called on Nigerians to increase pressure on the 34 state governments that have failed to access the Universal Basic Education (UBE) fund, which remains untapped in many states, leaving millions of children without education.
Falana explained the importance of adhering to the Child’s Rights Law and the Compulsory, Free, Universal Basic Education Act, both of which guarantee free and compulsory education from primary to junior secondary school.
He pointed out that UNICEF and UNESCO have confirmed that Nigeria currently has 20.2 million out-of-school children.
Meanwhile, the Universal Basic Education Commission (UBEC) has revealed that about N135 billion in UBE funds has remained unaccessed, largely due to the failure of 34 states and the Federal Capital Territory to contribute the legally required counterpart funding.
Falana emphasised that it is imperative for both government and citizens to demand accountability and ensure that every Nigerian child receives the education they are entitled to under the law.
Falana said, “In January 2024, we filed a suit at the Federal High Court praying for an order to compel the 36 state governments to access the sum of N68 billion in Account of the Universal Basic Education Commission. Some of the Defendants have since questioned our locus standi to institute the action.
“However, it has been disclosed by Management of the Universal Basic Education Commission that the fund not accessed by 34 states and the Federal Capital Territory has increased to N135 billion due to the inexplicable failure to contribute the counterpart fund required by law.
“In view of the fact that both UNICEF and UNESCO have confirmed that Nigeria has 20.2 million out-of-school children, we are compelled to call on all patriotic Nigerians to mount sufficient pressure on the 34 state governments to access the UBE fund in order to educate every child in Nigeria in accordance with the provisions of the Child’s Rights Law applicable in every state as well as the Child’s Rights Act applicable in the Federal Capital Territory.”
“Since every child is entitled to free and compulsory education from primary to junior secondary school under the Child’s Rights Law and the Compulsory, Free, Universal Basic Education Act, the Authorities of the 36 State Governments and the Federal Capital Territory should no longer be permitted to toy with the right of indigent children to acquire basic education,” Falana added.
In January, the Senior Advocate of Nigeria, Femi Falana, filed a lawsuit against the Federal Government, represented by the Attorney General of the Federation, the Minister of Education, the Universal Basic Education Commission (UBEC), and all 36 states over the growing issue of out-of-school children in the country.
Falana, alongside early childhood education specialist Hauwa Mustapha, brought the suit on behalf of the Alliance on Surviving COVID-19 and Beyond.
The lawsuit centers on the failure to utilize N68 billion in UBEC funds intended to provide free basic education to every Nigerian child of school age.
The Attorneys General of all 36 states, along with the Minister of the Federal Capital Territory, Abuja, were named as respondents in the suit.
The suit, filed on January 19 at the Federal High Court in Lagos, seeks the court’s determination on the matter.
It reads, “Whether the Respondents are not under a legal obligation to provide free, compulsory and Universal basic education for every Nigerian child of school age by section 2(1) of the Compulsory, Free Universal Basic Education Act, LFN, 2004.
“Whether the refusal or failure of the Respondents to contribute not less than 50% of the total cost of projects as its commitment to the execution of the free, compulsory education project for every Nigerian child of school age is illegal as it violates section 11(2) of the Compulsory, Free Universal Basic Education Act, Laws of the Federation of Nigeria, 2004.
“Whether the Respondents are not under a legal obligation to provide free, compulsory and Universal basic education for every Nigerian child of school age by section 2(1) of the Compulsory, Free Universal Basic Education Act, LFN, 2004.”