FG, States Must Provide Free Basic Education – Court

The Federal High Court in Lagos has declared that the Federal Government, the 36 states, and the Federal Capital Territory are legally bound to provide free and compulsory basic education for all Nigerian children of primary and junior secondary school age.

Justice Daniel Osiagor gave the ruling on October 9, 2025, in a suit filed by human rights lawyer Femi Falana (SAN) and Hauwa Mustapha on behalf of the Alliance on Surviving COVID-19 and Beyond.

The Federal Government, the states, and the FCT were listed as respondents in the action challenging the failure to fully implement the Universal Basic Education Act.

In the certified judgment obtained by The PUNCH, Justice Osiagor held that Section 11(2) of the UBE Act places a statutory obligation on all respondents to guarantee free basic education within their jurisdictions. 

The judge stated, “Any state that elects to participate must comply strictly with Section 11(2) by contributing 50 per cent counterpart funds before drawing from the Universal Basic Education Fund.”

He clarified, however, that failure to access the federal grant “does not per se amount to illegality,” stressing that the provision was conditional rather than mandatory.

The court also affirmed that the applicants had the legal standing to institute the suit. 

Justice Osiagor said, “The applicants demonstrated a genuine concern for the enforcement of children’s educational rights, supported by evidence of unaccessed federal grants.

“The suit raises constitutional and statutory questions affecting millions of Nigerian children. Accordingly, I hold that the applicants have sufficient interest and thus possess locus standi.”

Addressing the respondents’ claim that the right to basic education was non-justiciable, the court ruled that the passage of the UBE Act elevated the right to one enforceable against the government. 

Justice Osiagor noted, “Once parliament has enacted a law imposing obligations, those obligations become enforceable,” citing relevant jurisprudence.

The court held that Sections 2(1) and 11(2) of the Act impose binding duties on the FG, states, and FCT to ensure free and compulsory basic education nationwide.

However, the judge ruled that states cannot be compelled to pay their 50 per cent counterpart funding or access the N68bn UBE fund, as the law does not criminalise non-participation.