Master Chinaemere Opara has sued the Federal Ministry of Education, 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, yesterday.
The News Agency of Nigeria, NAN, reports that in the originating motion marked: FHC/ABJ/CS/1512/2024 dated September 30 and filed on October 14 by Wayne Elijah, the SS 2 student listed the ministry, JAMB and NUC as first to third respondents respectively.
In his six reliefs, the applicant sought a declaration that the respondents’ minimum age for admission into universities in the country is discriminatory and unconstitutional.
He said it amounts to a gross violation of his rights to freedom of expression as guaranteed under Sections 42 of the 1999 Constitution, 2011 (as amended) and Article 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.
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 enroll to write the West Africa Examination Council, WAEC, and/or JAMB examinations 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 on 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 respondents stated that there is no going back on the implementation of this policy which states that any person below 16 years would not be qualified to get admission into the university no matter how brilliant the person is.
“That since the applicant believes his right to education has been or likely to be violated.
“That the applicant would enter SS 3 in the 2024/2025 academic session with his plan/arrangements of writing WAEC, NECO and JAMB in 2025 with the expectation of gaining admission in the 2025/2026 university academic session.
“That I know 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.
“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.
“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 six years along with a mandatory one-year national service and one-year compulsory medical externship totalling eight years,” Mr Maxwell said.
The suit is yet to be assigned to a judge as at the time of filing the report.
NAN reports that the Minister of Education, Professor Tahir Mamman, had in July stated that beginning from 2025, candidates under 18 years would not be allowed to sit for the Senior Secondary Certificate Examination, a prerequisite for admission into higher institutions.
The announcement, however, sparked intense debate among stakeholders and parents, forcing Mamman to accept 16 years as the admission age into tertiary institutions.(NAN)
