The Delta State High Court 2 in Warri has ruled that the 16-year minimum admission age set by the Joint Admissions and Matriculation Board (JAMB) is unconstitutional.
Presiding over Suit No: W/311/FHR/2024 on Thursday, 27 February 2025, Hon. Justice Anthony O. Akpovi ruled in favour of the claimant, John Aikpokpo-Martins, except for his relief for damages.
The case, John Aikpokpo-Martins v. Joint Admissions and Matriculation Board (JAMB) & Four Others, challenged the age restriction on constitutional grounds.
Aikpokpo-Martins filed the suit as a public interest case, arguing that the restriction violated Sections 18(1) and 42 of the 1999 Constitution of Nigeria. He sought several reliefs, including:
- A declaration that restricting university admission to candidates aged 16 and above violates the constitutional right to equal educational opportunities and 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 based solely on age.
JAMB’s counsel, A. O. Mohammed, SAN, argued that the court lacked jurisdiction, claiming that Section 18(1) of the Constitution, which guarantees equal educational opportunities, is non-justiciable as it falls under Chapter 2 of the Constitution.
However, Aikpokpo-Martins, who represented himself, countered that combining Section 18(1) with Section 42, which guarantees freedom from discrimination, made the provision enforceable. The court agreed with his argument.
Following the ruling, any candidate, regardless of age, can now purchase JAMB forms. Those who meet the admission cut-off mark for their chosen course and university are now eligible for admission.
