Court Declares LGs Autonomous, Orders Direct Access to UBEC Funds

Court Declares LGs Autonomous, Orders Direct Access to UBEC Funds

A Federal High Court in Abuja has ruled that local governments (LGs) are entitled to direct access to funds from the Universal Basic Education Commission (UBEC) without interference from State Universal Basic Education Boards (SUBEBs).

Delivering judgment on October 13, Justice Emeka Nwite declared that Sections 11(2) and 11(3) of the Universal Basic Education (UBE) Act, 2004 are inconsistent with the 1999 Constitution and are therefore “null, void and of no effect.”

The suit, marked FHC/ABJ/CS/1536/2020, was filed by Sesugh Akume against UBEC and the Attorney-General of the Federation (AGF).

In his ruling, Justice Nwite affirmed that the local government system is the third and autonomous tier of government recognised by the Constitution and not an appendage of state governments.

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“The local government system is the third and autonomous tier of government designated by the Constitution and administered by laws enacted by the House of Assembly, in accordance with the Constitution,” the judge held.

The court further ruled that the National Assembly lacks the power to enact laws placing Local Government Education Authorities (LGEAs) under the supervision or control of state governments.

Justice Nwite noted that although states may legislate on local government administration, such laws must strictly conform with constitutional provisions.

He held that provisions of the UBE Act requiring local governments to access counterpart funding through state governments violate Sections 7(1) and (5), Section 318, and Item 2(a) of the Fourth Schedule to the Constitution.

“The combined effect of Sections 11(2) and (3) of the UBE Act, 2004, is inconsistent with the true construction and meaning of Section 7(1) and (5) and the Fourth Schedule Item 2(a) of the Constitution,” the judge ruled.

The court consequently declared that local governments, acting through their LGEAs, are entitled to pay their counterpart funds and access UBEC funds directly, without going through SUBEBs.

Justice Nwite also directed UBEC to formally communicate the judgment to all 36 SUBEBs and the 774 LGEAs nationwide within the stipulated period.

Court Declares LGs Autonomous, Orders Direct Access to UBEC Funds