A 15-year-old student, Master Chinaemere Opara, has initiated legal action against the Federal Ministry of Education, the Joint Admissions and Matriculation Board (JAMB), and the National Universities Commission (NUC) concerning a recently introduced admission policy that he argues is controversial.
The lawsuit was filed at the Federal High Court in Abuja on Monday by his guardian, Mr. Maxwell Opara, who is also his father and legal representative.
Opara’s legal challenge questions the legitimacy of the new admission policy, asserting that it restricts fair access to higher education for students across Nigeria. He claims the policy is discriminatory and creates obstacles for many aspiring students, especially those from less privileged backgrounds.
According to the News Agency of Nigeria (NAN), the motion, filed on October 14 and marked FHC/ABJ/CS/1512/2024, names the Ministry of Education, JAMB, and NUC as the first, second, and third respondents.
In his application, Opara seeks six forms of relief, including a declaration that the minimum age requirement for university admission is unconstitutional and discriminatory. He argues that this policy infringes on his rights to freedom of expression, as outlined in Section 42 of the 1999 Constitution (as amended) and several provisions of the African Charter on Human and Peoples’ Rights.
Opara emphasizes that his right to peaceful assembly and association should not be restricted by the admission policy. He further contends that the age limit affects his ability to participate in the West African Examinations Council (WAEC) and JAMB exams, violating his right to equal access to public services guaranteed by the African Charter.
To safeguard his rights, Opara is seeking a permanent injunction against the respondents to prevent any interference with his rights and to annul the policy. In an affidavit submitted by his father, Maxwell, it was noted that Chinaemere is a student in Senior Secondary 2 (SS2) at Sure Start Secondary School, significantly impacted by this policy.
Maxwell argues that the age policy contravenes his son’s right to education and freedom from age discrimination. He learned from media reports that the policy enforcing a minimum age of 16 for university admission would be strictly implemented. This has raised concerns about its impact on Chinaemere’s educational prospects.
“Chinaemere plans to enter SS3 in the 2024/2025 academic session and intends to take his WAEC, NECO, and JAMB exams in 2025, aiming for university admission in the 2025/2026 academic year,” Maxwell stated.
He emphasized that no specific age limit exists for university admission in Nigeria, as candidates are required only to complete secondary education and pass the WASSCE or its equivalent. He also highlighted that while universities have academic requirements, there are no federal or state laws that impose age restrictions for admission.
Maxwell expressed confidence in his son’s academic capabilities and noted Chinaemere’s aspiration to pursue Medicine and Surgery, a field that typically requires eight years of education, including a mandatory medical externship and youth service.
As of now, the case has not been assigned to a judge. In July, the Minister of Education, Prof. Tahir Mamman, announced that starting in 2025, candidates under 18 would be barred from taking the Senior Secondary Certificate Examination, essential for higher education admission. This announcement has ignited discussions among education stakeholders and parents, prompting the minister to adjust the minimum admission age to 16 years for universities.
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