BREAKING: FG Declares LG Autonomous, Ends State Control Of UBE Funds
The Federal High Court sitting in Abuja has declared local governments an autonomous third tier of government and struck down key provisions of the Universal Basic Education (UBE) Act, 2004, that placed them under state control.
In a landmark judgment delivered on October 13, 2025, Justice Emeka Nwite held that local governments are distinct constitutional entities and not appendages of state governments. The court ruled that any law subjecting local governments or their agencies to state supervision violates the 1999 Constitution (as amended).
Consequently, the court nullified Sections 11(3) and 13(1) of the UBE Act, 2004, which mandated that Local Government Education Authorities (LGEAs) operate under the supervision of State Universal Basic Education Boards (SUBEBs) and required UBE funds to be administered through states.
Justice Nwite held that the provisions are inconsistent with Sections 7(1) and (5) and Item 2(a) of the Fourth Schedule of the Constitution, declaring them unconstitutional, null, and void.
“The local government system is the third and an autonomous tier of government originated by the Constitution,” the judge ruled, adding that laws placing local governments or their agencies under state control undermine constitutional intent.
The court further ordered that local governments, through their respective LGEAs, are now entitled to apply for and receive UBE grants directly from the Universal Basic Education Commission (UBEC), without passing through SUBEBs. It emphasized that local governments “shall,” not “may,” access the funds directly, provided they pay their required counterpart funding.
In addition, the court directed UBEC and the Attorney-General of the Federation to formally notify all 37 State Universal Basic Education Boards and the 774 Local Government Education Authorities of the judgment within three months. The deadline for compliance expires on January 14, 2026.
The suit, marked FHC/ABJ/CS/1536/2020, was filed by Sesugh Akume against UBEC and the Attorney-General of the Federation. The applicant challenged the constitutionality of sections of the UBE Act that subjected LGEAs to state supervision and centralized the administration of federal education funds at the state level.
Justice Nwite also clarified that while states may enact laws relating to local government administration, such laws must strictly conform to constitutional provisions. He stressed that the National Assembly lacks the power to place LGEAs under state control through federal legislation.
The judgment effectively ends the long-standing practice where SUBEBs applied for and administered UBE funds on behalf of local governments—an arrangement widely criticized for delays, mismanagement, and failure to access available funds.
UBEC has previously disclosed that hundreds of billions of naira in UBE funds remain unclaimed, despite Nigeria’s worsening education crisis. Official records indicate that about 18 million children are out of school, with many public schools facing severe shortages of teachers, dilapidated infrastructure, and unpaid staff.
Under Nigeria’s UBE policy, every child is entitled to free and compulsory primary and junior secondary education, including textbooks, learning materials, uniforms, and other essential supplies. Education stakeholders have long argued that centralized state control of UBE funds has contributed to poor service delivery at the grassroots.
With this ruling, local governments are expected to play a more direct and accountable role in basic education delivery across the country.
