In a groundbreaking ruling, the Delta State High Court in Warri has declared the 16-year minimum admission age policy set by the Joint Admissions and Matriculation Board (JAMB) as unconstitutional. The judgment, delivered by Hon. Justice Anthony O. Akpovi on February 27, 2025, follows a suit filed by John Aikpokpo-Martins, a former chairman of the Nigerian Bar Association (NBA), Warri branch.
Challenging JAMB’s Age Restriction
Aikpokpo-Martins took JAMB to court over its age restriction, arguing that the policy was a violation of fundamental rights as enshrined in the 1999 Constitution of Nigeria. According to him, setting a minimum age of 16 for university admission discriminates against younger students who may be academically qualified but unable to apply due to their age.
In his argument, he cited Sections 18(1) and 42 of the Nigerian Constitution, which guarantee equal educational opportunities and freedom from discrimination. He contended that the JAMB policy unfairly prevents exceptionally gifted students under 16 from progressing in their academic journey, even if they meet all other admission requirements.
Court’s Ruling and Legal Implications
JAMB’s legal representative, A. O. Mohammed, SAN, defended the policy, asserting that Section 18(1) of the Nigerian Constitution is non-justiciable, meaning it cannot be legally enforced as it falls under Chapter 2 of the Constitution.
However, Aikpokpo-Martins, who represented himself in court, countered that when Section 18(1) is read alongside Section 42, which guarantees freedom from discrimination, the provision becomes legally enforceable. The court upheld this interpretation and ruled in favor of the claimant, striking down the 16-year age restriction for JAMB applicants.
What This Means for JAMB Candidates
Following this landmark ruling, candidates of any age who meet the necessary academic qualifications will now be eligible to sit for the JAMB UTME and apply for university admission. This effectively means that exceptionally young and gifted students can now be admitted into Nigerian universities without any age restrictions.
Before this ruling, students who were younger than 16 had to wait or seek special exceptions, despite their academic competence. With this judgment, age will no longer be a barrier for students who meet university admission requirements.
A New Era for Nigerian Education?
The decision has sparked widespread reactions within the education sector. Some stakeholders support the ruling, arguing that it promotes academic freedom and equal opportunities, while others worry that very young students may struggle with the maturity needed for university life.
JAMB and the Federal Ministry of Education are yet to officially respond to the ruling, and it remains to be seen whether the examination body will appeal the decision or adjust its policies accordingly.
Conclusion
This ruling is a historic moment for education in Nigeria, as it challenges a long-standing admission policy. With JAMB 2025 registration currently ongoing, the impact of this judgment will likely be felt immediately, especially among younger candidates who had previously been barred from sitting for the exam due to age restrictions.
As the debate continues, one thing is certain—this court ruling has reshaped university admission policies in Nigeria, opening new doors for students regardless of their age.