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A Federal High Court in Abuja has delivered a landmark judgment redefining local government autonomy and dismantling long-standing state control over basic education funds.
In a ruling delivered on October 13, 2025, Justice Emeka Nwite declared key provisions of the Universal Basic Education (UBE) Act unconstitutional, holding that Nigeria’s 774 local governments are autonomous entities entitled to direct access to federal education funding.
The suit, filed by Sesugh Akume against the Universal Basic Education Commission (UBEC) and the Attorney-General of the Federation, challenged sections 11(3) and 13(1) of the UBE Act 2004, which placed the administration and disbursement of UBE funds under State Universal Basic Education Boards (SUBEBs).
Justice Nwite ruled that those provisions violate sections 5, 7(1) and Item 2(a) of the Fourth Schedule of the 1999 Constitution (as amended), which recognise local governments as a distinct and self-governing tier of government.
“The local government system is not an appendage or extension of state government,” the court held, declaring that any law subjecting local governments or their agencies to state supervision is null and void.
The judgment effectively dismantles the legal framework that allowed states to act as gatekeepers for billions of naira in federal education grants.
Under the now-nullified provisions, UBEC funds could only be accessed through SUBEBs, which applied for and administered the grants on behalf of local governments. In practice, the court noted, many states failed to apply for the funds at all, while others retained and centrally controlled the resources.
UBEC has repeatedly confirmed that hundreds of billions of naira earmarked for basic education remain unclaimed.
Justice Nwite ordered that local governments must — not may — pay their 50 percent counterpart funding through their Local Government Education Authorities (LGEAs) and access UBE funds directly from UBEC, without interference from state agencies.
The court further directed UBEC and the Attorney-General to formally notify all 37 SUBEBs and 774 LGEAs of the ruling within three months. The deadline for compliance expires on January 14, 2026.
Beyond funding, the ruling has far-reaching administrative implications. By affirming that LGEAs are no longer subject to SUBEB supervision, the court effectively transferred responsibility for staffing, management and implementation of basic education to the local governments themselves, including the employment of teachers.
The decision comes amid a deepening education crisis. Nigeria currently has an estimated 18 million out-of-school children, according to UBEC data. Many public schools lack classrooms, teachers are owed salaries, and learning facilities are in severe disrepair — despite the existence of statutory funds designed to address those gaps.
The court’s ruling reframes the debate over local government autonomy, shifting it from a political slogan to an enforceable constitutional reality. By restoring fiscal and administrative control to the local level, the judgment aims to bring governance — and accountability — closer to the communities most affected.
Whether the ruling will translate into improved classrooms, paid teachers and increased enrolment now depends on compliance by federal agencies and the capacity of local governments to manage education delivery independently.
Click here to download the full judgment.
UBEC-Judgement
