15-year-old student sues Ministry of Education, JAMB, NUC over admission policy

Master Chinaemere Opara has sued the Federal Ministry of Education, the Joint admittance and Matriculation Board (JAMB), and the National Universities Commission (NUC) over the government’s policy, which tries to limit admittance to Nigerian universities to applicants at the age of 18.

Opara, a 15-year-old Senior Secondary School (SSS) student, filed the complaint in Abuja’s Federal High Court yesterday with his guardian, Mr. Maxwell Opara, his father, and a lawyer.

According to the News Agency of Nigeria (NAN), in the originating motion marked: FHC/ABJ/CS/1512/2024 dated Sept. 30 and submitted Oct. 14 by Wayne Elijah, the SS 2 student identified the ministry, JAMB, and NUC as the first, second, and third respondents, respectively.

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

He said it 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.

He urged 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, which restricts his age before exercising his right of association and self-determination as to when to enrol to write the West Africa Examinations Council (WAEC) and/or JAMB exams infringed on his right of equal access to public service.

This, he said, 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.

Opara, therefore, sought an order of perpetual injunction restraining the respondents, from attempting to disturb, breach or interfere with his rights.

He equally sought an order setting aside the policy.

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

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

He said the policy had impeded on 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,” Mr Maxwell said.

The suit is yet to be assigned to a judge as at the time of filing the report.

The Minister of Education, Prof. Tahir Mamman, had in July stated that beginning from 2025, candidates under 18 years of age would not be allowed to sit for the Senior Secondary Certificate Examination, a prerequisite for admission to higher institutions.

The announcement, however, sparked intense debate among education stakeholders and parents, forcing Mamman to accept 16 years as the admission age into tertiary institutions this year.

Contacted last night, the spokesperson of the Ministry of Education, Mrs Folasade Boriowo, said they were not aware of the case instituted against them by the teenager.

“I am just hearing about the case now…But then, those who are following the conversation around the minimum age will attest to the fact that it is a not closed matter.

“Meetings are being held to fine-tune the process, and I wonder why some people would rush to the court,” she said.

The latest Ministerial Session of the 68th National Council on Education meeting in Abuja, Prof. Mamman explained that the federal government acknowledges that there are students who may be exceptionally talented and would make exclusive provisions for such talents.

He also explained that the age limit policy only applies to admission into tertiary institutions and not O’level examinations.

“There is a need to clarify yet again the misrepresentation on the issue of the 18 years age limit for admission to universities which was earlier mentioned,” Prof. Mamman said.

“The ministry was only drawing attention to the age requirement for entry into tertiary institutions as enshrined in the National Policy on Education (6-3-3-4 System); the UBEC Act and Education (Minimum) Standards Act 1993, and not the age limit for students participating in WAEC, NECO, NBAIS, NABTEB or any Ordinary Level examination.

“Nevertheless, the ministry acknowledges that some children are exceptionally intelligent, and the ministry will work out a guideline to deal with cases of genuine exceptionally intelligent learners,” he said.

The spokesman of JAMB, Dr Fabian Benjamin, did not answer the calls made to his line nor replied to a text message sent to him on the matter up to press time last night.

Officials of NUC could also not be reached at the time of going to the press.