Court declares JAMB’s minimum university admission age unconstitutional
The Delta State High Court 2, located in Warri, has issued a ruling that nullifies the 16-year minimum age requirement for university admissions, which was established by the Joint Admissions and Matriculation Board (JAMB), deeming it unconstitutional.
In the case, Hon. Justice Anthony O. Akpovi presided and gave judgment in Suit No: W/311/FHR/2024 on Thursday, the 27th of February, 2025, ruling in favour of the claimant, John Aikpokpo-Martins, except for his request for compensation.
The matter, titled John Aikpokpo-Martins v. Joint Admissions and Matriculation Board (JAMB) & four others, contested the legality of the age limit based on constitutional arguments.
Aikpokpo-Martins, who previously served as chairman of the Nigerian Bar Association (NBA), Warri branch, initiated the case in the public interest, contending that the age requirement breached sections 18(1) and 42 of Nigeria’s 1999 Constitution.
He requested multiple remedies, 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 lawyer, A. O. Mohammed, SAN, contended that the court did not have the authority to hear the matter, asserting that Section 18(1) of the Constitution — which assures equal educational opportunities — could not be enforced by the court, as it falls under Chapter 2 of the Constitution.
However, Aikpokpo-Martins, who appeared in court on his own behalf, argued that when Section 18(1) is considered alongside Section 42 — which protects against discrimination — the right becomes enforceable. The court upheld this reasoning.
As a result of this verdict, candidates of any age are now permitted to obtain JAMB application forms. Any individual who attains the required cut-off score for their preferred course and institution is now qualified for admission consideration.
