JAMB Age Limit Unconstitutional —Court Declares 

JAMB Age Limit Unconstitutional —Court Declares 

A Delta State High Court in Warri has ruled against the Joint Admissions and Matriculation Board (JAMB), declaring the requirement of a minimum admission age of 16 years for universities as unconstitutional.

Presiding over the case, Justice Anthony Akpovi delivered the judgment in Suit No: W/311/FHR/2024, filed by John Aikpokpo-Martins against JAMB and four others.

In his ruling, Justice Akpovi upheld Aikpokpo-Martins’ arguments, granting the reliefs sought and ruling in his favor. However, the court declined his request for damages.

Aikpokpo-Martins, a former chairman of the Nigerian Bar Association (NBA), Warri Branch, had initiated the public interest lawsuit, seeking specific reliefs, including the nullification of the age restriction.

“A declaration that by virtue of the combined effect of sections 18(1) and 42 of the constitution of the Federal Republic of Nigeria, the restriction of the minimum admissible age into Nigerian universities fixed at 16 years by the 1st defendant and/or any other person or authority violates the constitutional mandate/directive for equal educational opportunities at all levels for all citizens as provided for under the said section 18 (1) and the freedom from discrimination as guaranteed by section 42 of the Federal Republic of Nigeria 1999 and is therefore unconstitutional, null and void.

“A declaration that the circular of the 1st respondent dated the 16th day of October, 2024 captioned “Admission of Candidates With Minimum Admissible Age Of 16 Years” signed by Mohammed A. Babaji to all Nigerian Universities including the 2nd defendant directing them to admit only candidates who will be 16 years old by the 31st day of August 2025 violently violates the fundamental right to freedom from discrimination of the candidates who will be 16 years from the 1st of September, 2025 to the 31st of December, 2025 guaranteed by section 42 of the Constitution of the Federal Republic of Nigeria 1999 and is therefore unconstitutional, null and void and of no effect.

“An order setting aside the circular of the 1st respondent dated the 16th day of October, 2024 captioned “Admission of Candidates With Minimum Admissible Age Of 16 Years” signed by Mohammed A. Babaji to all Nigerian Universities for being unconstitutional, null and void and of no effect.

“An order directing the respondents to admit and/or issue letters of admission to all those candidates who are due to be 16 years from the 1st of January, 2025 to the 31st of December, 2025 and who met all other admission criteria.

“An order restraining the 2nd respondent from withdrawing the admission already granted to candidates who will 16 years from 1st of September, 2025 to December 2025 on the basis of the 1st respondent’s directive dated the 16th of October, 2024.

“An order of perpetual injunction restraining the Respondents whether by themselves, their agents, servants, privies and officials from denying candidates admission into Nigerian Universities only on the ground of not haven attained 16 years of age.”