- The ruling is expected to increase pressure on states that have failed to fund the sector adequately
- He also addressed the recurring issue of unaccessed federal education grants
- The court held that the Act already places a binding responsibility on the Federal Government
A recent judgment from the Federal High Court in Lagos has shifted national attention back to the issue of basic education, as the court affirmed that no child in primary or junior secondary school should ever be charged fees by any government institution.
Eko Hot Blog reports that Justice D.E. Osiagor delivered the ruling on October 9, 2025, making it clear that free and compulsory basic education is a statutory obligation enforceable across the federation.
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The suit, filed by Femi Falana (SAN) and Hauwa Mustapha on behalf of the Alliance on Surviving COVID-19 and Beyond (ASCAB), challenged the continuous neglect of children’s rights under the Universal Basic Education (UBE) Act, 2004.

The court held that the Act already places a binding responsibility on the Federal Government, the 36 states and the FCT to guarantee unhindered access to primary and junior secondary education.
Justice Osiagor emphasized that Section 2(1) of the UBE Act makes the right to basic education actionable, meaning authorities can no longer hide behind policy excuses or budget shortfalls when schools impose levies on pupils.
He also addressed the recurring issue of unaccessed federal education grants, noting that while states are not obligated to apply for the matching funds, they must provide the required counterpart financing whenever they choose to participate.

The judge rejected arguments that education is a non-justiciable policy matter, stressing that the UBE Act has already converted the right to basic education into a legally enforceable duty.
The ruling is expected to increase pressure on states that have failed to fund the sector adequately or neglected to draw from available federal allocations meant to curb the growing number of out-of-school children.
Justice Osiagor warned that ignoring these obligations will continue to fuel illiteracy, insecurity, and deeper social instability nationwide.
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