The Federal High Court in Abuja has declared local governments an autonomous third tier of government and nullified critical provisions of the Universal Basic Education (UBE) Act, 2004, that placed them under state control.
In a judgment delivered on October 13, 2025, Justice Emeka Nwite held that local governments are a distinct, autonomous tier of government under the 1999 Constitution and not appendages or extensions of state governments.
The court consequently nullified critical provisions of the Universal Basic Education (UBE) Act 2004 that placed Local Government Education Authorities (LGEAs) under the control of State Universal Basic Education Boards (SUBEBs).
In the ruling, the court ordered the Universal Basic Education Commission (UBEC) and the Attorney-General of the Federation to independently, within three months, formally notify all 37 State Universal Basic Education Boards (SUBEBs) and the 774 Local Government Education Authorities (LGEAs) of the court’s decision.
The court clearly inform LGEAs that they are now entitled to apply for and receive federal education grants directly from UBEC, without going through state governments or SUBEBs.
The suit, marked FHC/ABJ/CS/1536/2020, was filed 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 UBE funds through SUBEBs and subjected LGEAs to state supervision.
Justice Nwite 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 of 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 subjecting local governments or their agencies to the control or supervision of state governments violates the Constitution
Meanwhile, the court ordered that local governments must, through their respective LGEAs, pay their counterpart funds and access UBE grants directly from UBEC, without interference from SUBEBs.
The court emphasized that local governments “shall,” not “may,” access the funds directly.
The judgment effectively ends the practice whereby SUBEBs applied for and administered UBE funds on behalf of local governments, often retaining control of the funds or failing to apply for them altogether.
UBEC has previously confirmed that hundreds of billions of naira in UBE funds remain unclaimed, despite Nigeria’s deepening education crisis.
According to UBEC records, the country has about 18 million out-of-school children, with many public schools operating with only one teacher, dilapidated classrooms, and unpaid staff.
Justice Nwite further ordered 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. The deadline for compliance expires on 14 January 2026.
The court also clarified that the National Assembly lacked the power to enact laws placing LGEAs under state supervision, stressing that while states may legislate on local government administration, such laws must align strictly with constitutional provisions.
Under the UBE policy, every Nigerian child is entitled to free and compulsory primary and junior secondary education, including textbooks, learning materials, uniforms, and other supplies.
However, centralised control of funds at the state level has long been blamed for poor service delivery, stalled 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.”
