James ObasiFG, States Must Provide Free Basic Education, Court Rules
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 provide free, compulsory, and universal basic education to every Nigerian child at the primary and junior secondary levels.
The decision, delivered on October 9, 2025, followed a suit instituted by human rights lawyer, Femi Falana (SAN), and Hauwa Mustapha, filed in their personal capacity and on behalf of the Alliance on Surviving COVID-19 and Beyond.
The Federal Government, the states, and the FCT were listed as respondents.
According to the certified judgment, Justice Osiagor held that Section 11(2) of the Universal Basic Education Act places a statutory duty on the respondents to ensure access to free and compulsory basic education within their respective jurisdictions. He noted that any state opting into the scheme must contribute 50 per cent counterpart funding before accessing the Universal Basic Education Fund.
However, he clarified that failure to draw from the federal grant does not constitute an offence, describing Section 11(2) as directory and conditional rather than mandatory.
The court also considered whether the applicants had the legal standing to file the action. Justice Osiagor adopted a broad interpretation, ruling that public interest matters relating to fundamental social rights do not require strict proof of personal harm. He noted that the applicants raised genuine concerns over children’s educational rights and provided evidence of unused federal education funds. On this basis, he affirmed that they had sufficient interest and legal standing to sue.
On the enforceability of the right to free and compulsory basic education, the court dismissed the respondents’ position that such rights are non-justiciable under Chapter II of the Constitution. Justice Osiagor held that the Universal Basic Education Act transformed the right from a directive principle to an enforceable statutory entitlement.
He emphasized that once legislation imposes obligations, those obligations become actionable under the law, referencing comparative legal principles and Nigeria’s constitutional history.
In conclusion, the court held that Sections 2(1) and 11(2) of the UBE Act impose legally binding duties on the Federal Government, state governments, and the FCT to guarantee free basic education for Nigerian children. While it ruled that states cannot be forced to access the N68bn Universal Basic Education Fund or pay the required 50 per cent counterpart contribution, it affirmed that they remain obligated to provide basic education.
The first and second issues were decided in favour of the applicants, while the court held on the third issue that failure to access the fund does not amount to illegality.
