ABUJA, Nigeria (VOICE OF NAIJA)-Justice Daniel Osiagor of the Federal High Court in Lagos has declared that the Federal Government, the 36 states, and the Federal Capital Territory are legally bound to ensure free, compulsory, and universal basic education for every Nigerian child at the primary and junior secondary levels.
The judgment, delivered on October 9, 2025, followed a suit instituted by human rights lawyer Femi Falana (SAN) and Hauwa Mustapha, who filed the action on their own behalf and on behalf of the Alliance on Surviving COVID-19 and Beyond.
The Federal Government, the states, and the FCT were named as respondents.
According to the certified true copy of the judgment Justice Osiagor ruled that Section 11(2) of the Universal Basic Education Act imposes a statutory and enforceable obligation on the respondents to provide free and compulsory 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 further clarified that a state’s inability to access the federal block grant “does not per se amount to illegality,” noting that Section 11(2) is directory and conditional rather than mandatory.
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The court also considered whether the applicants had the legal standing to initiate the suit. Justice Osiagor adopted a broad interpretation, concluding that public interest cases concerning fundamental social rights do not require strict demonstration of personal harm.
He noted, “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.”
On the question of whether the right to free, compulsory, and universal basic education is enforceable, the court dismissed the respondents’ contention that the right falls under the non-justiciable provisions of Chapter II of the Constitution.
Justice Osiagor held that the enactment of the UBE Act transformed the right into a statutory obligation enforceable against the government.
He explained, “Once parliament has enacted a law imposing obligations, those obligations become enforceable,” referencing Indian judicial authorities and principles guiding Nigeria’s constitutional development.
The court ultimately held that Sections 2(1) and 11(2) of the UBE Act impose binding duties on the Federal Government, the states, and the FCT to provide free and compulsory basic education for all Nigerian children.
However, on whether the failure of states to contribute the 50 per cent counterpart funds and access the N68bn Universal Basic Education Fund constitutes illegality, the judge concluded that the law does not criminalise such refusal.
Justice Osiagor determined that while states must provide basic education, they cannot be forced to access the matching grants.
He ruled in favour of the applicants on the first two issues but held on the third that the failure to draw from the fund is not unlawful.