Court Declares Free Basic Education An Enforceable Right

A Federal High Court in Abuja has declared that every Nigerian child has the constitutional right to free and compulsory primary education, and free junior secondary education.

In a suit filed by a non-governmental organisation, Legal Defence and Assistance Project (LEDAP), against the Federal Ministry of Education and the Attorney General of the Federation, Justice John Tsoho also declared that the Federal and State governments have constitutional duties to provide adequate funds for it.

In the suit, LEDAP asked the court to determine whether by the combined effect of Section 18 (3)(a) of the 1999 Constitution and Section 2 (1) of the Compulsory, Free Universal Basic Education Act, (UBE) 2004, the right to free and compulsory primary education and free junior secondary education for all qualified Nigerian citizens are enforceable rights in Nigeria.

Justice Tsoho, who relied on a 2002 decision of the Supreme Court, held that by enacting the UBE Act, the National Assembly has made the right to free and compulsory primary and free junior secondary education contain