Master Chinaemere Opara has filed lawsuits against the National Universities Commission (NUC), the Joint Admissions and Matriculation Board (JAMB), and the Federal Ministry of Education over a government policy that aims to restrict admissions to Nigerian universities to candidates who turn eighteen.
The lawsuit was filed at the Federal High Court in Abuja yesterday by Opara, a 15-year-old Senior Secondary School (SSS) student, through his guardian, Mr. Maxwell Opara, his father and an attorney.
According to the News Agency of Nigeria (NAN), the SS 2 student named the ministry, JAMB, and NUC as the first through third respondents, respectively, in the originating motion marked: FHC/ABJ/CS/1512/2024, dated September 30 and filed by Wayne Elijah on October 14.
The applicant requested six reliefs, including a declaration that the respondents’ minimum age requirement for admission, which limits the age at which Nigerian citizens may be admitted to the nation’s universities, is discriminatory and unconstitutional.
According to him, it was a flagrant violation of his right to freedom of expression, which is protected by the African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN and Section 42 of the 1999 Constitution, 2011 (as amended) and Articles 2, 3, 4, 5, 10, 13(2), 17 and 28.
He implored the court to rule that the respondents’ admission policy could not restrict his right to peaceful assembly and association.
In addition, he requested a declaration that the policy violated his equal access to public service rights by limiting his age before he can exercise his right of association and self-determination regarding when to enrol for the JAMB and/or West Africa Examinations Council (WAEC) exams.
According to him, this is protected by African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN, specifically Articles 13(2) and (3).
Opara consequently asked for a permanent injunction to prevent the respondents from trying to violate, tamper with, or interfere with his rights.
In addition, he requested an order overturning the policy.
Maxwell claimed to be Chinaemere’s biological father in the affidavit he submitted.
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 on Chinaemere’s right to freedom from age discrimination and education as enshrined in the law.
According to him, his son read in an online newspaper that the first respondent had declared there would be no turning back from the implementation of his policy, which stipulated that any individual under the age of sixteen would not be eligible for admission to a university, regardless of their brilliance.
“That since then the applicant believes that his right to education has been or likely to be violated.
“That the applicant would enroll in SS 3 during the academic year 2024–2025 with the intention of writing his WAEC, NECO, and JAMB in 2025 and expecting to be admitted to universities during the academic year 2025–2026.”
“That I know as of 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 sat for WASSCE or its equivalent.
“That I am aware of, the majority of universities in Nigeria demand applicants to fulfill specific academic requirements, like passing the Unified Tertiary Matriculation Examination (UTME) and possessing a minimum amount of credits in pertinent subjects.
“That I am aware of, neither federal nor state legislation in Nigeria prohibits age as a criterion for admission.
“That the applicant sincerely believes he will excel and earn high marks in every subject that will be necessary for him to be admitted.
“That the applicant wishes to pursue a six-year program in medicine and surgery, in addition to a one-year youth service requirement and a one-year mandatory medical externship, making an eight-year total,” Mr. Maxwell stated.
A judge had not yet been assigned to the suit as of the filing of the report.
In July, Minister of Education Prof. Tahir Mamman announced that, beginning in 2025, candidates under the age of eighteen would not be allowed to sit for the Senior Secondary Certificate Examination, which is a prerequisite for admission to postsecondary education.
However, the announcement caused a great deal of controversy among parents and education stakeholders, forcing Mamman to concede that 16 is the new admission age for postsecondary institutions this year.
We have not yet been served. – Ministry
Speaking with reporters last night, Mrs. Folasade Boriowo, a spokeswoman for the Ministry of Education, stated that they were unaware of the lawsuit the teenager had filed against them.
“I am just hearing about the case now…However, those who are keeping up with the discussion surrounding the minimum age will attest to the fact that it is still open.
“I wonder why some people would rush to the court when meetings are being held to fine-tune the process,” she remarked.
