Teenager sues education ministry, JAMB, NUC over admission age policy

A 15-year-old student has sued the education ministry, the Joint Admissions and Matriculation Board (JAMB), and the National Universities Commission (NUC) over Nigeria’s tertiary institution admission age policy.

The senior secondary student, Chinaemere Opara, filed the suit at the federal high court in Abuja through his lawyer father Maxwell Opara.

In the originating motion marked “FHC/ABJ/CS/1512/2024”, dated September 30, and filed October 14 by Wayne Elijah, the SS2 student listed the ministry, JAMB, and NUC as first to third respondents respectively.

In July, the education ministry introduced a policy adopting 18 as the minimum age for tertiary institution admissions.

It said the policy, which is to take effect in 2025, will ensure candidates are mature enough to deal with the rigours of tertiary education.

It further said candidates who do not spend the required years in primary and secondary school would not be allowed to write the SSCE.

The age policy has been critiqued, with stakeholders concerned that exceptional students could be unduly shut out of tertiary education.

In his six reliefs, Opara sought a declaration that the admission age policy was “discriminatory and unconstitutional”.

He 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.

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 as to when to enrol to write the West Africa Examination Council (WAEC) and JAMB exams infringed on his right to 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 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.

“The applicant believes that his right to education has been or is likely to be violated,” he said.

“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.

“The applicant wants to study medicine & surgery whose duration is six years along with a mandatory one-year youth service and one-year compulsory medical externship totalling all eight years.”

The suit is yet to be assigned to a judge at the time of filing the report.