The Delta State High Court, Warri, presided over by Hon. Justice Anthony O. Akpovi, has delivered a landmark judgment in Suit No. W/311/FHR/2024: John Aikpokpo-Martins v. Joint Admissions and Matriculation Board (JAMB) & 4 Ors., ruling that the restriction of university admissions to candidates aged 16 and above is unconstitutional.
The case, filed by John Aikpokpo-Martins as a public interest litigation, challenged JAMB’s policy, arguing that it violates sections 18(1) and 42 of the Constitution of the Federal Republic of Nigeria, 1999. Aikpokpo-Martins contended that the restriction discriminates against qualified candidates based solely on age, thereby denying them equal educational opportunities as guaranteed under the Constitution.
During proceedings, A. O. Mohammed, SAN, counsel for JAMB, argued that the court lacked jurisdiction, asserting that section 18(1) of the 1999 Constitution—which mandates equal educational opportunities—is non-justiciable as it falls under Chapter 2 of the Constitution.
However, J. O. Aikpokpo-Martins, Esq., who represented himself, countered that when a non-justiciable provision is combined with a justiciable one—in this case, section 42 (freedom from discrimination)—it becomes enforceable in court.
Justice Akpovi agreed with Aikpokpo-Martins’ argument, ruling that the age restriction violated the constitutional rights of affected candidates and was therefore unlawful, null, and void.
This ruling effectively removes all age restrictions for university admissions in Nigeria. Any candidate—regardless of age—who meets the admission requirements for their chosen course and university is now eligible for admission.
JAMB and other stakeholders are yet to respond to the ruling.