The Federal High Court in Abuja has declared local governments as an autonomous third tier of government and nullified key provisions of the Universal Basic Education (UBE) Act, 2004, that placed them under the control of state governments.
In a judgment delivered on October 13, 2025, Justice Emeka Nwite held that local governments are a distinct and independent tier of government under the 1999 Constitution and not appendages or extensions of state governments. The court consequently struck down provisions of the UBE Act that subjected Local Government Education Authorities (LGEAs) to 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 State Universal Basic Education Boards and the 774 Local Government Education Authorities of the judgment within three months. The deadline for compliance is January 14, 2026.
The court further ruled that LGEAs are now entitled to apply for and receive federal UBE grants directly from UBEC without routing such funds through state governments or SUBEBs. It stressed that local governments “shall,” and not “may,” access the funds directly, provided they pay their required counterpart funding.
The suit, marked FHC/ABJ/CS/1536/2020, was instituted by Sesugh Akume against 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 and placed LGEAs under state supervision.
In his ruling, Justice Nwite declared Sections 11(3) and 13(1) of the UBE Act 2004 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 held, adding that any law subjecting local governments or their agencies to the control or supervision of state governments violates constitutional provisions.
The judgment effectively ends the long-standing practice whereby SUBEBs applied for and administered UBE funds on behalf of local governments, a system that has often been criticised for delays, lack of accountability and failure to access available funds.
UBEC has previously disclosed that hundreds of billions of naira in UBE funds remain unclaimed despite Nigeria’s worsening education crisis. Official records indicate that the country has about 18 million out-of-school children, with many public schools operating with inadequate teachers, dilapidated infrastructure and unpaid staff.
The court also held that the National Assembly lacks the authority to enact laws placing LGEAs under state supervision. While states may legislate on local government administration, the court noted that such laws must strictly comply with the Constitution.
Under Nigeria’s Universal Basic Education policy, every child is entitled to free and compulsory primary and junior secondary education, including access to textbooks, learning materials, uniforms and other essential supplies. However, centralised control of funds at the state level has long been blamed for poor service delivery and chronic underfunding at the grassroots.
