UBA Act 2004 Upheld: Lagos High Court Orders Free, Compulsory Education Across Nigeria

UBA Act 2004 Upheld: Lagos High Court Orders Free, Compulsory Education Across Nigeria

The Federal High Court in Lagos has delivered a landmark judgment affirming that the Federal Government of Nigeria, the 36 states, and the Federal Capital Territory (FCT) have a legal obligation to provide free, compulsory, and universal basic education for every child of primary and junior secondary school age.

The ruling, handed down on October 9, 2025, by Hon. Justice D.E. Osiagor, followed a lawsuit filed by Femi Falana SAN and Hauwa Mustapha, on behalf of themselves and the Alliance on Surviving COVID-19 and Beyond (ASCAB).

Justice Osiagor held that the Universal Basic Education (UBE) Act, 2004, and its provisions, particularly Sections 2(1) and 11(2), are justiciable and binding on the Federal Government, states, and the FCT. The judgment emphasized that while the Federal matching grants remain discretionary, all states are mandated to provide basic education to Nigerian children.

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The court clarified that the obligation to contribute 50% counterpart funding to access the N68 billion UBE Fund is conditional, stating that failure to access federal grants does not amount to illegality, provided the state continues to provide free and compulsory education independently.

Justice Osiagor further ruled that the applicants had sufficient locus standi to bring the public interest suit, noting the importance of safeguarding children’s educational rights and ensuring compliance with national law. He described the refusal of some states to access federal education funds as unwise policy, but not illegal under the Act.

The ruling also affirmed that the right to basic education under the UBE Act is legally enforceable against the government, reinforcing that statutory duties imposed by Parliament are compulsory once enacted, even if not directly penalized for non-access of federal assistance.

The judgment is expected to have far-reaching implications for educational policy in Nigeria, potentially affecting millions of children, particularly in states that have historically underutilized federal education funding.

UBA Act 2004 Upheld: Lagos High Court Orders Free, Compulsory Education Across Nigeria