The Delta State High Court of Justice Warri, presided by Hon. Justice Anthony O. Akpovi J, on Thursday 27 February 2025 held that the 16 years minimum admission age into universities set by the Joint Admissions and Matriculation Board (JAMB) is unconstitutional.
His Lordship in Suit No. W/311/FHR/2024, John Aikpokpo-Martins v Joint Admissions and Matriculation Board (JAMB) & 4 Ors. gave judgment in favour of John Aikpokpo-Martins. John Aikpokpo-Martins had filed a public interest case seeking the following reliefs:
- A Declaration that by virtue of the combined effect of sections 18(1) and 42 of the constitution of the Federal Republic of Nigeria, the restriction of the minimum admissible age into Nigerian universities fixed at 16 years by the 1st defendant and/or any other person or authority violates the constitutional mandate/directive for equal educational opportunities at all levels for all citizens as provided for under the said section 18 (1) and the freedom from discrimination as guaranteed by section 42 of the Federal Republic of Nigeria 1999 and is therefore unconstitutional, null and void.
- A DECLARATION that the circular of the 1st respondent dated the 16th day of October, 2024 captioned “Admission of Candidates With Minimum Admissible Age Of 16 Years” signed by Mohammed A. Babaji to all Nigerian Universities including the 2nd defendant directing them to admit only candidates who will be 16 years old by the 31st day of August 2025 violently violates the fundamental right to freedom from discrimination of the candidates who will be 16 years from the 1st of September, 2025 to the 31st of December, 2025 guaranteed by section 42 of the Constitution of the Federal Republic of Nigeria 1999 and is therefore unconstitutional, null and void and of no effect.
- An Order setting aside the circular of the 1st respondent dated the 16th day of October, 2024 captioned “Admission of Candidates With Minimum Admissible Age Of 16 Years” signed by Mohammed A. Babaji to all Nigerian Universities for being unconstitutional, null and void and of no effect.
- An order directing the respondents to admit and/or issue letters of admission to all those candidates who are due to be 16 years from the 1st of January, 2025 to the 31st of December, 2025 and who met all other admission criteria.
- An order restraining the 2nd respondent from withdrawing the admission already granted to candidates who will 16 years from 1st of September, 2025 to December 2025 on the basis of the 1st respondent’s directive dated the 16th of October, 2024.
- An Order of perpetual injunction restraining the Respondents whether by themselves, their agents, servants, privies and officials from denying candidates admission into Nigerian Universities only on the ground of not haven attained 16 years of age.
An interesting aspect of this case is that A. O. Mohammed, SAN, counsel representing JAMB contended that the court has no jurisdiction to hear and determine the case on the ground that section 18(1) of the 1999 constitution which provides that “government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels” is not justiciable being a part of chapter 2 of the constitution.
John O. Aikpokpo-Martins ., who appeared for himself contended that provisions of chapter 2 of the constitution are ordinarily non-justiciable, however, when such provisions are combined with any provision of the constitution that is justiciable, such provisions of chapter 2 becomes justiciable.
He contended that combining section 18(1) with section 42 of the 199 constitution makes section 18(1) justiciable.
Hon. Justice Anthony O. Akpovi agreed with the submissions, granted his reliefs and entered judgment in his favour except his relief for damages.
