Court declares local governments autonomous, ends state control of basic education funds
The Federal High Court in Abuja has delivered a landmark judgment declaring local governments an autonomous third tier of government and striking down key provisions of the Universal Basic Education (UBE) Act, 2004, that placed them under state control.
In a ruling delivered on October 13, 2025, Justice Emeka Nwite held that local governments are constitutionally recognised as a distinct and independent tier of government under the 1999 Constitution and not appendages or extensions of state governments.
The court nullified Sections 11(3) and 13(1) of the UBE Act 2004, which subjected Local Government Education Authorities (LGEAs) to the supervision and control of State Universal Basic Education Boards (SUBEBs), declaring the provisions unconstitutional, null and void.
Justice Nwite ruled that the disputed sections are inconsistent with Sections 7(1) and (5) and Item 2(a) of the Fourth Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended). He stated that any law that places local governments or their agencies under the control or supervision of state governments violates the Constitution.
The court ordered that local governments must, through their respective LGEAs, pay their counterpart funds and access Universal Basic Education grants directly from the Universal Basic Education Commission (UBEC), without interference from state governments or SUBEBs. The judge stressed that local governments “shall,” not “may,” access the funds directly.
Justice Nwite further directed UBEC and the Attorney-General of the Federation to independently and formally notify all 37 State Universal Basic Education Boards and the 774 Local Government Education Authorities nationwide of the judgment within three months. The deadline for compliance expires on January 14, 2026.
The court made it clear that LGEAs are now entitled to apply for and receive federal education grants directly from UBEC, ending decades of state-level control over the funds.
The suit, marked FHC/ABJ/CS/1536/2020, was filed by Sesugh Akume against UBEC and the Attorney-General of the Federation. The applicant challenged the constitutionality of provisions of the UBE Act that mandated the administration and disbursement of federal education funds through SUBEBs and placed LGEAs under state supervision.
Justice Nwite ruled that while states may legislate on local government administration, neither the National Assembly nor state governments have the power to enact laws that undermine the constitutional autonomy of local governments.
The judgment effectively dismantles the long-standing practice under which SUBEBs applied for and administered UBE funds on behalf of local governments, a system that has been repeatedly criticised for delays, lack of transparency, and failure to access available funds.
UBEC has previously disclosed that hundreds of billions of naira in UBE funds remain unclaimed, even as Nigeria grapples with a worsening education crisis. Official records indicate that about 18 million children are currently out of school, with many public schools operating with severe teacher shortages, dilapidated classrooms, and unpaid staff.
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, the centralised control of funds at the state level has long been blamed for stalled projects, weak service delivery, and chronic underfunding at the grassroots.