16-Year minimum admission age set by JAMB unconstitutional – Court rules

The Delta State High Court 2, sitting in Warri, has delivered a judgment declaring the 16-year minimum admission age for universities, set by the Joint Admissions and Matriculation Board (JAMB), unconstitutional.

Presiding over the case, Hon. Justice Anthony O. Akpovi ruled in Suit No: W/311/FHR/2024 on Thursday, 27 February 2025, in favour of the claimant, John Aikpokpo-Martins, except for his relief for damages.

The case, John Aikpokpo-Martins v. Joint Admissions and Matriculation Board (JAMB) & four ohers, challenged the age restriction on constitutional grounds.

Aikpokpo-Martins, filed the suit as a public interest case, arguing that the age 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, claiming that Section 18(1) of the Constitution, which guarantees equal educational opportunities, is non-justiciable as it falls under Chapter 2 of the Constitution.

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.

Following the ruling, any candidate, regardless of age, can now purchase JAMB forms. Anyone who meets the admission cut-off mark for their chosen course and university is now eligible for admission.