Free Education: Court Okays Substituted Service On Federal Govt, States

Justice Daniel Osaigor of the Federal High Court, Lagos has granted an order of substituted service on the 36 states in the country in the suit filed by a human rights lawyer, Femi Falana (SAN), seeking to compel them to provide free and compulsory education up to junior secondary school level.

Justice Osaigor, who made the order yesterday after listening to Falana’s lawyer, Taiwo Olawanle, directed that the originating motion be served on the states through their liaison offices in Lagos.

The court adjourned the case till May 20, 2024, for a hearing.

The senior lawyer and an early childhood education specialist, Hauwa Mustapha,  filed the suit for themselves and on behalf of the Alliance on Surviving COVID-19 and Beyond against the federal government, the 36 state governments and the Federal Capital Territory (FCT), Abuja.

The applicants sued the federal government (through the attorney-general of the federation), the minister of education, and the Universal Basic Education Commission (UBEC) over their failure to access N68 billion Universal Basic Education Commission (UBEC) funds to provide free primary education for every Nigerian child of school age.

The attorneys-general of the 36 states of the federation and the minister of the FCT were also listed as respondents in the suit filed through their lawyer, Mrs Funmi Falana (SAN).

In the suit filed on January 19, the applicants asked the court to determine whether the respondents are not under a legal obligation to provide free, compulsory and Universal primary education for every Nigerian child of school age by section 2(1) of the Compulsory, Free Universal Basic Education Act, LFN, 2004.

They also want the court to determine whether the refusal or failure of the respondents to contribute not less than 50 percent of the total cost of projects as its commitment to the execution of the free, compulsory education project for every Nigerian child of school age is illegal as it violates section 11(2) of the Compulsory, Free Universal Basic Education Act, Laws of the Federation of Nigeria, 2004.