Senior Advocate Femi Falana Takes Legal Action for Free Education: Sues Federal Officials and States for Non-Compliance

In a landmark legal move aimed at championing the cause of education for Nigerian children, Senior Advocate of Nigeria, Femi Falana, alongside Hauwa Mustapha, has initiated legal proceedings against key government officials. The lawsuit targets the Attorney General of the Federation, the Education Minister, Universal Basic Education Commission (UBEC), the Attorneys General of the 36 states, and the Minister of the Federal Capital Territory, Abuja.

Senior Advocate Femi Falana

The petition, filed by Falana and Mustapha on behalf of themselves and the Alliance on Surviving Covid-19 and Beyond, calls upon the Federal High Court in Lagos to issue a directive compelling the 4th-40th Respondents to contribute the counterpart fund required to access the matching grant of N68 billion in the Universal Basic Education Fund. The applicants seek a court order to ensure compliance within 30 days of the judgment delivery.

Additionally, the legal action requests the court to declare that, in accordance with the Compulsory, Free Universal Basic Education Act, the Respondents are legally obliged to provide free, compulsory, and universal basic education for every Nigerian child of primary and junior secondary school age. The suit emphasizes the responsibility of the Federal Government to contribute a block grant of not less than 2% of its Consolidated Revenue Fund to the Universal Basic Education Fund annually.

Senior Advocate Femi Falana, in an affidavit sworn at the Federal High Court Registry in Lagos on January 26, 2024, highlighted the alarming statistics of out-of-school children in Nigeria. Citing a report by the United Nations Children’s Fund (UNICEF), which estimates 20.2 million out-of-school children in the country, Falana stressed the urgency of addressing this critical issue.

The lawsuit underscores the critical role of the 2nd Respondent, the Education Minister, in formulating educational policies and ensuring quality control at all levels of education in Nigeria. Furthermore, it emphasizes the 3rd Respondent's role as the body responsible for disbursing the Federal Government Universal Basic Education grants and coordinating the UBE program throughout Nigeria.

As the legal proceedings unfold, the nation watches closely, contemplating the potential impact on the provision of free, compulsory, and universal basic education for Nigerian children. The lawsuit challenges the alleged refusal or failure of the Respondents to meet their legal obligations and contribute to the education sector, aiming to address the pressing issue of the country having the highest number of out-of-school children in the world.