SS2 student sues ministry, JAMB, NUC over varsity admission age limit

Master Chinaemere Opara has sued the Federal Ministry of Education, the Joint Admissions and Matriculation Board (JAMB), and the National Universities Commission (NUC) over the introduction of the new admission policy.

Opara, a 15-year-old Senior Secondary School (SSS) student, filed the suit through his guardian, Mr. Maxwell Opara, his father and a lawyer, at the Federal High Court in Abuja on Monday.

The News Agency of Nigeria (NAN) reports that in the originating motion marked: FHC/ABJ/CS/1512/2024, dated Sept. 30 and filed Oct. 14 by Wayne Elijah, the SS 2 student listed the ministry, JAMB, and NUC as the 1st to 3rd 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 Sections 42 of the 1999 Constitution, 2011 (as amended), and Articles 2, 3, 4, 5, 10, 13(2), 17, and 28 of the African Charter on Human and Peoples’ 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 African Examination Council (WAEC) and/or JAMB exams, infringed on his right of equal access to public service.

This, he said, is guaranteed under Articles 13(2) and (3) of the African Charter on Human and Peoples’ 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 Chinaemere’s right to freedom from age discrimination and education as enshrined in the law.

He said his son “read from an 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 gain admission to the university no matter how brilliant the person is.

“That since then, the applicant believes that his right to education has been or likely will be violated.

“That the applicant would enter SS3 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 the 2025/2026 university academic sessions.

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“That I know as a 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 sit for WASSCE or its equivalent.

“That I know as a fact that in Nigeria, most universities 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 a 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 and Surgery, whose duration is 6 years, along with a mandatory 1-year youth service and 1-year compulsory Medical Externship, totaling all 8 years,” Mr. Maxwell said.

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

NAN reports that the Minister of Education, Prof. Tahir Mamman, had in July stated that beginning in 2025, candidates under 18 years old 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.