SS2 student drags JAMB, NUC, Education Ministry to court over admission age limit

Master Chinaemere Opara has dragged the Federal Government and its agencies including the Federal Ministry of Education, the Joint Admissions and Matriculation Board (JAMB) and the National Universities Commission (NUC) to court over the age limit for university admissions.

This followed a recent government policy, which seeks to limit admission into Nigerian universities to applicants who attain the age of 18.

Opara, a 15-year-old Senior Secondary School (SSS) Student, instituted the suit through his guardian, Maxwell Opara, his father and a lawyer, at the Federal High Court in Abuja, on Monday October 14, 2024.

In the originating motion marked: FHC/ABJ/CS/1512/2024 dated September 30 and filed on October 14 by Wayne Elijah, Opara listed the ministry, JAMB and NUC as 1st to 3rd respondents respectively.

In his six reliefs, the applicant sought to declare as discriminatory and unconstitutional, the respondents’ minimum age for admission policy to restrict the age of Nigerian citizens for admission into universities in the country.

Student says admission policy violates his rights

Opara argued that the policy amounted to a gross violation of his right to freedom of expression as guaranteed under Section 42 of the 1999 Constitution, 2011 (as amended) and Article 2, 3, 4, 5, 10, 13(2), 17 and 28 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN.

The SS2 student prayed the court to declare that his right to peaceful assembly and association cannot be limited by the respondents’ admission policy.

He also sought a declaration that the policy infringed on his right to equal access to public service by restricting his age before exercising his right of association and self-determination as to when to enrol to write the West African Examinations Council (WAEC) and/or JAMB exams.

According to the applicant, the right is guaranteed under Article 13(2) and (3) of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN.

Therefore, Opara sought an order of perpetual injunction restraining the respondents, from attempting to disturb, breach or interfere with his rights, as well as an order setting aside the policy.

In the affidavit deposed to by Maxwell, he said he is the biological father of Chinaemere.

He said his son is an SS2 student of Sure Start Secondary School, who is directly affected by the respondents’ minimum age for admission policy.

Maxwell further argued that the policy had impeded Chinaemere’s right to freedom from age discrimination and education as enshrined in the law.

He said his son “read from online newspaper that the 1st respondent stated that there’s no going back on the implementation of his policy which stated that any person below 16 years would not be qualified to get admission in the university no matter how brilliant the person is.

“That since then the applicant believes that his right to education has been or likely to be violated.

“That the applicant would enter SS 3 in this 2024/2025 academic session with his plan/arrangements of writing his WAEC, NECO AND JAMB in 2025 with his expectations of gaining admission in 2025/2026 university academic sessions.

“That I know as of fact that in Nigeria, there is no specific age limit for gaining admission into universities.

“However, candidates typically must have completed their secondary education and sat for WASSCE or its equivalent.

“That I know as of fact that in Nigeria most universities in require candidates to meet certain academic qualifications, such as having a minimum number of credits in relevant subjects and passing the Unified Tertiary Matriculation Examination (UTME).

“That I know as of fact that in Nigeria there is no federal or state law making age a barrier for the applicant to gain admission.

“That the applicant strongly believes that he will perform excellently and make good grades in all the subjects that will be required for him to gain admission.

“That the applicant wants to study Medicine & Surgery whose duration is six years along with a mandatory 1-year youths service and 1-year compulsory Medical Externship totalling all 8 years,” Maxwell said.