The Federal High Court in Lagos has ruled that the Federal Government, the 36 states and the Federal Capital Territory are legally obligated to provide free, compulsory and universal basic education for all Nigerian children of primary and junior secondary school age. Justice D.E. Osiagor delivered the judgment 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 plaintiffs had asked the court to determine whether government at all levels is required to fund and ensure access to free basic education, and whether the failure of states to pay 50% counterpart funding or access the N68 billion available under the Universal Basic Education Fund constitutes a violation of the UBE Act.

In his judgment, Justice Osiagor held that while Section 11(2) of the UBE Act imposes a binding duty on every tier of government to provide free basic education, a state’s decision to access the federal matching grants remains discretionary. He affirmed that any state choosing to draw from the fund must contribute the required 50% counterpart funding.

Citing the Constitution, the UBE Act and relevant judicial authorities, the court affirmed that the applicants had the locus standi to file the suit, noting that the case raised constitutional questions affecting millions of children. Justice Osiagor emphasized that public-interest litigation must be encouraged where it advances social, economic and cultural rights.

The court further held that Sections 2(1) and 11(2) of the UBE Act are enforceable and binding on all respondents, making the right to free, compulsory basic education justiciable.

However, the judge ruled that although refusing to access available federal education funds is unwise and detrimental to children’s welfare, it does not constitute illegality unless the state completely fails to provide basic education, thereby violating Section 2(1) of the UBE Act and corresponding Child Rights laws.

The judgment, captured in a Certified True Copy dated November 14 and sighted on November 27, underscores the responsibility of all tiers of government to guarantee basic education while clarifying that federal assistance is optional but subject to strict compliance for states that opt in.