The Federal High Court in Lagos has declared that the Federal Government, all 36 states, and the Federal Capital Territory must ensure that no Nigerian child of primary or junior secondary age pays school fees again.
The court ruled that free, compulsory, and universal basic education is a legal obligation, not a policy choice.
Justice D.E. Osiagor delivered the judgment on October 9, 2025, in a suit filed by Femi Falana (SAN) and Hauwa Mustapha on behalf of the Alliance on Surviving COVID-19 and Beyond (ASCAB).
The case sought to enforce children’s rights under the Universal Basic Education (UBE) Act, 2004, following claims that governments had repeatedly failed to meet their constitutional and statutory responsibilities.
In the judgment, the court held that the UBE Act already places a binding duty on federal and state authorities to guarantee free basic education across the country.
Justice Osiagor ruled that Section 2(1) of the Act makes the right enforceable, meaning governments can now be compelled to ensure that children are not shut out of school due to fees or levies imposed by public institutions.
The court also addressed the long-standing issue of unaccessed federal education grants. It affirmed that while Section 11(2) allows states to apply for federal matching grants, the decision to draw from the fund remains discretionary.
However, any state choosing to participate must first provide the required 50 percent counterpart funding before accessing the grants.
Justice Osiagor explained that a state’s refusal to apply for the grants is not in itself illegal. What becomes unlawful, the court stressed, is when a government fails completely to provide free and compulsory basic education as mandated by the UBE Act and each state’s Child Rights Law.
On the question of locus standi, the court ruled that ASCAB and the applicants were justified in bringing the case.
It noted that public interest litigation allows room for citizens and civil society actors to defend the rights of children and other vulnerable groups, especially in matters affecting broad national welfare.
The court further stated that although some defendants argued that education falls under the non-justiciable policy provisions of the Constitution, the UBE Act changed the legal landscape by giving statutory force to the right to basic education.
The judge added that once legislation imposes obligations, the authorities cannot treat them as optional.
The ruling is expected to intensify pressure on state governments that have struggled—or in some cases failed—to properly fund the basic education sector.
Many states currently owe counterpart funds, while some have not accessed federal allocations meant to address the country’s rising number of out-of-school children.
Justice Osiagor noted that failure to collect available funds “may be unwise,” but emphasized that the real breach occurs when a government neglects its core duty to keep children in school.
He urged authorities to act decisively, warning that continued neglect will worsen illiteracy, insecurity, and social instability.
