The Federal High Court in Lagos has affirmed 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.
The judgment, delivered on October 9, 2025, by Justice Daniel Osiagor, followed a suit instituted by human rights lawyer Femi Falana (SAN) and Hauwa Mustapha, who filed the action on behalf of themselves and the Alliance on Surviving COVID-19 and Beyond.
The respondents in the matter were the Federal Government, the states, and the FCT, all of whom were asked to account for their roles in implementing the Universal Basic Education Act.
In the certified true copy of the judgment obtained by The PUNCH, Justice Osiagor held that Section 11(2) of the UBE Act places a “binding statutory duty” on all tiers of government to ensure free and compulsory basic education within their jurisdictions.
According to him, “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.”
The judge further clarified that a state’s failure to access the federal block grant “does not per se amount to illegality,” noting that the provision is directory and conditional, not mandatory.
A key issue before the court was whether the applicants had the legal standing to institute the suit.
Justice Osiagor held that public interest matters touching on fundamental social rights should not be restricted by rigid rules of locus standi.
He ruled: “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.”
The court also dismissed arguments that the right to free basic education was non-justiciable because it emanated from Chapter II of the Constitution.
Justice Osiagor ruled that the passage of the UBE Act transformed the right from a mere policy objective to an enforceable obligation.
He stated that “Once parliament has enacted a law imposing obligations, those obligations become enforceable,” relying on comparative jurisprudence and the intent behind Nigeria’s constitutional framework.
Justice Osiagor concluded that Sections 2(1) and 11(2) of the UBE Act impose binding responsibilities on the Federal Government, states, and the FCT to provide free, compulsory basic education.
However, he clarified that although states must deliver basic education, the law does not criminalise their refusal to pay the required 50 per cent counterpart fund or access the N68 billion UBE grant.
In the final analysis, the court upheld the applicants’ arguments on the enforceability of free basic education but ruled that states cannot be compelled to draw from the matching grant.