The Delta State High Court in Warri has declared the Joint Admissions and Matriculation Board’s (JAMB) policy of setting a minimum admission age of 16 years for Nigerian universities as unconstitutional.
The ruling, delivered by Justice Anthony Akpovi, challenges the age restriction imposed by JAMB, asserting that it violates the constitutional mandate for equal educational opportunities and freedom from discrimination.
The case was filed by John Aikpokpo-Martins, a former chairman of the Nigerian Bar Association’s Warri branch, who filed a public interest lawsuit against JAMB and other respondents.
Aikpokpo-Martins contended that the age restriction infringed upon sections 18(1) and 42 of the Nigerian Constitution, which guarantee equal educational opportunities and protection from discrimination.
Justice Akpovi concurred with the plaintiff’s arguments, declaring the 16-year minimum admission age unconstitutional. The court granted several reliefs sought by Aikpokpo-Martins, including:
A declaration that the age restriction violates constitutional provisions for equal educational opportunities and freedom from discrimination.
An order setting aside JAMB’s circular dated October 16, 2024, which enforced the age restriction.
An injunction preventing JAMB and associated institutions from denying admission to candidates solely based on not having attained 16 years of age.
However, the court declined to award damages to the plaintiff.
This judgment implies that Nigerian universities can admit candidates under the age of 16, provided they meet other admission criteria.
The ruling emphasizes that age should not be a barrier to accessing higher education, aligning with constitutional provisions that promote equal educational opportunities for all citizens.
The court’s decision has been met with varied reactions. Advocates for educational reform have lauded the ruling as a progressive step toward inclusivity in higher education.
Conversely, some education stakeholders expressed concerns about the preparedness of younger students for university life.
As of now, JAMB has not issued an official response to the ruling. It remains to be seen whether the board will appeal the decision or adjust its admission guidelines to comply with the court’s judgment