On February 27, 2025, the Delta State High Court in Warri ruled that the Joint Admissions and Matriculation Board’s (JAMB) policy setting a minimum admission age of 16 for universities is unconstitutional. Presiding over the case, Hon. Justice Anthony O. Akpovi delivered the judgment in favor of the claimant, John Aikpokpo-Martins, in Suit No: W/311/FHR/2024.
Aikpokpo-Martins, a former chairman of the Nigerian Bar Association (NBA) Warri branch, filed the suit as a public interest case. He contended that JAMB’s age restriction violated sections 18(1) and 42 of the 1999 Constitution of Nigeria, which guarantee equal educational opportunities and freedom from discrimination, respectively.
The claimant sought several reliefs, including:
- A declaration that restricting university admission to candidates aged 16 and above violates the constitutional mandate for equal educational opportunities and the right to freedom from discrimination.
- An order setting aside JAMB’s circular dated October 16, 2024, which enforced the age limit.
- A directive compelling universities to admit all qualified candidates, regardless of age.
- An injunction restraining JAMB and universities from denying admission solely based on age.
Representing JAMB, counsel A. O. Mohammed, SAN, argued that the court lacked jurisdiction, asserting that Section 18(1) of the Constitution is non-justiciable as it falls under Chapter 2. However, Aikpokpo-Martins, who represented himself, countered that when combined with Section 42, which guarantees freedom from discrimination, the provision becomes enforceable. The court concurred with this interpretation.
As a result of this ruling, candidates of any age can now purchase JAMB forms. Those who meet the admission cut-off marks for their chosen courses and universities are eligible for admission, irrespective of their age.
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