The Joint Admissions and Matriculation Board (JAMB) says it has sought a stay of execution on a ruling that nullified its minimum age policy around tertiary school admissions.
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In October 2024, a Delta state high court ruled that JAMB, which oversees admission into Nigeria’s tertiary schools through its annual examination, can no longer impose a minimum age requirement.
The judgment, delivered by Justice Anthony O. Akpovi in Warri, followed a lawsuit filed by lawyer John Aikpokpo-Martins.
Aikpokpo-Martins argued that JAMB’s restriction of university admissions to candidates aged 16 and above violated sections 18(1) and 42 of the 1999 Constitution.
The court ruled that the policy discriminates against qualified candidates solely based on age, denying them equal educational opportunities.
It declared the policy unconstitutional.
JAMB’s directive of 16 October 2024, which mandated tertiary institutions to admit only candidates who turn 16 by 31 August 2025, was also declared null and void.
The court ordered universities and JAMB to admit all qualified candidates who meet requirements, regardless of their date of birth.
An injunction was granted, preventing JAMB and all universities from enforcing any age-related restrictions on admissions.
During proceedings, JAMB’s counsel, A. O. Mohammed SAN, argued that section 18(1) of the Constitution, which mandates equal educational opportunities, is non-justiciable as it falls under Chapter 2 of the Constitution.
Aikpokpo-Martins, who represented himself, countered that when a non-justiciable provision is combined with an enforceable one—such as section 42, which guarantees freedom from discrimination—it becomes legally binding.
The court sided with Aikpokpo-Martins, ruling that the age restriction was unconstitutional.
In July 2024, Tahir Mamman, the immediate past minister for education, had set 18 as the minimum age for admissions.
Following his removal, Mamman’s successor Tunji Alausa reversed the policy to cap the admission age at a minimum of 16.
JAMB had added that exceptionally brilliant candidates below 16 could sit for its annual Unified Tertiary Matriculation Examination.
This meant that, under the normal protocol, no candidate below age 16 would be deemed eligible for the UTME or admission.
On Friday, Fabian Benjamin, JAMB’s head of public affairs and protocol, said the board has filed an appeal on the high court ruling.
He said JAMB has requested a stay of execution, meaning the 16-year minimum still stands until the higher courts say otherwise.
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