Court voids key sections of UBEC Act, orders direct education funding to 774 local govt councils

■ Says Local Govt is third tier, not extension of State Govt

A Federal High Court in Nigeria has voided key sections of the Universal Basic Education (UBEC) Act, specifically those that subordinate local governments to state-controlled education boards and deny them direct financial control over primary education funding.

The landmark judgement by Justice Eneka Nwite on October 13, 2025, essentially reasserts the constitutional mandate of local governments as the third tier of government, not merely extensions of state authority.

THE CONCLAVE reports thst the ruling is particularly vital because it addresses deep-seated structural issues within Nigeria’s educational system, which sees millions of children out of school.

The court’s decision directly tackles administrative bottlenecks believed to be major contributors to the crisis by challenging the existing framework for funding and managing primary education.

The ruling, delivered by Justice Nwite of the Federal High Court sitting in Abuja, centered on interpreting the constitutional status of local government areas (LGAs).

The court explicitly declared that local governments are a distinct third tier of government, endowed with constitutional mandates, rights, and responsibilities, and are not subservient to state governments or their agencies, such as State Universal Basic Education Boards (SUBEBs).

The most far-reaching aspect of the judgement is the order for the Federal Government, through the Central Bank of Nigeria (CBN) and the Federal Ministry of Finance, to cease channeling primary education funds through the state-controlled UBEC or SUBEB accounts.

Instead, funds should be paid directly into the bank accounts of the 774 Local Government Education Authorities (LGEAs).

The specific sections of the UBEC Act that created the administrative structures enabling state control over these funds were declared unconstitutional, invalid, null, and void because they conflict with the 1999 Constitution (as amended).

The court noted with grave concern that a staggering 13.5 million children are out of school, linking this unfortunate situation partly to the previous funding arrangement, which diluted local government autonomy and accountability in primary education management.

THE CONCLAVE reports that this judgement has extensive implications beyond just education funding.

It reinforces the ongoing national conversation and legal battles regarding local government autonomy in Nigeria, challenging the historical overreach of state governments into local administration.

By mandating direct funding, the court hopes to improve accountability in how funds meant for primary education infrastructure, teacher salaries, and learning materials are utilised at the grassroots level, potentially reducing corruption and improving efficiency.

The court gave the respondents three months from the date of the judgement to communicate the decision to all relevant boards and authorities across the nation, highlighting the urgency and seriousness of implementing the new structure.

It is interesting to note that the Universal Basic Education Commission (UBEC) had no legal representation in court despite being served with the relevant legal processes, which some legal experts believe further streamlined the judgement in favour of the applicants’ arguments.

THE CONCLAVE reports that this vital court ruling has fundamentally altered the legal framework for basic education funding in Nigeria, striking down key sections of the UBEC Act.

The aim, as understood, is to empower local governments by providing them with direct access to funds, thereby enhancing their capacity to address the educational needs of millions of out-of-school children.

This development is a significant step in the ongoing quest for true federalism and administrative efficiency in the country’s public service.

 

This judgement represents a pivotal moment in Nigerian administrative law, potentially setting a precedent for other sectors and inviting further legal challenges to state-level control over local governance [The Nigerian Lawyer & A.I.]

Culled from : https://thenigerialawyer.com/court-voids-key-sections-of-ube-act-orders-direct-education-funding-to-774-local-govts-says-local-govt-is-third-tier-not-state-extension/