Court Orders Federal Govt, States To Provide Free, Compulsory Education For All Nigerian Children

Justice Daniel Osiagor of the Federal High Court in Lagos has declared that the federal government and the 36 states are legally bound, by virtue of Section 11(2) of the Universal Basic Education Act, to provide free and compulsory basic education to every Nigerian child.

Justice Osiagor also held that the “I hold that the provisions of right to free, compulsory and universal basic education under Section 2(1) of the UBE Act, 2004 are justiciable and binding on the federal government and the states.

The judge made the declarations while delivering judgment in a suit filed by human rights lawyer Femi Falana, SAN, and civil society advocate Hauwa Mustapha, on behalf of themselves and the Alliance on Surviving Covid-19 and Beyond.

In his judgment, Justice Osiagor also stated that the duty of state governments under the law is not dependent on their choice to access or not access the federal matching grants, which remains at their discretion.

He further held that, “Any state that chooses to participate must adhere strictly to Section 11(2) by contributing 50% of the required funds before receiving support from the Universal Basic Education.

“I hold that Section 11(2) is directory and conditional, not mandatory, and that failure to access the federal block grant does not per se amount to illegality.

“The statutory duty imposed on States is to provide free, compulsory, and universal basic education (Section 2(1)); the Act does not render the means of achieving that goal – i.e., through Federal assistance compulsoгу.

“Accordingly, while the Court strongly deprecates the refusal of States to access available education funds, such refusal does not constitute a breach of law, unless it can be shown that the State has altogether failed to provide basic education, contrary to Section 2(1) of the Act and the Child’s Rights laws enacted in each State.

“On whether the Applicant possesses the requisite locus standi to institute this action, it is trite that locus standi touches on the jurisdiction of the Court, and once absent, the suit must collapse.

“I believe that it is the right of any citizen to see that law is enforced where there is an infraction of that right or a threat of its being violated in matters affecting the public law and in some cases of private l, aw such as where widows, orphans are deprived, and a section of the society will be adversely affected by doing nothing.

“In the present case, the Applicants are citizens of Nigeria, while the first Applicant is a Senior legal practitioner and Human Rights activist practising in Nigeria, concerned with access to education, a right which, though situated under Chapter II of the Constitution, has been given legislative expression by the enactment of the UBE Act, 2004.

“I hold that the Applicant has sufficient interest in ensuring compliance with that Act. The Applicants demonstrated a genuine concern for the enforcement of children’s educational rights, supported by evidence of unassessed federal grants.

“The suit raises constitutional and statutory questions affecting millions of Nigerian children. Accordingly, I hold that the Applicants have sufficient interest and thus possess locus standi to institute this action,” the judge held.