In a landmark judgment with significant implications for Nigeria’s education sector, the Federal High Court in Lagos has affirmed that the Federal Government, the 36 states, and the Federal Capital Territory are legally bound to provide free and compulsory basic education for all children of primary and junior secondary school age.
The ruling, delivered by Justice Daniel Osiagor, arose from a public-interest suit filed by senior human rights advocate Femi Falana, SAN, and education rights activist Hauwa Mustapha, acting on behalf of the civil group Alliance on Surviving COVID-19 and Beyond.
Justice Osiagor held that Section 11(2) of the Universal Basic Education Act (UBE Act) imposes a clear statutory obligation on all tiers of government to ensure universal access to basic education. The court emphasized that this duty is binding, not symbolic.
While the law requires states to pay 50% counterpart funding before accessing federal grants from the Universal Basic Education Fund, the court clarified that failure to draw down the funds does not automatically amount to illegality—because the Act does not criminalize such inaction.
However, the judge stressed that declining to access federal grants does not exempt any state from its foundational duty to educate children within its territory.
In a notable expansion of access to justice, the court adopted a liberal approach to locus standi. It ruled that citizens and civil groups can litigate in defence of social rights even without personal injury, especially when the case concerns children’s rights, national development, and statutory obligations.
According to the judgment, denying public-interest groups access to the court would “strip millions of children of representation in issues affecting their future.”
One of the most transformative aspects of the decision is the court’s declaration that the right to free, compulsory basic education—though originating from Chapter II of the Constitution—is now fully justiciable because Parliament has legislated on it through the UBE Act.
Once the legislature converts a directive principle into a statutory duty, the court held, the right becomes enforceable against government agencies.
Justice Osiagor drew inspiration from comparative jurisprudence, including Indian court decisions that expanded social rights through enforceable legislation.
Implications: Governments Can No Longer Hide Behind “Non-Justiciability”
The judgment effectively closes the long-standing loophole where government agencies argued that economic and social rights in Chapter II are not enforceable. By elevating the UBE Act as the legal foundation, Nigerian courts may now entertain litigation demanding:
Free and accessible public primary and junior secondary education
Adequate funding for basic education
Compliance with statutory standards for school infrastructure and staffing
Accountability for failure to provide educational services
Although evidence was presented that many states refused to pay counterpart funding, leaving over N68 billion of federal education grants unused, the court ruled that such failure—however irresponsible—is not criminal.
Still, the judgment hints that political and civic pressure may now increase, since states can no longer claim discretion in whether to provide free basic education.
