The Delta State High Court 2 in Warri has ruled that the Joint Admissions and Matriculation Board (JAMB)’s 16-year minimum age requirement for university admission is unconstitutional.
Presiding over the case, Hon. Justice Anthony O. Akpovi delivered the judgment in Suit No: W/311/FHR/2024 on Thursday, February 27, 2025, in favor of the claimant, John Aikpokpo-Martins, except for his request for damages.
Aikpokpo-Martins, a former chairman of the Nigerian Bar Association (NBA), Warri, 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 legal remedies, including:
- A declaration that the 16-year age restriction for university admission violates the constitutional right to equal educational opportunities and freedom from discrimination.
- An order nullifying JAMB’s circular of October 16, 2024, which enforced the age limit.
- A directive compelling universities to admit all qualified candidates, regardless of age.
- An injunction preventing JAMB and universities from denying admission based on age.
JAMB’s legal counsel, A. O. Mohammed, SAN, argued that the court lacked jurisdiction, stating 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 upheld his argument.
With this ruling, candidates of any age can now purchase JAMB forms and, upon meeting the required admission cut-off marks, qualify for university admission.
