Federal High court Lagos Federal High Court rules that the Federal Government, states, and the FCT are legally bound to provide free and compulsory primary and junior secondary education
The Federal High Court in Lagos has delivered a landmark judgment affirming that every Nigerian child of primary and junior secondary school age is legally entitled to free, compulsory, and universal basic education. Justice Daniel Osiagor issued the ruling on October 9, 2025, declaring that the Federal Government, the 36 states, and the Federal Capital Territory all bear statutory responsibility for guaranteeing this right.
The case was instituted by human rights lawyer Femi Falana (SAN) and Hauwa Mustapha, acting both personally and on behalf of the Alliance on Surviving COVID-19 and Beyond. They sought judicial interpretation of the obligations created under the Universal Basic Education Act and challenged the persistent failure of various governments to fulfil these duties.
In the certified judgment, Justice Osiagor held that Section 11(2) of the UBE Act imposes a clear legal duty on all respondents to provide free and compulsory basic education within their jurisdictions. He explained that any state choosing to participate in the UBE scheme must contribute the required 50 per cent counterpart funding before accessing allocations from the Universal Basic Education Fund. While failure to access the federal block grant may reflect poor governance or neglect, the court ruled that such refusal is not expressly criminalised under the Act, describing the provision as conditional and directory rather than mandatory.
A significant part of the judgment addressed whether the applicants had the legal standing to sue. The respondents had argued that Falana and Mustapha suffered no personal injury and therefore lacked locus standi. Justice Osiagor rejected that position, adopting a liberal view of public interest litigation. He emphasised that issues affecting fundamental social rights, especially those with nationwide implications, should not be barred by rigid standing requirements. The applicants, he said, demonstrated genuine concern for children’s educational welfare and supported their case with evidence of substantial unaccessed federal grants.
The court also clarified a long-standing constitutional debate regarding the enforceability of the right to basic education. While the government argued that the right fell under the non-justiciable provisions of Chapter II of the Constitution, the court held that the UBE Act had transformed this right into an enforceable statutory obligation. According to Justice Osiagor, once Parliament enacts legislation imposing specific duties, those duties become legally binding and can be compelled by the courts. He referenced comparative jurisprudence and constitutional drafting principles to support this interpretation.
In its final orders, the court affirmed that Sections 2(1) and 11(2) of the UBE Act firmly establish the responsibility of the Federal Government, the states, and the FCT to ensure free and compulsory basic education for all eligible Nigerian children. However, it simultaneously held that while states are obligated to provide basic education, they cannot be legally forced to access the N68bn in matching grants unless they fulfil the statutory conditions.
Justice Osiagor ruled in favour of the applicants on their key claims concerning the enforceability of the right to free basic education and their standing to bring the suit. The court, however, declined to declare the non-access of the UBE fund as unlawful.
The judgment is expected to intensify public scrutiny of educational funding and may prompt renewed pressure on governments at all levels to prioritise basic education as a fundamental and enforceable right.
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