LunagisthubCourt Ruling on Universal Basic Education Fund: A Step Towards Ensuring Quality Education
The Federal High Court has made a landmark ruling regarding the Universal Basic Education Fund (UBEF) and the obligations of state governments in Nigeria. According to Justice Osiagor, states that elect to participate in the UBE program must comply with Section 11(2) of the UBE Act by contributing 50% counterpart funds before accessing the federal block grant
States’ Obligations: The court held that Sections 2(1) and 11(2) of the UBE Act impose binding duties on the Federal Government, states, and the FCT to guarantee free and compulsory basic education for Nigerian children.
Locus Standi: The court adopted a liberal approach, holding that public interest litigation involving fundamental social rights does not require strict proof of personal injury. The applicants, who demonstrated genuine concern for enforcing children’s educational rights, were deemed to have sufficient interest and locus standi.Enforceability of Right to Education: The court rejected the argument that the right to free, compulsory, and universal basic education is non-justiciable under Chapter II of the Constitution. Instead, it held that the UBE Act elevated this right to a statutory entitlement enforceable against the government.
Counterpart Funding: While states are obligated to provide basic education, the court ruled that they cannot be compelled to access matching grants. Failure to access the fund does not amount to illegality
The court’s decision highlights the importance of ensuring quality education for all Nigerian children. With over N250 billion in unutilized basic education funds, the ruling emphasizes the need for states to access and utilize these funds effectively
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