The Delta State High Court 2 has ruled as unconstitutional and illegal the 16-year minimum admission age for universities, set by the Joint Admissions and Matriculation Board (JAMB).
Presiding over the case at Warri, Hon. Justice Anthony O. Akpovi ruled in Suit No: W/311/FHR/2024 on Thursday, 27th February 2025, in favour of the claimant, John Aikpokpo-Martins.
The court agreed with his argument that any candidate, regardless of age, should be able to purchase JAMB forms and be admitted into a university upon meeting the admission cut-off mark for their chosen course.
However, the Judge refused the Plaintiff’s prayer for relief and damages.
The case, John Aikpokpo-Martins v. Joint Admissions and Matriculation Board (JAMB) and four ohers, challenged the age restriction on constitutional grounds.
Aikpokpo-Martins, filed the suit as a public interest case, arguing that the age 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 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.”
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.
