SAN).