Court: FG, States Must Provide Free and Compulsory Basic Education
Justice Daniel Osiagor of the Federal High Court in Lagos has ruled that the Federal Government, the 36 states, and the Federal Capital Territory have a clear legal duty 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, followed a suit filed by human rights lawyer Femi Falana (SAN) and Hauwa Mustapha, both acting on behalf of themselves and the Alliance on Surviving COVID-19 and Beyond. The Federal Government, all state governments, and the FCT were named as respondents.
According to the certified true copy of the judgment obtained by The PUNCH, Justice Osiagor held that Section 11(2) of the Universal Basic Education Act imposes a binding statutory obligation on all respondents to provide free and compulsory basic education within their jurisdictions.
Read also:
“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 said.
He clarified, however, that although the law requires states to provide counterpart funding before accessing federal grants, a state’s failure to draw from the fund “does not per se amount to illegality.” He described Section 11(2) as conditional and directory rather than strictly mandatory.
Court Upholds Right of Applicants to Sue
Justice Osiagor also addressed whether the applicants had the legal standing to bring the case. Adopting a liberal view of public interest litigation, he ruled that issues involving fundamental social rights — such as children’s access to education — do not require strict proof of personal harm.
“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,” he said.
Right to Basic Education Is Enforceable
The respondents had argued that the right to free basic education is non-justiciable because it appears under Chapter II of the Constitution. But the court rejected this position.
Justice Osiagor held that the enactment of the Universal Basic Education Act transformed what was once a mere directive principle into a legally enforceable right.
“Once parliament has enacted a law imposing obligations, those obligations become enforceable,” he stated, drawing on Indian case law and Nigeria’s constitutional history.
The court concluded that Sections 2(1) and 11(2) of the UBE Act place binding duties on the Federal Government, the states, and the FCT to ensure free and compulsory basic education for Nigerian children.
But States Cannot Be Forced to Access UBE Grants
On the question of whether states act illegally when they refuse to provide counterpart funding and access the N68bn Universal Basic Education Fund, the court held that the law does not criminalise such refusal.
Justice Osiagor ruled that while states must provide free basic education, they cannot be compelled to access federal matching grants.
He resolved the first and second issues in favour of the applicants but ruled on the third issue that failure to draw from the fund is not unlawful.
