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First with the News

Nigerian Senate Passes Law Prohibiting Discrimination Against HND Holders

June 2, 2021
in Legal, Top Stories
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By John Ikani 

The Senate has passed into law a bill abolishing discrimination against Higher National Diploma (HND) holders for the purposes of employment and promotion.

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The decision followed the consideration and adoption of a report on the Bill presented by the Senate Committee on Tertiary Institutions and TETFund, at plenary.

Prohibition of Discrimination between First Degrees and Higher National Diplomas Bill, 2021 (SB.297) is read the Third Time and PASSED!#TodayInSenatePlenary

— The Nigerian Senate (@NGRSenate) June 2, 2021

Congratulating lawmakers for passing the bill into law, Senate President, Ahmed Lawan pointed out that the new legislation should be a motivation for our polytechnic graduates.

“Congratulations to the Senate. This particular issue has been in the front burner for a long time. I recall that in the @HouseNGR between 2003 and 2007, this was one Bill that was so important and it is a way of encouraging our Polytechnic graduates." – @DrAhmadLawan

— The Nigerian Senate (@NGRSenate) June 2, 2021

What this means

Until the passage of the bill, Higher National Diploma holders are aware that the salary scale for the BSC and HND is nowhere near each other. Positions and promotions are suffering the same fate.

This issue is not only experienced in the private sector, where it could be forgiven, but also at the Federal, State, and Local government establishments.

For instance, in its recruitment, the Nigeria Customs Service (NSC) treats HND and degree holders separately. While polytechnic graduates are enlisted into the service on Grade Level GL 7, their university counterparts are taken on an entry point of GL 8. And while insiders say HND holders hardly go beyond level 14 in the Customs, degree holders can rise to level 17 and even become Comptroller-General of the Nigeria Customs Service.

Thus, with the passage of bill into law, HND and BSC holders will be accorded same level of opportunities.

Previous attempts made to end the HND/Bsc dichotomy

In 2006, former President Olusegun Obasanjo administration in a move to end to the regime of discrimination approved a new policy reversing the existing one which restricts holders of the Higher National Diploma (HND) from rising above salary grade level 14 in the public service, unlike their University graduate counterparts.

The President subsequently directed his then Chief of Staff, Mohammed Abdullahi, and former Head of Service, Yayale Ahmed, to immediately prepare a position paper reflecting the new position so that the government can forthwith commence its implementation.

But in what may be considered a ridiculous development four years later, the Minister of Education between 2010 and 2013 under President Goodluck Jonathan’s administration, Professor Ruqayyatu Ahmed Rufai revealed that no formal document has been presented by Federal Government to bring the Higher National Diploma and degree qualifications at par, despite public outcry against the existing dichotomy between the two holders for several years.

According to Rufai, the refusal to submit a final document to the federal government to enable the executive arm of government bring the Higher National Diploma at par with the Bachelors degree was a decision taken by the National Council on Establishments (NCE).

Summarily, the attempts made during the President Olusegun Obasanjo administration to bring the HND at par with the degree, by the National Council of Establishment, did not succeed because they discovered that the problem was with curriculum of polytechnic and that of the university, which could not be tampered with.

National Assembly Intervention

The Senate in its bid to intervene had in October 2014 considered a Bill for an Act to abolish and prohibit dichotomy and discrimination between first degrees and the Higher National Diploma in the same profession in Nigeria.

Sponsored by Senator Ayo Akinyelure, representing Ondo Central Senatorial District, the bill sought to end wage disparity and discrimination against HND holders in both public and private establishments in the country.

What he said

Akinyelure said: “The aftermath of continuing injustices, disparity and discrimination meted on products of polytechnics in Nigeria is threatening to derail the nation’s core policy thrust of evolving a technological and scientifically based self-reliant society in the nearest future.

“As I speak, thousands of would-be polytechnic and technology students are contemplating or have decided to opt for university education, because of perceived and real discrimination against HND graduates.

“Over the years, several entreaties have been put forth to the Federal Civil Service authorities to put a stop to certain glaring wage disparities and discrimination against the HND holders, and all these have been to no avail.”
He condemned the actions of certain federal parastatal whom he accused of discriminating against HND holders, and as well hindering their elevation within the ranks.

“To all intents and purposes, a government employment policy that places degree holders ahead of HND holders without recourse to skill and ability of the HND holder thereof, does more harm than good to the nation’s development.”

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