Court Declares JAMB’s 16-Year Admission Age Requirement Unconstitutional

The Delta State High Court 2 in Warri has ruled that the 16-year minimum age requirement for university admission, set by the Joint Admissions and Matriculation Board (JAMB), is unconstitutional.

Justice Anthony O. Akpovi delivered the judgment on Thursday, February 27, 2025, in Suit No: W/311/FHR/2024. The case was filed by John Aikpokpo-Martins against JAMB and four others, challenging the age restriction on constitutional grounds.

Aikpokpo-Martins, who brought the case as a public interest matter, argued that the restriction violated Sections 18(1) and 42 of the 1999 Constitution of Nigeria. He sought several reliefs, including a declaration that the age limit discriminates against younger candidates, an order nullifying JAMB’s circular enforcing the restriction, and a directive ensuring all qualified candidates, regardless of age, can be admitted.

JAMB’s legal representative, A. O. Mohammed, SAN, contended that the court lacked jurisdiction, arguing that Section 18(1) of the Constitution, which provides for equal educational opportunities, is non-justiciable as it falls under Chapter 2. However, Aikpokpo-Martins, representing himself, countered that combining Section 18(1) with Section 42, which guarantees freedom from discrimination, made the provision enforceable. The court upheld his argument.

With this ruling, JAMB can no longer enforce an age restriction for university admission. Any candidate who meets the required cut-off mark for their chosen institution and course is now eligible to apply, regardless of age.