In a landmark ruling, the Delta State High Court, presided over by Hon. Justice Anthony O. Akpovi, has declared that the restriction on university admissions by age, imposed by the Joint Admissions and Matriculation Board (JAMB), is unconstitutional. The case, Suit No. W/311/FHR/2024, was filed by John Aikpokpo-Martins, who challenged the policy as a violation of Nigeria’s Constitution, particularly sections 18(1) and 42.
The court’s decision, handed down on February 24, 2025, focused on JAMB’s policy that restricted university admissions to candidates aged 16 and above, which Aikpokpo-Martins argued was discriminatory and denied qualified candidates equal educational opportunities. The ruling held that this age limit violated the right to freedom from discrimination, guaranteed under section 42 of the 1999 Constitution.
In its judgment, the court also ruled that JAMB’s circular, issued on October 16, 2024, which mandated that universities only admit candidates who turned 16 by August 31, 2025, was null and void. The court directed universities and JAMB to admit all qualified candidates, regardless of age, who met the necessary academic requirements. Furthermore, the court granted a permanent injunction, barring JAMB and all Nigerian universities from enforcing any age restriction for admissions.
During the proceedings, JAMB’s counsel, A. O. Mohammed, SAN, argued that the court lacked jurisdiction and that section 18(1) of the 1999 Constitution, which ensures equal educational opportunities, was non-justiciable, as it falls under Chapter 2. However, Aikpokpo-Martins, representing himself, argued that while such a provision may be non-justiciable on its own, when combined with the justiciable provision in section 42, it becomes enforceable in court. Justice Akpovi agreed with this stance, ruling that the age restriction was unlawful and unconstitutional.
This ruling paves the way for all candidates who meet the academic requirements to be eligible for university admission, regardless of their age. The judgment has removed the age restriction for university admissions across Nigeria, and it is now expected that universities will begin processing applications from all qualified candidates without discrimination. JAMB and other stakeholders have yet to issue a formal response to the ruling.
