15-Year-Old Student Files Lawsuit Against Education Ministry, JAMB, and NUC Over New Admission Policy

A 15-year-old Senior Secondary School (SSS) student, Chinaemere Opara, has filed a lawsuit against the Federal Ministry of Education, the Joint Admissions and Matriculation Board (JAMB), and the National Universities Commission (NUC) over a government policy that restricts university admissions to applicants aged 18 and older.

In July, Minister of Education Prof. Tahir Mamman announced that starting in 2025, candidates under 18 would be barred from sitting for the Senior Secondary Certificate Examination, which is required for admission to higher education institutions.

This announcement sparked significant debate among education stakeholders and parents, leading Mamman to adjust the admission age to 16 for this year.

Opara filed the lawsuit through his guardian, Mr. Maxwell Opara, a lawyer and his father, at the Federal High Court in Abuja on October 14, 2024.

According to the News Agency of Nigeria (NAN), the motion, marked FHC/ABJ/CS/1512/2024 and dated September 30, lists the ministry, JAMB, and NUC as the first to third respondents.

In his six requests, Opara seeks a declaration that the respondents’ minimum age admission policy is discriminatory and unconstitutional.

He argues that it violates his right to freedom of expression under Section 42 of the 1999 Constitution and various articles of the African Charter on Human and People’s Rights.

He also asks the court to declare that the policy cannot limit his right to peaceful assembly and association, and that it infringes 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’s Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN.

Opara seeks a perpetual injunction to prevent the respondents from infringing on his rights and requests the court to set aside the controversial policy.

In an affidavit, Maxwell Opara stated that he is the biological father of Chinaemere and that the admission policy directly affects his son’s rights to freedom from age discrimination and access to education as enshrined in the law.

He said his son “read from the online newspaper that the 1st respondent stated that there’s no going back on the implementation of his policy which stated that any person below 16 years would not be qualified to get admission in the university no matter how brilliant the person is.

“That since then the applicant believes that his right to education has been or is likely to be violated.

“That 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.

“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 know as of fact that 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).

“That I know as of fact that 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 & Surgery whose duration is six years along with a mandatory 1-year youth service and 1-year compulsory Medical Externship totalling all 8 years,” Mr Maxwell said.

As of this report, the case has not yet been assigned to a judge.

When reached for comment, Mrs. Folasade Boriowo, the spokesperson for the Ministry of Education, stated that they were not aware of the lawsuit filed by the teenager.

“I am just hearing about the case now…But then, those who are following the conversation around the minimum age will attest to the fact that it is a not closed matter,” she said.

“Meetings are being held to fine-tune the process, and I wonder why some people would rush to the court.”