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A Federal High Court has ruled that local governments are constitutionally autonomous and not subject to state control.
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The court voided sections of the UBE Act that placed local education authorities under state boards.
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Local governments can now access Universal Basic Education funds directly from UBEC.
The Federal High Court in Abuja has delivered a landmark judgment affirming the constitutional autonomy of local governments and dismantling state control over the administration of Universal Basic Education (UBE) funds.
In a ruling delivered on October 13, 2025, Justice Emeka Nwite held that local governments constitute an independent third tier of government under the 1999 Constitution and cannot be treated as extensions of state governments.
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Based on this finding, the court struck down key provisions of the Universal Basic Education Act, 2004, which placed Local Government Education Authorities (LGEAs) under the supervision of State Universal Basic Education Boards (SUBEBs).
Justice Nwite ordered the Universal Basic Education Commission (UBEC) and the Attorney-General of the Federation to formally notify all 37 SUBEBs and the 774 LGEAs across the country of the judgment within three months.
The court made it clear that LGEAs are now legally empowered to apply for and receive federal UBE grants directly from UBEC, without routing requests or funds through state governments or SUBEBs.
The suit, marked FHC/ABJ/CS/1536/2020, was instituted by Sesugh Akume, who challenged the constitutionality of UBE Act provisions that subjected local education authorities to state oversight and required federal education funds to be administered at the state level.
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In its decision, the court ruled that Sections 11(3) and 13(1) of the UBE Act contradict Sections 7(1) and (5), as well as Item 2(a) of the Fourth Schedule of the Constitution, rendering them unconstitutional and void.
“The local government system is a constitutionally established and autonomous tier of government,” the court stated, adding that no legislation may lawfully subject local governments or their agencies to state control.
The judgment further directed that local governments must pay their required counterpart funding through their respective LGEAs in order to access UBE grants directly from UBEC, stressing that access to the funds is mandatory rather than discretionary.
The ruling effectively brings to an end the long-standing practice where SUBEBs applied for and managed UBE funds on behalf of local governments—an arrangement widely criticised for inefficiency and misuse.
UBEC has previously acknowledged that large sums of UBE funds remain unaccessed nationwide, despite persistent challenges in the education sector, including dilapidated schools, teacher shortages, and millions of out-of-school children.
Justice Nwite also faulted the National Assembly for enacting laws that placed LGEAs under state supervision, noting that while states may legislate on local government matters, such laws must strictly conform to constitutional limits.
Under Nigeria’s UBE policy, every child is entitled to free and compulsory basic education, including learning materials and essential school supplies. However, the concentration of fund control at the state level has long been blamed for poor outcomes at the grassroots.
The court ordered UBEC and the Attorney-General of the Federation to ensure nationwide compliance with the judgment by January 14, 2026.
