The Federal High Court in Lagos has ruled that the Federal Government, Nigeria’s 36 states, and the Federal Capital Territory (FCT) are legally obligated to provide free, compulsory, and universal basic education for all children of primary and junior secondary school age.
The landmark judgment was delivered on October 9, 2025, by Hon. Justice D.E. Osiagor following a lawsuit filed by human rights lawyers Femi Falana (SAN) and Hauwa Mustapha on behalf of the public interest group Alliance on Surviving COVID-19 and Beyond (ASCAB). The certified copy of the ruling was obtained on Wednesday, according to Tayo Soyemi of Falana and Falana Chambers.
The case sought to enforce children’s rights under the Universal Basic Education (UBE) Act, 2004. The court confirmed that the applicants had the legal standing, or locus standi, to bring the suit, noting that public interest litigation allows citizens to enforce laws affecting societal welfare, particularly children’s educational rights.
Justice Osiagor ruled that the statutory right to free and compulsory education under Section 2(1) of the UBE Act is enforceable, despite arguments by some respondents that education rights under Section 18 of the Constitution are non-justiciable. The judge also clarified that Section 11(2) of the UBE Act, which requires states to provide 50% counterpart funding to access the federal UBE grants, is conditional and applies only to states that choose to participate. States that decline the federal matching grants are not in violation of the law, provided they fulfill their core obligation to fund basic education.
The court emphasized that while refusal to access federal grants may be undesirable from a policy standpoint, it does not constitute illegality. The judgment reinforces that every Nigerian child has the right to free and compulsory basic education, and all levels of government must ensure compliance.
