Court Okays Substituted Service In Suit To Provide Free Education For Children

The Federal High Court sitting in Lagos on Wednesday granted an order of substituted service on all states in the Federation in the suit filed by Senior Advocate of Nigeria, Femi Falana, seeking to compel the Federal Government, the 36 states and Abuja to provide free and compulsory education up to junior secondary school level.

At the proceedings before Justice Daniel Osaigor, Falana’s lawyer, Taiwo Olawanle moved an ex parte application for substituted service of the originating motion to be served on the states 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. The court then adjourned till May 20, 2024, for hearing.

Falana and an early childhood education specialist, Hauwa Mustapha filed the suit for themselves and on behalf of the Alliance on Surviving Covid-19 and Beyond.

The duo sued the Federal Government (through the Attorney General of the Federation), the Minister of education, the Universal Basic Education Commission (UBEC), over their failure to access N68bn Universal Basic Education Commission funds to provide free basic education for every Nigerian Child of school age.

The Attorneys General of the 36 states of the Federation and Minister of the Federal Capital Territory, Abuja were also listed as respondents in the suit which was filed through their lawyer, Senior Advocate of Nigeria, Mrs Funmi Falana.

The suit which was filed on January 19th at the Federal High Court, Lagos, asks the court to determine:

“Whether the Respondents are not under a legal obligation to provide free, compulsory and Universal basic education for every Nigerian child of school age by virtue of section 2(1) of the Compulsory, Free Universal Basic Education Act, LFN, 2004.

“Whether the refusal or failure of the Respondents to contribute not less than 50% of the total cost of projects as its commitment to the execution of the free, compulsory education project for every Nigerian child of school age is illegal as it violates section 11(2) of the Compulsory, Free Universal Basic Education Act, Laws of the Federation of Nigeria, 2004.

“Whether the Respondents are not under a legal obligation to provide free, compulsory and Universal basic education for every Nigerian child of school age by virtue of section 2(1) of the Compulsory, Free Universal Basic Education Act, LFN, 2004.”

In an affidavit sworn to by Femi Falana at the Federal High Court Registry in Lagos on January 26, 2024, the senior lawyer noted that a report made public by the United Nations Children’s Fund (UNICEF) recently estimated the total number of out-of-school children in Nigeria to be 20.2 million.

He noted that the report added that one in three children in the country is out of school and that the country has the highest number of out-of-school children in the world.

Falana also 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 filling 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.”