The Federal High Court in Lagos has delivered a landmark judgment affirming that the Federal Government, the 36 states, and the Federal Capital Territory (FCT) are legally obligated to provide free, compulsory, and universal basic education for every Nigerian child of primary and junior secondary school age.
The judgment, delivered on October 9, 2025 by Hon. Justice D.E. Osiagor, followed a suit filed by Femi Falana (SAN) and Hauwa Mustapha, suing on behalf of themselves and the Alliance on Surviving Covid-19 and Beyond.
The Federal Government, all 36 states, and the FCT were listed as respondents.
In his judgment, Justice Osiagor held that Section 11(2) of the Universal Basic Education Act imposes a binding statutory duty on all tiers of government to provide free and compulsory basic education within their jurisdictions. However, he clarified that while this obligation is mandatory, the decision of each state or the FCT to access the Federal Government’s matching grants remains discretionary.
He further stated that any state choosing to participate in the matching grant scheme must strictly comply with Section 11(2) by providing the required 50% counterpart funding before drawing from the Universal Basic Education Fund.
The judgment, delivered on October 9, 2025 by Hon. Justice D.E. Osiagor, followed a suit filed by Femi Falana (SAN) and Hauwa Mustapha, suing on behalf of themselves and the Alliance on Surviving Covid-19 and Beyond.
The Federal Government, all 36 states, and the FCT were listed as respondents.
In his judgment, Justice Osiagor held that Section 11(2) of the Universal Basic Education Act imposes a binding statutory duty on all tiers of government to provide free and compulsory basic education within their jurisdictions. However, he clarified that while this obligation is mandatory, the decision of each state or the FCT to access the Federal Government’s matching grants remains discretionary.
He further stated that any state choosing to participate in the matching grant scheme must strictly comply with Section 11(2) by providing the required 50% counterpart funding before drawing from the Universal Basic Education Fund.
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