A Delta State High Court sitting in Warri has delivered a judgment against the Joint Admissions and Matriculation Board, JAMB, declaring that the 16 years minimum admission age into universities is unconstitutional.
The court presided over by Justice Anthony Akpovi handed
down the judgment in Suit No: W/311/FHR/2024.
The matter was between John Aikpokpo-Martins v Joint
Admissions and Matriculation Board (JAMB) & 4 Ors.
Delivering judgment, Justice Akpovi agreed with the
submissions and the case of Aikpokpo-Martins and granted his reliefs and
entered judgment in his favour.
The court however refused to grant his relief for damages.
John Aikpokpo-Martins, a former chairman of the Nigerian Bar
Association, NBA, Warri Branch, had earlier 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.”
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