Court Asked to Overturn FG’s Age Restriction for WAEC and JAMB Examinations in Nigeria

A lawsuit has been filed at the Federal High Court in Abuja challenging the Ministry of Education’s policy restricting candidates under 18 from taking WAEC and JAMB exams, arguing it violates children’s rights to education and self-determination.

A suit has been filed at the Federal High Court in Abuja, urging it to nullify an alleged age restriction introduced by the Federal Ministry of Education. This policy reportedly prevents candidates under 18 from taking the West African Examinations Council (WAEC) and Joint Admissions and Matriculation Board (JAMB) exams, limiting their ability to pursue higher education early.

The suit, filed by lawyer Mr. Maxwell Opara on behalf of his son, Chinaemere, challenges the Ministry of Education, JAMB, and the National Universities Commission (NUC) over what the applicant describes as an infringement on children’s rights to education, self-determination, and freedom from discrimination.

The legal action follows a statement by the Minister of Education, Prof. Tahir Mamman, affirming that from 2025, candidates below 18 years will no longer be eligible to sit for JAMB examinations.

In his filing, Opara argues that the new policy is illegal, as it restricts students’ access to education in violation of Nigeria’s 1999 Constitution and the African Charter on Human and Peoples’ Rights. The applicant, Chinaemere, is currently a 15-year-old SS2 student at Sure Start Secondary School and is affected by the policy. According to Opara, the regulation unfairly prevents capable students from advancing academically, irrespective of their brilliance or competence.

Through his counsel, Wayne Chikezie Elijah, Opara is asking the court to declare the age restriction unlawful and unenforceable. He asserts that there are no federal laws preventing younger students from writing WAEC or JAMB exams, nor are there any legal age limits for university admission in Nigeria.

The affidavit accompanying the suit highlights that Chinaemere intends to sit for WAEC, NECO, and JAMB in 2025, aiming to gain university admission by the 2025/2026 academic session. Opara further argues that without the age restriction, his son could complete medical studies and national service by the age of 23, making him eligible for opportunities like recruitment into the Nigerian Armed Forces. However, if delayed until 18, the child may face reduced academic performance and risk completing his education at an older age.

In response to public backlash, the Ministry of Education clarified in September 2024 that the policy does not prevent students under 18 from taking WAEC or NECO exams. Instead, the focus is on enforcing the minimum age of 18 for university admission under the 6-3-3-4 educational system.

The ministry acknowledged that some universities admitted students as young as 10 to 12 years old, calling such practices problematic. However, it also recognized that exceptional cases may exist, where children with extraordinary intellectual abilities qualify for higher education earlier. The ministry promised to develop new guidelines for identifying such exceptional students to ensure fairness in the process.

While a hearing date for the case is yet to be scheduled, this lawsuit adds to the ongoing debate surrounding the ministry’s age policy. Stakeholders are watching closely to see whether the judiciary will uphold or overturn the policy.

This case underscores broader concerns about balancing academic standards with individual student capabilities and ensuring equitable access to education in Nigeria.

READ ALSO:FG Sets 18 Years as Minimum Entry Age Into Tertiary Institutions 

SOURCES: ALLSCHOOL, NAIRAMETRICS