In a landmark decision, a Federal High Court in Lagos has declared that the Universal Basic Education Act (UBE Act) legally binds the Federal Government, the 36 state governments and the Federal Capital Territory (FCT), to provide free, compulsory and universal basic education for every Nigerian child of primary and junior-secondary school age.
Justice D. E. Osiagor delivered the judgment on October 9, 2025, in response to a suit filed by human-rights lawyer Femi Falana, SAN, and civil-society advocate Hauwa Mustapha on behalf of the group Alliance on Surviving Covid-19 and Beyond (ASCAB).
The plaintiffs had challenged the failure of several states to implement free basic education even as funds allocated under the UBE framework remained largely unutilised. The court held that Sections 2(1) and 11(2) of the Act impose a “justiciable” duty on all tiers of government to guarantee that basic education is free and accessible for eligible children. However, the judge clarified that a state’s decision not to access the federal matching grant under the UBE Fund does not automatically constitute illegality provided the state independently meets its obligation to provide free basic education.
The ruling has renewed pressure on state and federal authorities to fulfil their statutory obligation, prompting calls for immediate policy reforms across the education sector. Many stakeholders describe the judgment as a major victory for children’s rights and as a potential turning point for Nigeria’s education crisis.
