Court rules LGs can access UBEC funds directly without state interference

A federal high court in Abuja has ruled that LGs can accessfunds directly from the Universal Basic Education Commission (UBEC) without theinterference of the state universal basic education boards (SUBEB). Delivering judgement on October 13, Emeka Nwite, thepresiding judge, ruled that sections 11(2) and (3) of the UBE Act, 2004, areinconsistent with the 1999 Constitution and therefore “null, void and of noeffect”. The suit marked FHC/ABJ/CS/1536/2020 was filed by one SesughAkume against UBEC and the attorney-general of the federation (AGF). In his ruling, the judge declared that “the local governmentsystem is the third and autonomous tier of government designated by theconstitution and administered by laws enacted by the house of assembly, inaccordance with the constitution, and not an appendage and/or extension of thestate government.” The judge also noted that the national assembly lacked thepower to enact laws placing local government education authorities (LGEAs)under state supervision. He noted that while states may legislate on local governmentadministration, such laws must align strictly with constitutional provisions. Nwite held that the provisions of the UBE Act which requirelocal governments to access counterpart funding through state governmentsviolate sections 7(1) and (5), 318 and item 2(a) of the fourth schedule to theconstitution. “The combined effect of sections 11(2) and (3) of the UBEAct, 2004, is inconsistent with the contemplation, true construction andmeaning of the provisions of section 7(1) and (5) and the fourth schedule item2(a) of the constitution,” the judge ruled. He further declared that local governments, acting throughtheir local government education authorities (LGEAs), are entitled to accessUBE funds directly without hindrance. “Local governments shall individually, through theirrespective local government education authorities (LGEAs), pay up theircounterpart funds and access funds directly from the 1st respondent withouthindrance,” the judge ordered. Nwite also directed UBEC to communicate the judgement to allSUBEBs in the 36 states and the 774 LGEAs within one week. “A declaration is hereby made that the local governmentsystem is the third and an autonomous tier of government originated by theConstitution and administered by laws enacted by the house of assembly, inaccordance with the Constitution, and not an appendage and/or extension of thestate government,” the judgement reads in part. “An order and declaration is hereby made that sections 11(3)and 13(1) of the UBE Act (2004) are inconsistent with sections 7(1) and 5 andthe 4th Schedule Item 2(a) of the Constitution of the Federal Republic ofNigeria, 1999 (As Amended) and therefore unconstitutional, null and void. “An order and declaration is hereby made that localgovernments shall, through their respective Local Government EducationAuthorities (LGEAs), pay up their counterpart funds and access funds directlyfrom the 1st Respondent without hindrance or through the State Universal BasicEducation Boards. “An order is hereby made compelling the Respondents tocommunicate (3) above to all 37 Universal Basic Education Boards and 774 LocalGovernment Education Authorities (LGEAs) within three months of thisjudgement.”

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