The Delta State High Court 2, sitting in Warri, has declared the 16-year minimum admission age set by the Joint Admissions and Matriculation Board (JAMB) for university entry unconstitutional.
In a landmark judgment delivered on Thursday, February 27, 2025, Hon. Justice Anthony O. Akpovi ruled in favor of the claimant, John Aikpokpo-Martins, in Suit No: W/311/FHR/2024, but dismissed his request 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 matter, arguing that the age limit violated Sections 18(1) and 42 of the 1999 Constitution of Nigeria, which guarantee equal educational opportunities and protection from discrimination.
Aikpokpo-Martins sought several reliefs, including:
- A declaration that restricting university admission to candidates aged 16 and above violates constitutional rights to equal educational opportunities and freedom from discrimination.
- An order setting aside JAMB’s October 16, 2024, circular enforcing 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 mandates equal educational opportunities, is non-justiciable as it falls under Chapter 2 of the Constitution.
However, Aikpokpo-Martins, representing himself in court, countered that when Section 18(1) is read together with Section 42, which guarantees freedom from discrimination, it becomes enforceable. The court sided with Aikpokpo-Martins’ argument.
As a result of the ruling, any candidate who meets the admission cut-off mark for their chosen course and university, regardless of age, is now eligible to purchase JAMB forms and seek university admission.