16-Year Minimum Admission Age Set By JAMB Unconstitutional – Court Rules

The Delta State High Court 2, located in Warri, has issued a ruling stating that the 16-year minimum age requirement for university admissions, established by the Joint Admissions and Matriculation Board (JAMB), is unconstitutional.

Hon. Justice Anthony O. Akpovi, who presided over the matter, delivered the judgment in Suit No: W/311/FHR/2024 on Thursday, 27 February 2025, siding with the claimant, John Aikpokpo-Martins, on all points except his request for damages.

The legal action, titled John Aikpokpo-Martins v. Joint Admissions and Matriculation Board (JAMB) & four others, contested the age limitation based on constitutional principles.

Aikpokpo-Martins, who brought the suit forward as a matter of public interest, contended that the age restriction infringed upon sections 18(1) and 42 of the 1999 Constitution of Nigeria.

He requested multiple remedies, including:
“A declaration that restricting university admission to candidates aged 16 and above violates the constitutional mandate for equal educational opportunities and the right to freedom from discrimination.

“An order setting aside JAMB’s circular of 16 October 2024, which enforced the age limit.

“A directive compelling universities to admit all qualified candidates, regardless of age.

“An injunction restraining JAMB and universities from denying admission solely based on age.”

JAMB’s legal representative, A. O. Mohammed, SAN, argued that the court had no authority to rule on the matter, asserting that Section 18(1) of the Constitution, which ensures equal educational opportunities, cannot be legally enforced as it is categorized under Chapter 2 of the Constitution.

Nevertheless, Aikpokpo-Martins, acting as his own counsel, responded by asserting that pairing Section 18(1) with Section 42, which ensures freedom from discrimination, rendered the provision actionable. The court found his reasoning persuasive.

As a result of the decision, any candidate, irrespective of age, is now permitted to obtain JAMB forms. Anyone achieving the admission cut-off mark for their preferred course and university is now qualified for admission.

A Gentle Reminder: Every obstacle is a stepping stone, every morning; a chance to go again, and those little steps take you closer to your dream.

Nnamdi Okoli