DEVELOPMENT
BREAKING NEWS: Federal High Court Affirms Full Autonomy of Local Governments, Strikes Down Key UBE Act Provisions, Orders Direct Access to Education Funds
The Federal High Court sitting in Abuja has delivered a landmark judgment affirming the constitutional autonomy of local governments as a distinct third tier of government and nullifying critical provisions of the Universal Basic Education (UBE) Act, 2004, that subjected them to state control.
In a judgment delivered on October 13, 2025, Justice Emeka Nwite held that local governments are not appendages or extensions of state governments but autonomous entities established and protected by the 1999 Constitution of the Federal Republic of Nigeria.
Consequently, the court struck down key sections of the UBE Act, 2004, which placed Local Government Education Authorities (LGEAs) under the supervision and control of State Universal Basic Education Boards (SUBEBs), ruling that such arrangements violate clear constitutional provisions.
Justice Nwite ordered the Universal Basic Education Commission (UBEC) and the Attorney-General of the Federation to independently and formally notify all 37 State Universal Basic Education Boards (SUBEBs) and the 774 Local Government Education Authorities (LGEAs) across the country of the judgment within three months.
The court further directed that LGEAs be clearly informed that they are now entitled to apply for and receive federal UBE intervention funds directly from UBEC, without passing through state governments or SUBEBs.
The suit, marked FHC/ABJ/CS/1536/2020, was instituted by Sesugh Akume against the Universal Basic Education Commission (UBEC) and the Attorney-General of the Federation. The applicant challenged the constitutionality of sections of the UBE Act that mandated the administration and disbursement of federal education funds through SUBEBs while subjecting LGEAs to state supervision.
In its findings, the court ruled that Sections 11(3) and 13(1) of the UBE Act, 2004, are inconsistent with Sections 7(1) and (5) and Item 2(a) of the Fourth Schedule to the Constitution, and therefore unconstitutional, null, and void.
“The local government system is the third and an autonomous tier of government originated by the Constitution,” the court declared, adding that any law that subjects local governments or their agencies to the control or supervision of state governments runs contrary to the Constitution.
Justice Nwite also ordered that local governments must, through their respective LGEAs, pay their counterpart funding obligations and access UBE grants directly from UBEC, stressing that the word “shall” used in the judgment imposes a mandatory obligation, not a discretionary option.
The ruling effectively brings to an end the long-standing practice whereby SUBEBs applied for and administered UBE funds on behalf of local governments, an arrangement critics say often resulted in delays, diversion of funds, or total failure to access available grants.
UBEC has previously disclosed that hundreds of billions of naira in UBE intervention funds remain unaccessed nationwide, despite Nigeria’s worsening basic education crisis.
According to official UBEC records, Nigeria currently has an estimated 18 million out-of-school children, while many public primary and junior secondary schools grapple with severe shortages of teachers, dilapidated classrooms, unpaid staff, and lack of basic learning materials.
Justice Nwite further directed UBEC and the Attorney-General of the Federation to personally notify all 37 SUBEBs and the 774 LGEAs nationwide of the court’s decision within three months, with the compliance deadline set for January 14, 2026.
The court also clarified that the National Assembly lacks the constitutional authority to enact laws that place LGEAs under state supervision. While states may legislate on local government administration, the court stressed that such laws must strictly conform with the provisions of the Constitution.
Under Nigeria’s UBE policy, every child is entitled to free and compulsory primary and junior secondary education, including access to textbooks, uniforms, learning materials, and other essential supplies. However, centralized control of funds at the state level has long been blamed for poor service delivery, abandoned projects, and chronic underfunding at the grassroots.
The court documents read:
“A DECLARATION is hereby made that the local government system is the third and an autonomous tier of government originated by the Constitution and administered by laws enacted by the House of Assembly, in accordance with the Constitution and not an appendage and/or extension of the state government.
“AN ORDER and DECLARATION is hereby made that section 11(3) and 13(1) of the UBE Act (2004) are inconsistent with sections 7(1) and 5, and the 4th Schedule Item 2(a) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and therefore unconstitutional, null and void.
”AN ORDER and DECLARATION is hereby made that local governments shall through their respective Local Government Education Authorities (LGEAs) pay up their counterpart funds and access funds directly from the 1st Respondent without hindrance or through the State Universal Basic Education Boards.
“AN ORDER is hereby made compelling the Respondents to communicate (3) above to all 37 Universal Basic Education Boards, and 774 Local Government Education Authorities (LGEAs) within three months of this judgment.”
Legal analysts say the judgment could significantly reshape grassroots education funding and strengthen local government autonomy nationwide, with far-reaching implications for accountability, service delivery, and access to basic education across Nigeria.