Court rules LGs can access UBEC funds directly without state interference

A federal high court in Abuja has ruled that LGs can access funds directly from the Universal Basic Education Commission (UBEC) without the interference of the state universal basic education boards (SUBEB).

Delivering judgement on October 13, Emeka Nwite, the presiding judge, ruled that sections 11(2) and (3) of the UBE Act, 2004, are inconsistent with the 1999 Constitution and therefore “null, void and of no effect”.

The suit marked FHC/ABJ/CS/1536/2020 was filed by one Sesugh Akume against UBEC and the attorney-general of the federation (AGF).

In his ruling, the judge declared that “the local government system is the third and autonomous tier of government designated by the constitution and administered by laws enacted by the house of assembly, in accordance with the constitution, and not an appendage and/or extension of the state government.”

The judge also noted that the national assembly lacked the power to enact laws placing local government education authorities (LGEAs) under state supervision.

He noted that while states may legislate on local government administration, such laws must align strictly with constitutional provisions.

Nwite held that the provisions of the UBE Act which require local governments to access counterpart funding through state governments violate sections 7(1) and (5), 318 and item 2(a) of the fourth schedule to the constitution.

“The combined effect of sections 11(2) and (3) of the UBE Act, 2004, is inconsistent with the contemplation, true construction and meaning of the provisions of section 7(1) and (5) and the fourth schedule item 2(a) of the constitution,” the judge ruled.

He further declared that local governments, acting through their local government education authorities (LGEAs), are entitled to access UBE funds directly without hindrance.

“Local governments shall individually, through their respective local government education authorities (LGEAs), pay up their counterpart funds and access funds directly from the 1st respondent without hindrance,” the judge ordered.

Nwite also directed UBEC to communicate the judgement to all SUBEBs in the 36 states and the 774 LGEAs within one week.

“A declaration is hereby made that the local government system is the third and an autonomous tier of government originated by the Constitution and administered by laws enacted by the house of assembly, in accordance with the Constitution, and not an appendage and/or extension of the state 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 and the 4th Schedule Item 2(a) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and therefore unconstitutional, null and void.

“An order and declaration is hereby made that local governments shall, through their respective Local Government Education Authorities (LGEAs), pay up their counterpart funds and access funds directly from the 1st Respondent without hindrance or through the State Universal Basic Education Boards.

“An order is hereby made compelling the Respondents to communicate (3) above to all 37 Universal Basic Education Boards and 774 Local Government Education Authorities (LGEAs) within three months of this judgement.” (The cable)