In a judgment delivered on October 13, 2025, Justice Emeka Nwite declared that local governments are not subordinate to state governments and nullified sections of the UBE Act that required federal education funds to be administered through State Universal Basic Education Boards. The court ruled that Local Government Education Authorities can now apply for and receive grants directly from the Universal Basic Education Commission without state interference.
The court ordered UBEC and the Attorney-General of the Federation to formally notify all 37 SUBEBs and 774 LGEAs of the decision within three months, with a compliance deadline of January 14, 2026. The judgment emphasized that local governments must access funds directly and fulfill their counterpart funding obligations without SUBEB involvement.
The case was filed by Sesugh Akume, who challenged the constitutionality of provisions that subjected LGEAs to state supervision. Justice Nwite ruled that such provisions violated constitutional guarantees of local government autonomy.
The decision ends a long-standing practice where SUBEBs controlled UBE funds, often leading to unclaimed grants and poor education infrastructure. UBEC records show Nigeria has about 18 million out-of-school children, with many schools lacking adequate teachers and facilities.
The court clarified that while states can legislate on local government administration, such laws must align with the Constitution. The ruling reinforces the UBE policy’s goal of providing free and compulsory basic education, addressing systemic funding bottlenecks at the grassroots level.
