December 29, 2025 | News | SUNTV Global Channel
In a landmark judgment with far-reaching implications for grassroots education funding, the Federal High Court sitting in Abuja has declared Nigeria’s local governments an autonomous third tier of government and stripped state governments of control over Universal Basic Education (UBE) funds.
The court nullified key provisions of the Universal Basic Education (UBE) Act, 2004, that placed Local Government Education Authorities (LGEAs) under the supervision of State Universal Basic Education Boards (SUBEBs), effectively ending decades of state dominance over basic education funding at the local level.
Delivering judgment on October 13, 2025, Justice Emeka Nwite held that local governments are constitutionally recognized as independent and autonomous entities under the 1999 Constitution and cannot be treated as appendages or extensions of state governments.
According to the ruling, Sections 11(3) and 13(1) of the UBE Act, 2004, which mandated the administration and disbursement of UBE funds through SUBEBs, are inconsistent with Sections 7(1) and (5) and Item 2(a) of the Fourth Schedule of the Constitution, and are therefore unconstitutional, null and void.
“The local government system is the third and an autonomous tier of government originated by the Constitution,” Justice Nwite declared, stressing that any law subjecting local governments or their agencies to state control violates the Constitution.
Direct Access to UBEC Funds
In a decisive move, the court ordered that local governments, through their respective LGEAs, are now entitled to apply for and receive federal UBE grants directly from the Universal Basic Education Commission (UBEC), without passing through state governments or SUBEBs.
The court emphasized that local governments “shall,” not “may,” access the funds directly, making compliance mandatory.
Justice Nwite further directed UBEC and the Attorney-General of the Federation to formally notify all 37 State Universal Basic Education Boards and the 774 Local Government Education Authorities nationwide of the judgment within three months. The deadline for compliance expires on January 14, 2026.
End of SUBEB Control Era
The judgment effectively ends the long-standing practice whereby SUBEBs applied for and managed UBE funds on behalf of local governments—often accused of withholding funds, delaying projects, or failing to access available grants altogether.
UBEC has previously disclosed that hundreds of billions of naira in UBE funds remain unclaimed, despite Nigeria’s worsening education crisis.
According to official records, Nigeria has an estimated 18 million out-of-school children, while many public schools across the country grapple with severe teacher shortages, dilapidated classrooms, unpaid staff, and lack of basic learning materials.
Background of the Case
The suit, marked FHC/ABJ/CS/1536/2020, was filed by Sesugh Akume against UBEC and the Attorney-General of the Federation. The applicant challenged the constitutionality of sections of the UBE Act that subjected LGEAs to state supervision and routed federal education funds through SUBEBs.
In its ruling, the court also held that while state Houses of Assembly may legislate on local government administration, such laws must strictly align with constitutional provisions. The National Assembly, the court said, lacks the power to enact laws that place LGEAs under state control.
Implications for Basic Education
Under Nigeria’s UBE policy, every child is entitled to free and compulsory primary and junior secondary education, including textbooks, uniforms, and learning materials. Analysts say the court’s decision could significantly improve service delivery at the grassroots by cutting bureaucratic bottlenecks and ensuring funds reach schools directly.
The judgment is widely seen as a major victory for local government autonomy and a potential turning point in addressing chronic underfunding and inefficiency in Nigeria’s basic education sector.
SUNTV Global Channel will continue to monitor reactions and implementation of this historic ruling nationwide.
