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.
On Thursday, 27 February 2025, Hon. Justice Anthony O. Akpovi delivered the judgment in Suit No: W/311/FHR/2024, ruling in favour of the claimant, John Aikpokpo-Martins, but rejecting his claim for damages.
The case, John Aikpokpo-Martins v. Joint Admissions and Matriculation Board (JAMB) & others, challenged the age restriction on the grounds that it violated constitutional rights.
Aikpokpo-Martins, who filed the suit as a public interest matter, argued that the age limit breached Sections 18(1) and 42 of the 1999 Constitution of Nigeria. His reliefs included:
- A declaration that limiting university admission to candidates aged 16 and above contravenes the constitutional guarantee of equal educational opportunities and freedom from discrimination.
- An order to annul JAMB’s circular of 16 October 2024, which enforced the age limit.
- A directive requiring universities to admit all qualified candidates, irrespective of age.
- An injunction prohibiting JAMB and universities from denying admission solely based on age.
In response, JAMB’s counsel, A.O. Mohammed, SAN, argued that the court lacked jurisdiction, contending 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, argued that combining Section 18(1) with Section 42, which guarantees freedom from discrimination, made the provision enforceable. The court agreed with his position.
As a result of the ruling, any candidate can now purchase JAMB forms, and anyone who meets the required cut-off marks for their chosen course and university is eligible for admission, regardless of age.
