The Joint Admissions and Matriculation Board’s (JAMB) 16-year minimum entry limit for universities has been declared unlawful in a ruling given by the Delta State High Court 2, sitting in Warri.
On Thursday, 27 February 2025, in Suit No: W/311/FHR/2024, presided over by Hon. Justice Anthony O. Akpovi, the claimant, John Aikpokpo-Martins, was found in favor, with the exception of his relief for damages.
Using constitutional arguments, the case of John Aikpokpo-Martins v. Joint Admissions and Matriculation Board (JAMB) & four others challenged the age restriction. As a public interest matter, Aikpokpo-Martins sued, claiming that the age restriction was unconstitutional under sections 18(1) and 42 of Nigeria’s 1999 constitution.
- Among the reliefs he sought were: “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 of 16 October 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.
A. O. Mohammed, SAN, counsel for JAMB, contended that the court lacked jurisdiction, asserting that Section 18(1) of the Constitution, which ensures equal educational opportunity, is non-justiciable as it is encompassed within Chapter 2 of the Constitution.
Aikpokpo-Martins, representing himself, argued that the conjunction of Section 18(1) with Section 42, which ensures freedom from discrimination, rendered the provision enforceable. The court concurred with his argument.
Subsequent to the verdict, any candidate, irrespective of age, is now permitted to acquire JAMB forms. Anyone who meets the admission cut-off mark for their selected program and institution are now qualified for enrollment.
Nawa o