Falana asks court to compel FG, states to make primary, junior secondary education free

Human rights lawyer and activist, Femi Falana (SAN), on Wednesday, asked the Federal High Court in Lagos to com­pel the federal government, the 36 states government and Abuja to provide free and compulsory education from the primary level up to junior secondary school level.

Falana who filed his case along with his co-plaintiff, Hauwa Mustapha, on behalf of themselves and on behalf of the Alliance on Surviving Covid 19 and Beyond (ASCAB), listed 40 defendants and respondents including the Attorney-General of the Federation, Minister of Education and Universal Basic Education Commission, UBEC, Attorneys-General of the 36 states, and Minister of the Federal Capital Territory, Abuja.

According to the lawsuit marked FHC/L/CS/142/2024, the plaintiffs are praying the court to declare that by virtue of section 2(1) of the Compulsory, Free Universal Basic Education Act, 2004, the respondents were legally obligated to provide free, compulsory and Universal basic education for every Nigerian child of primary and junior secondary, school age.

Falana’s suit is also seeking, among others;

“A declaration that by virtue of Section 11(1) of the Compulsory Free Universal Basic Education Act, the Federal Government shall contribute a block grant of not less than 2% of its Consolidat­ed Revenue Fund to the Universal Basic Education Fund on an an­nual basis.

“A declaration that by virtue of Section 11(2) of the Compulsory Free Universal Basic Education Act, each state of the federation shall contribute not less than 50% of the total cost of projects as its commitment in the execution of the projects to qualify for the Federal Government block grant pursuant to sub-section 1(l) of this section.

“A declaration that the refusal or failure of the respondents to access the sum of N68 billion for the universal basic education of children of school age in Nigeria is illegal as it violates Section 11(2) of the Compulsory Free Universal Basic Education Act.

“An order directing the 4th-40th respondents to pay the counterpart fund to access the matching grant of N68 billion in the account of the Universal Basic Education Fund and report compliance with the or­der within 30 days of the delivery of the judgment of this honourable court.

“An order directing the 4th-40th respondents to pay the counterpart fund to access the matching grant in the account of the Universal Ba­sic Education Fund as and when due forthwith.”

Falana’s lawyer, Taiwo Olawan­le, who moved an ex parte application for substituted service of the orig­inating motion to be served on all the states of the federation who are parties through their liaison houses in Lagos.

President of the court, Justice Daniel E. Osiagor, while granting Ola­wanle’s application, ordered that all the states of the federation be served the originating process­es and other subsequent process­es through their liaison houses in Lagos, before adjourning the case to May 20 for hearing.

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