The Delta State High Court 2, sitting in Warri, has ruled that the 16-year minimum age requirement for university admissions set by the Joint Admissions and Matriculation Board (JAMB) is unconstitutional.
Presiding over the case, Hon. Justice Anthony O. Akpovi delivered the judgment on Thursday, February 27, 2025, in Suit No: W/311/FHR/2024, siding with the claimant, John Aikpokpo-Martins, although he dismissed his request for damages.
The case, John Aikpokpo-Martins v. Joint Admissions and Matriculation Board (JAMB) & Ors, challenged the age restriction on constitutional grounds.
Aikpokpo-Martins filed the suit as a public interest case, arguing that the age limit violated sections 18(1) and 42 of the 1999 Constitution of Nigeria. He sought several remedies, including:
- A declaration that restricting university admission to candidates aged 16 and above violated the constitutional guarantee of equal educational opportunities and the right to freedom from discrimination.
- An order invalidating JAMB’s circular from October 16, 2024, which enforced the age limit.
- A directive requiring universities to admit all qualified candidates, regardless of age.
- An injunction preventing JAMB and universities from denying admission solely based on age.
JAMB’s counsel, A. O. Mohammed, SAN, argued that the court lacked jurisdiction, claiming that Section 18(1) of the Constitution, which ensures equal educational opportunities, is non-justiciable because it falls under Chapter 2 of the Constitution.
However, Aikpokpo-Martins, who represented himself, countered that Section 18(1), when combined with Section 42, which guarantees freedom from discrimination, made the provision enforceable. The court agreed with his argument.
As a result of the ruling, any candidate, regardless of age, can now purchase JAMB forms. Those who meet the required cut-off mark for their chosen course and university are eligible for admission.
