By Femi Falana
The Child’s Rights Act, enacted in 2003 guarantees free and mandatory basic education for all children of primary and junior secondary school age. The Act has been adopted and enacted into law by the 36 state governments. Similarly, the Compulsory, Free Universal Basic Education Act, 2004 provides for free and mandatory basic education for all children of primary and junior secondary school age across the country.
Under the Compulsory, Free Universal Basic Education Act, the Federal Government contributes a block grant equivalent to 2% of its Consolidated Revenue Fund (CRF) to the Universal Basic Education Commission (UBEC) to support basic education while state governments are required to provide a 50% matching grant (counterpart funding) to access this federal allocation.
As of March 2026, the authorities of many state governments and the Federal Capital Territory have refused to access over N97 billion from the Universal Basic Education Commission Fund. Apart from not accessing the UBE matching grant, some state governments have failed to properly utilise the funds for the purpose of development of infrastructure and improvement of the teaching and learning conditions in primamy and junior secondary schools across the country.
In spite of several judgments of the ECOWAS Court and the Federal High Court, which have upheld the right of every Nigerian child to mandatory and free universal basic education, Nigeria has about 20 million out-of-school children. The members of the ruling class have consigned the children of poor citizens to illiteracy and ignorance.
In addressing the crisis, we were compelled to request the Universal Basic Education Commission to furnish us with information on the compliance of state governments with the Compulsory, Free Universal Basic Education Act. The reply to our letter is attached herewith.
*Femi Falana is a Senior Advocate of Nigeria (SAN) and human rights activist