JAMB looses as Delta Court delivers landmark judgement, says 16yr minimum admission age into varsities unconstitutional

By Osaro Michael, Benin

A former Chairman of the Nigerian Bar Association, Warri, John Aikpokpo-Martins, 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 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 be 16 years from the 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 having 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,’