Falana: FG, State Govts, LGAs should register 20m out of school children before Jan 15 otherwise…

Femi Falana, SAN

Mr Femi Falana, a Senior Advocate of Nigeria, has urgently called on the Federal Government, State Governments, and the 774 Local Governments to adopt remedial measures to ensure the immediate registration of the 20.2 million out-of-school children in schools.

In his words, “If the said sum of N68 billion unmatched grant is not accessed by the 36 state governments and the Federal Capital Territory before January 15, 2024, we shall seek an order of mandamus to compel them to do so forthwith.”

Read details in the statement he issued below:

Refusal of state govts to access N68bto educate20.2m children

In early 2023, the United Nations Children Emergency Fund estimated the total number of out-of-school children in Nigeria to be 20.2 million.The report disclosed that one in three children in Nigeria is out of school, totalling 10.2 million at the primary level, and 8.1 million at the junior secondary school level. It said one in every five out-of-school children in the world is in Nigeria. Over 60 per cent of the illiterate are in the North. The report has confirmed that Nigeria has the highest number of out-of-school children in the world.

Disturbed by the figure of out-of-school children, we requested the Universal Basic Education Commission to furnish us with information on access to UBEC fund by the 36 state governments and the Federal Capital Territory In its prompt reply to our letter, the UBEC disclosed that the total unaccessed matching grant from all states of the Federation and the Federal Capital Territory stood at N68, 737, 873, 073. 52 as of 11th December 2023. The letter of the UBEC dated 11th December 2023 is hereby attached for y

In view of the fact that state governments 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 its own commitment in the execution of the projects, we are compelled to call on the UBEC to disburse the fund directly.

This call is in line with the combined effect of sections 12 and 17 which have saddled the Commission with the responsibility to ensure effective implementation, evaluation and monitoring of the Universal Basic Education programme of the Federal Government and help teachers, schools managers and other stakeholders in Basic and Secondary Education institutions in Nigeria to identify areas of deficiencies in achieving curriculum goals and help to remedy these deficiencies.

As a matter of urgency, we call on the Federal Government, State Governments, and the 774 Local Governments to adopt remedial measures to ensure the immediate registration of the 20.2 million out-of-school children in schools. If the said sum of N68 billion unmatched grant is not accessed by the 36 state governments and the Federal Capital Territory before January 15, 2024, we shall seek an order of mandamus to compel them to do so forthwith.

Femi Falana SAN,
Alliance on Surviving Covid 19 and Beyond (ASCAB),
December 28, 2023.

Below are the relevant documents:

November 24, 2023

The Executive Secretary,
Universal Basic Education Commission,
UBEC Building,
No 7, Gwani Street,
Wuse Zone 4,
Abuja.

REQUEST FOR INFORMATION ON PAYMENT OF COUNTERPART FUND BY FCT & 36 STATE GOVERNMENTS OF THE FEDERATION.

We are a firm of legal practitioners committed to the defence of human rights, the rule of law and public accountability in Nigeria.

We have confirmed that unaccessed matching grant by State governments and the FCT Administration from 2005 – 2023 stands at N80,139,220,052.59 (Eighty Billion, One Hundred and Thirty Nine Million, Two Hundred and Twenty Thousand, Fifty Two Naira and Fifty Nine Kobo)

In view of the growing number of out-of-school children in Nigeria, we are compelled to request for information on the provision of counterpart funding by the 36 State Governments and Federal Capital Territory Administration to access the outstanding matching grants.

As this request is made pursuant to the provisions of the Freedom of Information Act 2011, you are required to accede to our request within seven days of the receipt of this letter.

While expecting your reply to this letter, please accept the assurances of our highest esteem and professional regards.

Yours sincerely,

FEMI FALANA, SAN, FCI Arb.