The Lagos Division of the Federal High Court has ruled that the federal government, the 36 states, and the Federal Capital Territory (FCT) have a legal and enforceable obligation to provide free, compulsory, and universal basic education for all Nigerian children of primary and junior secondary school age.

The landmark judgment, delivered on October 9, 2025, by Justice D.E. Osiagor, followed a suit filed by human rights lawyer Femi Falana (SAN), Hauwa Mustapha, and the Alliance on Surviving COVID-19 and Beyond (ASCAB).

Tayo Soyemi of Falana & Falana Chambers confirmed that the Certified True Copy (CTC) of the judgment was obtained on Wednesday.

In deciding the case, Justice Osiagor held that the applicants had the legal standing to file the suit.

The court adopted a liberal approach to public interest litigation, noting that citizens and groups may challenge violations affecting broad societal interests, particularly those involving vulnerable groups such as children.

According to the judge, the suit raised important constitutional and statutory questions concerning millions of Nigerian children, and the applicants demonstrated sufficient interest by highlighting unaccessed federal grants meant for basic education.

The court also ruled that the right to free, compulsory, and universal basic education—though listed under non-justiciable provisions of the constitution—became enforceable with the enactment of the Universal Basic Education (UBE) Act, 2004.

Justice Osiagor held that Sections 2(1) and 11(2) of the UBE Act impose binding statutory obligations on the federal government, the states, and the FCT.

He cited comparative examples from India and Pakistan, where similar laws were held to be enforceable despite constitutional limitations.

The court also focused on whether the failure of states to contribute 50 per cent of the counterpart funds and to access the N68 billion UBE Fund amounted to illegality.

Although the applicants argued that states were statutorily required to provide counterpart funding.

However, the court disagreed, ruling that Section 11(2) of the UBE Act is directory and conditional, not mandatory.

Justice Osiagor held that states are only required to contribute 50 per cent if they choose to access the federal grant.

He further ruled that the federal block grant is a form of assistance, not a compulsory entitlement, and added that there is no penalty for states that decline to draw from the fund.

The federal court judge stressed, however, that states remain independently bound by Section 2(1) of the Act, which mandates that they provide basic education, and by their respective Child Rights Laws.

“It may be unwise or undesirable for states to ignore available education funds, but such refusal is not, in itself, illegal unless it is shown that the state has failed entirely in providing basic education,” the court ruled.