Court Declares FG and States Must Provide Free Schooling for Nigerian Children

A Federal High Court in Lagos has ruled that the Federal Government, Nigeria’s 36 states, and the Federal Capital Territory (FCT) are legally responsible for providing free and compulsory basic education to all children of primary and junior secondary school age. This landmark judgment, delivered by Justice D.E. Osiagor on October 9, 2025, is seen as a major victory for advocates of children’s educational rights in Nigeria.

The court based its ruling on the provisions of the Universal Basic Education Act (UBE Act), 2004. Specifically, it held that Section 11(2) of the Act places a binding statutory obligation on government at all levels to guarantee free, compulsory and universal basic education for all eligible children. The court also affirmed that this right is enforceable under law, rejecting claims that it is non-justiciable merely because it involves social services.

However, the court clarified that while the UBE Act allows states to access matching grants from the federal pool, the decision to draw on those grants remains discretionary. According to Justice Osiagor, the obligation on states is to provide free education independently, even if they opt not to use the federal grants.

The ruling places fresh pressure on governments nationwide to eliminate school fees for children in primary and early secondary school and to ensure access for all. It also opens the door for citizens to hold their governments accountable in court whenever public basic education remains paid or inaccessible. What do you think — will this decision lead to real change in access to education, or will implementation still fall short? Share your thoughts in the comments.

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