The Delta State High Court has declared JAMB’s 16-year minimum age requirement for university admission unconstitutional, allowing qualified candidates of any age to apply.
The Delta State High Court 2 in Warri has ruled that the Joint Admissions and Matriculation Board’s (JAMB) policy setting 16 years as the minimum age for university admission is unconstitutional.
Delivering judgment in Suit No: W/311/FHR/2024 on Thursday, February 27, 2025, Hon. Justice Anthony O. Akpovi upheld the claims brought by John Aikpokpo-Martins, except his request for monetary damages.
Aikpokpo-Martins, a former chairman of the Nigerian Bar Association (NBA), Warri branch, filed the public interest lawsuit challenging JAMB’s age restriction, arguing that it violates sections 18(1) and 42 of the 1999 Constitution.
He sought several declarations, including:
• That the 16-year minimum age for university admission discriminates against younger candidates and violates the constitutional right to equal educational opportunity.
• An order nullifying JAMB’s circular dated October 16, 2024, which enforced the age restriction.
• A directive requiring universities to admit all qualified applicants regardless of age.
• An injunction stopping JAMB and universities from denying admission solely based on age.
Representing JAMB, Senior Advocate of Nigeria (SAN) A. O. Mohammed argued the case was outside the court’s jurisdiction, stating that Section 18(1) of the Constitution is non-justiciable as it belongs to the Constitution’s Chapter 2.
However, Aikpokpo-Martins, who appeared in person, successfully argued that when combined with Section 42’s prohibition against discrimination, Section 18(1) becomes enforceable. The court agreed and ruled in his favor.
As a result of the judgment, JAMB must now allow candidates of any age to register for its examinations, and universities can no longer deny admission based on age, provided applicants meet the required cut-off marks.
READ ALSO: JAMB Warns Parents Against Falsifying Wards’ Ages for Admission
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