Education is important to the citizens of a country for their personal development and advancement through the journey of life as well as the nation because it helps in national development and in generating a knowledge based economy. Furthermore it propels the engineering of educating of its youth.Knowledge and robust education are critical determinants for Nigeria’s socio-economic growth and standard of living. This study seeks to examine the justiability of education as a human right with regards to its citizens. It explores international documents, regional instruments before delving on municipal legislation in respect to the justification of education as a human right and to illustrate how the government has fared thus far in ensuring the realization of its importance. Furthermore, the study suggests a way in which there can be a balance between the conflict of the 1999 Constitution (as amended) and the right to education in Nigeria.