Delta Court Declares JAMB’s 16-Year Age Requirement for University Admission Unconstitutional
A Delta State High Court sitting in Warri has ruled that the Joint Admissions and Matriculation Board (JAMB)’s policy setting 16 years as the minimum age for university admission is unconstitutional.
Court Ruling Details
- The judgment was delivered on Thursday, February 27, 2025, by Hon. Justice Anthony O. Akpovi in Suit No: W/311/FHR/2024.
- The claimant, John Aikpokpo-Martins, challenged JAMB’s age restriction on constitutional grounds.
- The court ruled in favor of Aikpokpo-Martins but denied his request for damages.
Legal Arguments
Aikpokpo-Martins, a former chairman of the Nigerian Bar Association (NBA), Warri, argued that the age restriction violated Sections 18(1) and 42 of the 1999 Constitution, which guarantee:
- Equal educational opportunities
- Freedom from discrimination
He sought the following reliefs:
- A declaration that restricting university admission to candidates aged 16 and above violates the Constitution.
- An order nullifying JAMB’s circular of October 16, 2024, enforcing 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.
JAMB’s Defense & Court’s Decision
- JAMB’s counsel, A. O. Mohammed, SAN, argued that Section 18(1) of the Constitution (which guarantees educational opportunities) is non-justiciable, meaning it cannot be enforced in court as it falls under Chapter 2 of the Constitution.
- However, Aikpokpo-Martins, who represented himself, countered that combining Section 18(1) with Section 42 (which guarantees freedom from discrimination) made the provision legally enforceable.
- The court agreed with Aikpokpo-Martins and ruled against JAMB.
Implications of the Judgment
This ruling could:
Allow younger candidates to gain university admission without age restrictions.
Set a legal precedent for future challenges against admission policies.
Force JAMB and universities to revise their admission criteria.
JAMB is expected to appeal the decision, but for now, the judgment stands as a landmark victory for students and educational rights in Nigeria.
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