BREAKING NEWS: Court Empowers Local Governments with Direct Access to UBEC Funds

By Emmanuel Kwada 

In a landmark ruling that promises to reshape Nigeria’s education sector, the Federal High Court in Abuja has granted local governments (LGs) the authority to access funds directly from the Universal Basic Education Commission (UBEC), bypassing the long-standing control of state universal basic education boards (SUBEBs).

The decision, delivered by Justice Emeka Nwite on October 13, 2025, declares key provisions of the 2004 UBE Act unconstitutional, marking a significant victory for local autonomy and grassroots education development.

The ruling stems from a suit filed by Sesugh Akume against UBEC and the Attorney General of the Federation, challenging the legal framework that tethered LGs to state oversight for counterpart funding and UBEC allocations.

Justice Nwite ruled that sections 11(2) and (3) of the UBE Act are inconsistent with the 1999 Constitution, rendering them “null, void, and of no effect.”

He emphasized that local governments, as the third tier of government, are autonomous entities under the Constitution, not appendages of state governments.

“This is a game-changer for education funding in Nigeria,” said a senior education analyst who spoke on condition of anonymity. “For years, state boards have delayed or mismanaged funds meant for basic education, leaving schools in rural areas underserved. This ruling could finally put resources directly into the hands of those who need them most.”

The court ordered that LGs, through their respective Local Government Education Authorities (LGEAs), can now pay counterpart funds and access UBEC allocations without interference.

UBEC has been directed to communicate this decision to all 37 SUBEBs and 774 LGEAs within three months, ensuring swift implementation across the nation.

This decision builds on the Supreme Court’s July 2024 ruling, which mandated direct allocation of federation account funds to LGs, further solidifying their financial independence.

The latest judgment specifically targets education funding, a critical area where Nigeria has struggled to meet universal basic education goals.

With an estimated 10.2 million children still out of school, according to UNESCO, stakeholders hope this move will accelerate infrastructure development, teacher recruitment, and learning material distribution at the local level.