In a groundbreaking judgment on November 27, 2025, the Federal High Court sitting in Lagos, under the stewardship of Daniel E. Osiagor, has ruled that the Federal Government of Nigeria (FG), along with all 36 state governments and the Federal Capital Territory (FCT), are legally required to provide free, compulsory and universal basic education to every Nigerian child of primary and junior-secondary school age.
The case was instituted by members of the public-interest group Alliance on Surviving COVID‑19 and Beyond (ASCAB), including prominent lawyer Femi Falana (SAN) and education advocate Hauwa Mustapha. The plaintiffs sought enforcement of the rights guaranteed under the Compulsory, Free Universal Basic Education Act, 2004 (UBE Act), arguing that recurrent failures by governments had left millions of children out of school.
In his ruling, Justice Osiagor affirmed that Section 2(1) of the UBE Act — which guarantees basic education as a right — is justiciable and legally binding on the respondents. He dismissed arguments that the right to free education was non-enforceable under the constitution, citing the UBE Act as the statutory instrument that makes the right legally enforceable.
However, while the judgment mandates free and compulsory basic education, Justice Osiagor clarified that the requirement for states to contribute “counterpart funds” under Section 11(2) of the UBE Act — necessary to access Federal matching grants — remains conditional, not mandatory. In other words: a state’s failure to access the Federal block grant does not automatically equate to a breach of law, provided it still funds basic education from its own resources.
Significance: What This Means for Nigeria
- The ruling represents a major victory for child-rights activists and advocates — offering a legal basis to demand free, compulsory public education nationwide, regardless of state or region.
- It could mark a turning point in the fight against the persistent problem of out-of-school children — estimated in recent years at over 20 million.
- For states and FCT, the judgement removes excuses that federal funding shortfalls justify school fees or barriers to basic education — making it a constitutional and statutory obligation enforced by the courts.
What Still Needs Clarity / What to Watch
- The court’s decision does not automatically guarantee state-by-state implementation; much will depend on political will, budgetary commitments, and administrative reforms at state level.
- While the UBE Act remains the legal underpinning, some states have historically resisted fully implementing free education, citing fiscal constraints. Implementation, funding, and regulatory oversight will now come under renewed public and civil-society scrutiny.
- Monitoring and follow-up will be required to ensure that “free and compulsory” translates into accessible, quality education — not simply fee-waivers but functioning schools, trained teachers, adequate facilities, and inclusive access.
Over the past two years, civil-society groups led by Falana and others had repeatedly challenged the failure of governments to provide free basic education despite the legal mandate under the UBE Act. The issue had assumed urgency especially against the backdrop of rising numbers of out-of-school children, widening inequality, and periodic increases in school fees even at junior-secondary level — moves widely criticized as unconstitutional.
With this ruling, the courts have given Nigeria a new tool — enforceable legal obligation — to bridge long-standing gaps and hopefully reduce educational exclusion.
Dalena Reporters will continue to track responses from the Federal Government, state authorities, and education stakeholders — and report progress on the implementation of this landmark judgment.