Court Orders FG, States To Provide Free Education

The Federal High Court in Lagos has declared 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 children of primary and junior secondary school age.

Justice Daniel Osiagor delivered the judgement on 9 October 2025 in a case brought by human rights lawyer Femi Falana (SAN) and Hauwa Mustapha, acting on their own behalf and representing the Alliance on Surviving COVID-19 and Beyond. The Federal Government, the states, and the FCT were named as respondents.

In the certified true copy of the judgement, the court ruled that Section 11(2) of the Universal Basic Education Act imposes a binding duty on all respondents to ensure free basic education within their jurisdictions.

“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,” Justice Osiagor stated.

He further noted that states’ failure to access the federal block grant “does not per se amount to illegality,” explaining that the provision is directory and conditional rather than mandatory.

The court also recognized the applicants’ locus standi, adopting a liberal stance toward public interest litigation. Justice Osiagor held that cases concerning fundamental social rights do not require proof of personal injury.

“The applicants demonstrated a genuine concern for the enforcement of children’s educational rights, supported by evidence of unaccessed federal grants… Accordingly, I hold that the applicants have sufficient interest and thus possess locus standi,” he said.

Regarding whether the right to basic education is enforceable, the court dismissed the respondents’ claim that the right remains non-justiciable under Chapter II of the Constitution.

Justice Osiagor stated that the enactment of the UBE Act converted the right into an enforceable statutory entitlement. “Once parliament has enacted a law imposing obligations, those obligations become enforceable,” he said, citing Indian jurisprudence and Nigeria’s constitutional development.

The court concluded that Sections 2(1) and 11(2) of the UBE Act place binding responsibilities on the Federal Government, the states, and the FCT to guarantee free and compulsory basic education.

However, Justice Osiagor clarified that the law does not criminalize a state’s refusal or failure to provide the required 50 per cent counterpart funding or to access the N68bn Universal Basic Education Fund.

While he ruled in favor of the applicants on the first two issues, he decided on the third issue that failing to draw from the fund is not illegal.