The Federal High Court in Lagos has ruled that the Federal Government, the country’s 36 states, and the Federal Capital Territory (FCT) are legally obligated to provide free, compulsory, and universal basic education to all Nigerian children of primary and junior secondary school age.
The judgment, delivered on October 9, 2025, by Hon. Justice D.E. Osiagor, followed a lawsuit filed by human rights lawyer Femi Falana SAN and Hauwa Mustapha on behalf of the Alliance on Surviving COVID-19 and Beyond (ASCAB).
The case challenged the failure of some states to fully implement the Universal Basic Education (UBE) Act, despite federal grants being available.
Justice Osiagor held that the right to free, compulsory education, enshrined in the UBE Act 2004, is enforceable and binding on all levels of government.
He also clarified that while the Act allows states to access federal matching grants, the decision to do so is discretionary.
A state’s refusal to draw on these funds is not illegal, provided it independently fulfills its obligation to provide basic education.
The court further affirmed the applicants’ right to bring the case, citing public interest and the need to protect the educational rights of millions of Nigerian children.
Justice Osiagor stressed that the statutory duty to provide education remains with the government, regardless of whether federal assistance is accessed.
The ruling underscores the legal mandate for all tiers of government to ensure that every Nigerian child receives free, compulsory, and universal basic education, highlighting the importance of accountability and compliance with existing laws.
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