Justice Daniel Osiagor of the Federal High Court in Lagos has ruled that the Federal Government, the 36 states, and the Federal Capital Territory are legally obligated to provide free, compulsory, and universal basic education to every Nigerian child of primary and junior secondary school age.

The judgment, delivered on October 9, 2025, followed a suit filed by human rights lawyer Femi Falana (SAN) and Hauwa Mustapha, acting for themselves and on behalf of the Alliance on Surviving COVID-19 and Beyond. The Federal Government, the states, and the FCT were listed as respondents in the case.

In the certified judgment, Justice Osiagor emphasized that under Section 11(2) of the Universal Basic Education (UBE) Act, the respondents have a statutory duty to provide free and compulsory basic education within their jurisdictions.

“Any state that elects to participate must strictly comply with Section 11(2) by contributing 50 per cent counterpart funds before drawing from the Universal Basic Education Fund,” the judge noted. He added that failure to access the federal block grant “does not per se amount to illegality,” describing Section 11(2) as directory and conditional rather than mandatory.

The court also addressed whether the applicants had locus standi to bring the case. Justice Osiagor took a liberal approach, stating that public interest litigation on fundamental social rights does not require strict proof of personal injury.

“The applicants have shown genuine concern for the enforcement of children’s educational rights, supported by evidence of unaccessed federal grants. The suit raises constitutional and statutory questions affecting millions of Nigerian children. Accordingly, the applicants have sufficient interest and possess locus standi,” the judge held.

On the enforceability of the right to free, compulsory, and universal basic education, the court rejected the respondents’ claim that the right was non-justiciable under Chapter II of the Constitution. Justice Osiagor ruled that the UBE Act transforms the right from a directive principle into a statutory entitlement enforceable against the government.

“Once Parliament enacts a law imposing obligations, those obligations become enforceable,” he stated, referencing both Indian jurisprudence and the reasoning behind Nigeria’s constitutional drafting process.

The court concluded that Sections 2(1) and 11(2) of the UBE Act impose binding duties on the Federal Government, the states, and the FCT to guarantee free and compulsory basic education for Nigerian children.

However, regarding states’ refusal or failure to provide 50 per cent counterpart funding and access the N68 billion Universal Basic Education Fund, the court held that the law does not criminalize such refusal. Justice Osiagor ruled that while states are obligated to provide basic education, they cannot be compelled to access the matching federal grants.

He resolved the first and second issues in favor of the applicants but held that failure to draw from the fund is not unlawful.