The Joint Admissions and Matriculations Board (JAMB) has appealed a Federal High Court judgement, declaring the post-Unified Tertiary Matriculation Examination (post-UTME) conducted by universities, polytechnics and colleges of education in Nigeria illegal.

JAMB Registrar, Professor Is-haq Oloyede gave the information in reaction to enquiries by online medium, PREMIUM TIMES, following a report in The Guardian newspaper about the court judgement delivered in March 2017.

The court, which sat in Abuja had ruled that there was no law directing the universities, polytechnics and colleges of education in the country to compel candidates seeking admission to be subjected to post-UTME.

Justice John Tsoho, while delivering judgement in a suit the Legal Defence and Assistance Project (LEDAP) filed against JAMB, the Minister of Education and the National Universities Commission (NUC), held that only the Board could conduct matriculation examinations and admit candidates into tertiary institutions by virtue of section 5 (1) (2) of the JAMB Act. LEDAP obtained a certified true copy of the judgment in February, this year.

The judge ruled that the defendants had no authority to direct tertiary institutions to conduct further screening of candidates after they had sat for the JAMB exam.

A perpetual injunction was also granted restraining the institutions of higher learning from conducting the post-UTME or any other form of admission screening tests.

LEDAP had argued that Section 5 (1) (2) of the JAMB Act provides that the body should conduct matriculation examinations for admissions into all tertiary institutions.

Subsection (2) (3) provides: “JAMB shall be responsible for determining matriculation requirements and conducting examinations leading to undergraduate admissions and also for admission to National Diploma and the Nigerian Certificate in Education courses.”

LEDAP further argued that had the tertiary institutions had been conducting tests and screening candidates seeking admission in violation of section 5 (10) (2) of the JAMB Act since 2005.

The court upheld the plaintiff’s argument and ruled that the defendants had the responsibility to ensure compliance with the JAMB Act.

Meanwhile, candidates seeking admission into the tertiary institutions have to wait for the decision of the Court of Appeal on the matter.
Should JAMB lose the case at the appellate court, it may proceed to the Supreme Court for a final decision.

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