In a landmark ruling, the Delta State High Court 2 in Warri has declared the 16-year minimum admission age for universities, imposed by the Joint Admissions and Matriculation Board (JAMB), unconstitutional. The judgment was delivered on Thursday, February 27, 2025, by Hon. Justice Anthony O. Akpovi in Suit No: W/311/FHR/2024.
The case, ‘John Aikpokpo-Martins v. Joint Admissions and Matriculation Board (JAMB) & Four Others’, was filed by John Aikpokpo-Martins, a former chairman of the Nigerian Bar Association (NBA), Warri Branch. Aikpokpo-Martins brought the suit as a public interest case, arguing that JAMB’s age restriction violated Sections 18(1) and 42 of the 1999 Constitution of Nigeria, which guarantee equal educational opportunities and freedom from discrimination, respectively.
In his ruling, Justice Akpovi upheld Aikpokpo-Martins’ claims, except for the request for damages. The court declared that the 16-year age limit for university admission is unconstitutional and ordered the setting aside of JAMB’s circular dated October 16, 2024, which enforced the restriction.
Additionally, the court directed universities to admit all qualified candidates regardless of age and issued an injunction preventing JAMB and universities from denying admission based solely on age.
During the proceedings, JAMB’s counsel, A. O. Mohammed, SAN, argued that the court lacked jurisdiction, asserting that Section 18(1) of the Constitution, which addresses equal educational opportunities, is non-justiciable as it falls under Chapter 2 of the Constitution.
However, Aikpokpo-Martins, who represented himself, successfully countered that combining Section 18(1) with Section 42, which prohibits discrimination, made the provision enforceable. The court agreed with his argument.
This ruling has significant implications for university admissions in Nigeria. With the age restriction lifted, candidates of any age can now purchase JAMB forms and seek admission, provided they meet the required cut-off marks for their chosen courses and institutions.