Dalena Reporters l December 29, 2025
The Federal High Court in Abuja has declared local governments in Nigeria an autonomous tier of government, ruling that they must operate independently of state government control and nullifying key provisions of the Universal Basic Education (UBE) Act, 2004 that placed Local Government Education Authorities (LGEAs) under state supervision. Justice Emeka Nwite delivered the judgment on October 13, 2025, holding that local governments are a distinct, autonomous tier of government under the 1999 Constitution and not extensions of state governments, and subsequently struck down sections of the UBE Act found to be inconsistent with constitutional provisions.
The ruling specifically declared that the sections of the UBE Act that subjected LGEAs to the authority of State Universal Basic Education Boards (SUBEBs) are unconstitutional, null and void, thereby enabling local governments to apply for and receive federal education grants directly from the Universal Basic Education Commission (UBEC) without having to go through state governments or SUBEBs.
In addition to affirming autonomy, the court ordered the Universal Basic Education Commission and the Attorney-General of the Federation to notify all 37 State Universal Basic Education Boards and all 774 LGEAs of the decision within three months, with the deadline for compliance set for January 14, 2026.
The judgment is expected to end long-standing state control over local government education funds and empower councils to directly access federal grants, a move that advocates say could enhance grassroots development and accountability in basic education financing.
Legal experts and civil society groups view the decision as part of a broader legal trend aimed at restoring local government financial and administrative independence, following earlier Supreme Court rulings on fiscal autonomy for local councils, though practical implementation challenges remain in fully realising the autonomy envisioned in law.