Justice Daniel Osiagor has declared free and compulsory education for all Nigerian children.
NaijaOnPoint Nigeria reports that Justice Daniel Osiagor of the Federal High Court in Lagos has ruled that the Federal Government and all 36 state governments are legally obligated to provide free and compulsory basic education to every Nigerian child.
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, Justice Osiagor affirmed that Section 11(2) of the Universal Basic Education (UBE) Act imposes clear responsibilities on governments regarding basic education.
According to the judge, the right to free, compulsory, and universal basic education under Section 2(1) of the UBE Act, 2004, is justiciable meaning enforceable in court and binding on both federal and state authorities.
He clarified that while state governments are required to contribute 50% counterpart funding to access federal UBE grants, opting not to access these funds does not amount to illegality on its own. What is unlawful, he stressed, is any failure by a state to provide basic education as mandated by Section 2(1) of the UBE Act and the Child Rights laws enacted across the country.
Justice Osiagor stated:
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Section 11(2) is directory and conditional, not mandatory.
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Federal block grants are a support mechanism, not the sole avenue for fulfilling states’ legal duty.
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States must still provide free and compulsory basic education regardless of whether they choose to access federal grants.
On the issue of locus standi, the judge held that the applicants had sufficient interest to institute the suit because ensuring access to education affects millions of Nigerian children.
He emphasised that any Nigerian citizen has the right to demand enforcement of a public law being violated or threatened especially in cases affecting vulnerable groups such as children, widows, or orphans.
Justice Osiagor noted that the applicants presented evidence showing several states had failed to access available federal education grants, reinforcing their legitimate concern for children’s rights.
He concluded that the case raised significant constitutional and statutory issues affecting the public interest and therefore ruled that the applicants were competent to bring the action.
The judgment firmly reinforces free and compulsory basic education as a legally enforceable right for every Nigerian child, placing renewed responsibility on federal and state governments to uphold the law and ensure access to quality basic education nationwide.