The Federal Ministry of Education, the Joint Admissions and Matriculation Board (JAMB) and the National Universities Commission (NUC) have been dragged to court over the new tertiary institution admission policy.
Master Chinaemere 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.
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 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.
Opara 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 People Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN.
The student 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 Examination 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 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 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 is 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 facts 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 of facts that in Nigeria most universities in Nigeria 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 facts 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 totalling all 8 years,” Mr Maxwell said.
The suit is yet to be assigned to a judge at the time of filing the report.
The News Agency of Nigeria (NAN) reports that the Minister of Education, Prof. Tahir Mamman, had in July stated that beginning from 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.
