Reported By Mary Udezue | Edited by: Gabriel Osa
Abuja — In a landmark judgment that could reshape grassroots governance and the delivery of public services in Nigeria, the Federal High Court in Abuja has declared local governments autonomous, effectively ending state government control over Universal Basic Education (UBE) funds previously routed through State Universal Basic Education Boards (SUBEBs). The ruling is a significant development in the long‑running legal and political battle over the financial independence and constitutional status of local government councils.
Delivered on 13 October 2025 by Justice Emeka Nwite, the court’s decision invalidated key provisions of the Universal Basic Education (UBE) Act 2004 that had placed Local Government Education Authorities (LGEAs) under the supervision and financial control of SUBEBs. The lawsuit that prompted the ruling — filed by Sesugh Akume — challenged the constitutionality of sections of the UBE Act that effectively subordinated local councils to state authorities for the administration and disbursement of federal education grants.
In the judgment, the court reaffirmed that local governments are a distinct and autonomous tier of government as enshrined in the 1999 Constitution of the Federal Republic of Nigeria, and not mere appendages or extensions of state governments. Justice Nwite ruled that relevant sections of the UBE Act — including Sections 11(3) and 13(1) — were inconsistent with constitutional provisions governing the independent status of local governments and therefore “unconstitutional, null and void.” The judge further held that laws subjecting LGEAs to control or supervision by state governments violated constitutional federalism.
One of the most consequential aspects of the ruling requires the Universal Basic Education Commission (UBEC) and the Attorney‑General of the Federation to formally notify all 37 State Universal Basic Education Boards and the 774 LGEAs nationwide of the decision within three months. Importantly, the court declared that LGEAs are entitled to apply for and receive federal UBE funds directly from UBEC, without interference or intermediary processing through state governments or SUBEBs.
The judgment directly confronts a long‑standing practice in Nigeria whereby federal education grants — designated to improve basic education quality and access — were channelled through state systems that often exercised discretionary control over whether, how and when funds actually reached local schools or councils. Critics of the previous system have argued that this arrangement contributed to chronic underfunding, stalled projects, and a worsening education crisis in many parts of the country, including dilapidated school facilities and shortages of teachers and learning materials.
Under the Universal Basic Education programme, every Nigerian child is legally entitled to free and compulsory basic education, including primary and junior secondary schooling. The federal government’s matching grants to states and LGEAs have been a cornerstone of efforts to implement this policy. However, centralised control at the state level often meant local authorities lacked both the financial autonomy and administrative capacity to tailor educational interventions to the specific needs of their communities.
Beyond education financing, the ruling builds upon a series of judicial pronouncements affirming local government financial autonomy as part of Nigeria’s federal structure. Earlier judgments by the Supreme Court have held that statutory allocations from the Federation Account should be paid directly to local government councils rather than through state governments, reinforcing the notion that states cannot unilaterally withhold or absorb funds meant for local councils. (
Supporters of local government autonomy argue that such decisions strengthen democratic governance and improve accountability at the grassroots, enabling local elected officials to plan, budget, and execute projects that respond to the real priorities of their communities. Proponents also say that direct funding can reduce corruption and bureaucratic bottlenecks that have historically plagued the disbursement of federal grants. Critics, however, contend that autonomy must be matched with robust capacity building, oversight and transparent financial management systems to prevent mismanagement at the local level.
The court’s declaration is also expected to have broader implications for the implementation of Nigeria’s federal constitutional principles, particularly regarding the status and powers of the third tier of government. While local governments are constitutionally recognised as a tier of government, their practical autonomy has often been compromised by state laws and administrative practices that place them under state supervision. This ruling challenges those norms and could trigger fresh efforts by councils to assert greater control over their governance and resources.
For education stakeholders, civil society advocates and local communities, the judgment has raised both hope and questions about what the next steps will look like. While access to direct funding is expected to improve local education delivery and planning, critics stress that sustainability will hinge on effective oversight, capacity enhancement for local officials, and the timely compliance of UBEC and state agencies with the court’s directive.
The court’s order setting a 14 January 2026 deadline for notification and implementation means that the coming weeks will be critical in determining how swiftly local authorities can begin to exercise their new autonomy and access federal UBE funds independently.
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