Delta court declares 16-yrs minimum JAMB’s admission age unconstitutional
Delta State High Court sitting in Warri has ruled that the Joint Admissions and Matriculation Board (JAMB)’s policy of setting 16 years as the minimum age for university admission is unconstitutional.
Delivering judgment in Suit No: W/311/FHR/2024 on Thursday, 27 February 2025, Hon. Justice Anthony O. Akpovi ruled in favour of the claimant, John Aikpokpo-Martins, except for his request for damages.
The case, John Aikpokpo-Martins v. Joint Admissions and Matriculation Board (JAMB) & Four Others, challenged the age restriction on constitutional grounds.
Former chairman of the Nigerian Bar Association (NBA), Warri, Aikpokpo-Martins, filed the suit as a public interest case, arguing that the restriction violated Sections 18(1) and 42 of the 1999 Constitution of Nigeria.
He sought several reliefs, including: “A declaration that restricting university admission to candidates aged 16 and above violates the constitutional mandate for equal educational opportunities and the right to freedom from discrimination.
“An order setting aside JAMB’s circular of 16 October 2024, which enforced the age limit.
“A directive compelling universities to admit all qualified candidates, regardless of age.
“An injunction restraining JAMB and universities from denying admission solely based on age.”
JAMB’s counsel, A. O. Mohammed, SAN, argued that the court lacked jurisdiction, stating that Section 18(1) of the Constitution, which guarantees equal educational opportunities, is non-justiciable as it falls under Chapter 2.
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However, Aikpokpo-Martins, who represented himself, countered that combining Section 18(1) with Section 42— which guarantees freedom from discrimination—made the provision enforceable. The court agreed with his argument.
