The Federal High Court in Lagos has ordered the Federal Government, all 36 states, and the Federal Capital Territory to provide free and compulsory basic education to every Nigerian child of primary and junior secondary school age. The ruling, delivered by Justice Daniel Osiagor on October 9, 2025, came from a suit filed by human rights lawyer Femi Falana and Hauwa Mustapha on behalf of the Alliance on Surviving COVID-19 and Beyond.
The court held that the Universal Basic Education Act requires the government at all levels to guarantee access to basic education for children across the country. The judgment explained that states participating in the program must contribute 50 percent of the counterpart funding before drawing from the Universal Basic Education Fund, but failure to access federal grants does not make their actions illegal.
Justice Osiagor also confirmed that the applicants had legal standing to bring the case. The court applied a public interest approach, recognizing that issues affecting the education of millions of children do not require proof of personal injury to proceed. The ruling noted that the enactment of the UBE Act gives children a statutory right to education that can be enforced against the government, elevating it beyond a mere directive principle in the Constitution.
The judgment clarified that while the government is obligated to provide free education, refusal or delay by states to draw from federal funds is not considered unlawful. The court concluded that all governments listed as respondents must ensure free and compulsory education, but the non-access of matching grants does not amount to a violation of the law.
This decision comes as part of ongoing efforts to enforce children’s educational rights and ensure that every Nigerian child has access to schooling without financial barriers.