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 the government’s new policy that limits university admissions to applicants aged 18 and older.
In July, Education Minister Prof. Tahir Mamman announced that starting in 2025, candidates under 18 would be barred from sitting for the Senior Secondary Certificate Examination (SSCE), a prerequisite for university admission. This decision sparked a heated debate among education stakeholders and parents, leading the minister to later revise the policy, setting the minimum admission age at 16.
Opara, represented by his father and lawyer, Mr. Maxwell Opara, filed the suit at the Federal High Court in Abuja on Monday, October 14, 2024. In the originating motion (marked: FHC/ABJ/CS/1512/2024, filed on October 14), the student listed the Ministry of Education, JAMB, and NUC as the first, second, and third respondents.
In his suit, Opara is seeking a declaration that the policy, which imposes a minimum age requirement for university admission, is discriminatory and unconstitutional. He argues that the policy violates his right to freedom from age discrimination, as outlined in Section 42 of the 1999 Constitution (as amended), as well as in multiple articles of the African Charter on Human and People’s Rights.
Opara also requests the court to affirm that his right to peaceful assembly and association cannot be restricted by this admission policy. Additionally, he seeks a ruling that the policy infringes upon his right to equal access to public service, as guaranteed under the African Charter on Human and People’s Rights.
He has asked the court to issue a perpetual injunction preventing the respondents from interfering with his rights, and to declare the policy null and void.
In an affidavit filed by Maxwell Opara, he explained that his son, Chinaemere, is directly affected by the policy. He expressed concerns that the policy has hindered his son’s right to education and freedom from age discrimination, noting that Chinaemere, now in SS2, plans to sit for the WAEC, NECO, and JAMB exams in 2025, with the intention of gaining university admission in the 2025/26 academic session.
Maxwell Opara also pointed out that in Nigeria, there is no federal or state law that establishes age as a barrier to university admission. He emphasized that his son is capable of excelling academically and has aspirations to study Medicine & Surgery, a course with a duration of eight years including a mandatory youth service and medical externship.
As of now, the case has not been assigned to a judge.
When approached for comment, the Ministry of Education’s spokesperson, Mrs. Folasade Boriowo, stated that they were unaware of the lawsuit. “I’m just hearing about it now… but those following the discussions around the minimum age will agree that it’s still an open matter,” she said, adding that meetings are being held to fine-tune the policy. “I wonder why some people would rush to the court,” she remarked.
