Activist-lawyer Femi Falana has asked Federal High Court sitting in Lagos to compel the Federal Government, the 36 states and Abuja to provide free and compulsory education up to junior secondary school level.
Falana and his co-plaintiff/applicant, Hauwa Mustapha filed
suit FHC/L/CS/142/2024, for themselves and on behalf of Alliance on Surviving
COVID-19 and Beyond.
The 40 defendants/respondents are federal attorney-general,
Education minister, Universal Basic Education Commission (UBEC), states’
attorneys-general, and Federal Capital Territory minister.
The plaintiffs are seeking a declaration that by Section 2
(1) of the Compulsory, Free Universal Basic Education Act, 2004 the respondents
are legally obligated to provide free, compulsory and universal basic education
for every Nigerian child of primary and junior secondary, school age.
“A declaration that by virtue of Section 11 (1) of
Compulsory Free Universal Basic Education Act, Federal Government shall
contribute a block grant of not less than two per cent of its Consolidated
Revenue Fund to Universal Basic Education Fund on an annual basis.
“A declaration that by virtue of Section 11 (2) of
Compulsory Free Universal Basic Education Act, each state oshall contribute not
less than 50 per cent of the cost of projects as its commitment in execution of
the projects to qualify for Federal Government block grant pursuant to
sub-section 1 (l).
“A declaration that the refusal or failure of the
respondents to access the N68 billion for universal basic education of children
is illegal as it violates Section 11 (2) of the Compulsory Free Universal Basic
Education Act.
“An order directing the fourth-40th respondents to pay the
counterpart fund to access the matching grant of N68 billion in the Account of
Universal Basic Education Fund and report compliance with the order in 30 days
of delivery of the judgment of this court…’’
“An order directing the 4th-40th Respondents to pay the
counterpart fund to access the matching grant in the Account of the Universal
Basic Education Fund as and when due forthwith.”
When the matter came up for hearing on Wednesday, February
14, 2024, before Justice Daniel E. Osiagor of the Federal High Court sitting in
Lagos.
Falana’s lawyer, Taiwo Olawanle moved an ex parte
application for substituted service of the Originating motion to be served on
all the states of the federation who are parties through their liaison houses
in Lagos.
Justice Osiagor granted Olawanle’s application. He ordered
that all the states of the federation be served the originating processes and
other subsequent processes through their liaison houses in Lagos.
He adjourned till May 20, 2024, for hearing.
In his affidavit in support of the motion, Falana stated
that “in view of the fact that the 4th to 40th Respondents have failed to
comply with section 3 of the Education Reforms Act which mandates them to
contribute half (50%) of the total cost of projects to be executed in the State
as their commitment to the execution of the projects, and their failure to
access the matching grants; I wrote a letter and also issued a public statement
calling the attention of the said 4th to 40th Respondents to the need to access
the matching grant.
“As at the date of filing of this suit; none of the
Defendants have complied with the request/demand made by the Applicants while
children of school age have continued to roam the streets.”
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