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JAMB appeals court ruling against age restriction policy

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JAMB appeals decision declaring age restriction unconstitutional.JAMB challenges a court decision on admission age restriction.
  • JAMB has appealed a Delta State High Court’s decision to nullify its 16-year minimum age policy for university admissions
  • Justice Anthony ruled that JAMB’s age restriction discriminates against younger candidates
  • JAMB had previously allowed exceptionally brilliant candidates below 16 to sit for UTME

The Joint Admissions and Matriculation Board (JAMB) has challenged a recent court ruling that nullified its policy setting 16 years as the minimum age for university admissions in Nigeria. 

The board has filed an appeal and requested a stay of execution, meaning the age restriction remains in effect until a higher court decides otherwise.

According to TheCable, JAMB’s Head of Public Affairs and Protocol, Fabian Benjamin, confirmed that the board is actively contesting the ruling. 

The Delta State High Court in Warri had previously issued an injunction preventing JAMB from enforcing the 16-year age requirement pending further legal proceedings.

The case was brought to court by lawyer John Aikpokpo-Martins, who argued that the policy violated sections 18(1) and 42 of the 1999 Constitution. 

He contended that denying admission based solely on age discriminates against qualified candidates and restricts equal access to education.

Justice Anthony O. Akpovi ruled in favour of Aikpokpo-Martins, declaring JAMB’s directive unconstitutional. 

The judgement also nullified JAMB’s directive from October 16, 2024, which required candidates to be at least 16 by August 31, 2025, for university admission. 

As a result, the court ordered that all eligible candidates, regardless of age, be allowed to seek admission.

JAMB’s legal representative, A. O. Mohammed, argued that Section 18(1) of the Constitution,  which promotes equal educational opportunities, falls under Chapter 2 and is therefore non-justiciable. 

However, Aikpokpo-Martins countered that when combined with Section 42, which prohibits discrimination, it becomes enforceable. The court agreed with this interpretation and ruled against JAMB.

This legal dispute follows a series of policy changes regarding admission age requirements. 

In July 2024, former Education Minister Tahir Mamman had raised the minimum admission age to 18. 

However, his successor, Tunji Alausa, later revised the policy, reinstating the 16-year threshold.

JAMB had previously allowed exceptions for exceptionally gifted candidates under 16 to sit for the Unified Tertiary Matriculation Examination (UTME). 

However, under normal circumstances, the board maintained that no student under 16 should be eligible for university admission.

With JAMB’s appeal now in motion, the final decision on the age restriction policy will rest with higher courts.

Lawmakers back 18-year minimum age for SSCE, UTME, explain why

Meanwhile, TheRadar earlier reported that the House of Representatives Committee on Basic Education indicated that the Federal Government's recent move to set a minimum age requirement for candidates taking the Senior Secondary School Certificate Examination is likely to be a permanent policy.

The policy, which stipulated a minimum age of 18 for Secondary School Certificate Examination (SSCE) candidates starting in 2025, aims to align educational development with cognitive and physical maturity.

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Aishat AjaoAdmin

Aishat Bolaji is a writer and lifestyle enthusiast. She loves to keep up with news, fashion, and lifestyle.

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