Human Rights Activist Femi Falana Sues Nigerian Government Over Access to Education Funds
Renowned human rights activist and Senior Advocate of Nigeria, Femi Falana, has taken legal action against the Federal Government, the Minister of Education, the Universal Basic Education Commission (UBEC), and all 36 states. This move addresses the critical issue of out-of-school children in the country.
Femi Falana, accompanied by early childhood education specialist Hauwa Mustapha, filed the suit on behalf of the Alliance on Surviving COVID-19 and Beyond. The central point of contention is the failure to access the N68 billion Universal Basic Education Commission funds allocated to provide free basic education for every Nigerian child of school age.
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The suit, filed on January 19th at the Federal High Court, Lagos, seeks clarification on several key legal points. It questions whether the respondents are legally obligated to offer free, compulsory, and universal basic education for every Nigerian child, citing the Compulsory, Free Universal Basic Education Act of 2004.
In an affidavit sworn to by Femi Falana on January 26, 2024, at the Federal High Court Registry in Lagos, he highlighted a report by the United Nations Children’s Fund (UNICEF). This report estimated a staggering 20.2 million out-of-school children in Nigeria, with one in three children in the country being out of school—the highest number globally.
The respondents include the Attorneys General of the 36 states and the Minister of the Federal Capital Territory, Abuja. Mrs. Funmi Falana, also a Senior Advocate of Nigeria, represents them in the suit.
The applicants are seeking court orders based on the violations alleged. These include declarations that the respondents are legally obligated to provide free, compulsory, and universal basic education, and that the refusal to access the allocated funds is illegal.
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Additionally, the court is requested to direct the 4th-40th respondents (Attorneys General of the states) to pay the counterpart fund of N68 billion into the Universal Basic Education Fund within 30 days of the judgment.
The applicants emphasize the urgency of addressing the dire situation of out-of-school children in Nigeria and the need for immediate action to ensure access to education for all.
