The Federal High Court in Lagos has issued a landmark ruling compelling the Federal Government, all 36 states and the Federal Capital Territory to provide free, compulsory and universal basic education for every Nigerian child of primary and junior secondary school age.
The judgment, delivered on October 9, 2025 by Justice D.E. Osiagor and recently made public, followed a suit filed by human rights lawyer Femi Falana (SAN) and Hauwa Mustapha on behalf of themselves and the Alliance on Surviving COVID-19 and Beyond (ASCAB). All tiers of government were listed as respondents.
In a sweeping affirmation of children’s educational rights, the Court held that the Universal Basic Education (UBE) Act imposes a binding duty on government at all levels to ensure access to free basic education. Justice Osiagor ruled that although the matching-grant mechanism under Section 11(2) of the UBE Act is optional for states, the obligation to provide free compulsory basic education is non-negotiable.
The Court also upheld the applicants’ standing to sue, noting that the case raised significant constitutional questions affecting millions of Nigerian children. It emphasized that Nigerian courts must adopt a liberal stance toward public-interest litigation, especially where socio-economic rights are at stake.
Addressing the enforceability of the right to free education, Justice Osiagor clarified that although Chapter II of the Constitution is ordinarily non-justiciable, the passage of the UBE Act transformed basic education into a legally enforceable right. Once the National Assembly enacted legislation to give effect to the constitutional directive, he said, compliance became obligatory.
On the issue of unaccessed N68 billion UBE funds, the Court rejected arguments that states’ failure to provide the required 50% counterpart funding was illegal. It held that the requirement is conditional—mandatory only if a state chooses to access the federal grant. The Court stressed, however, that while declining the grant is not unlawful, states remain legally bound to independently fund and provide free basic education.
Justice Osiagor criticized the refusal of several states to access available funds, describing it as detrimental to public interest, but reaffirmed that illegality arises only where a state fails entirely to deliver free, compulsory basic education as mandated under the UBE Act and child rights laws.
The ruling marks one of the most significant judicial interventions in Nigeria’s basic education sector, reinforcing government accountability and setting a new legal benchmark for protecting children’s rights nationwide.