The Federal High Court in Lagos has issued a judgment confirming that the Federal Government, the 36 states, and the Federal Capital Territory are legally required to provide free, compulsory, and universal basic education for all children of primary and junior secondary school age. The ruling, delivered in early October, stemmed from a suit filed by human rights advocates acting on behalf of a public interest group.
The court examined the responsibilities placed on all tiers of government under the Universal Basic Education Act and concluded that the duty to deliver basic education is binding across the country. While the obligation itself is mandatory, the judge clarified that accessing the Federal Government’s matching grants remains optional for states and the FCT.
However, the court ruled that any state choosing to participate in the grant scheme must meet the necessary conditions, including providing the required counterpart funding before accessing the Universal Basic Education Fund. The decision also addressed broader legal questions, including the applicants’ standing and whether the right to basic education can be enforced against government authorities.
In resolving these issues, the court took into account constitutional provisions, existing laws, and arguments from parties involved. The judgment ultimately affirmed that although states may opt out of drawing federal grants, they remain under a statutory obligation to ensure that every Nigerian child receives free and compulsory basic education within their jurisdiction.
