Opara's lawsuit challenges the validity of the new admission policy, which he claims undermines fair access to tertiary education for students in Nigeria.
A 15-year-old boy, identified as Master 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 recent introduction of a controversial admission policy.
The suit was officially lodged at the Federal High Court in Abuja on Monday through his guardian, Mr Maxwell Opara, who is also his father and legal representative.
Opara's lawsuit challenges the validity of the new admission policy, which he claims undermines fair access to tertiary education for students in Nigeria.
The plaintiff argues that the policy is discriminatory and poses barriers to admission for many prospective students, particularly those from disadvantaged backgrounds.
The News Agency of Nigeria (NAN) reports that in a motion filed on October 14, marked FHC/ABJ/CS/1512/2024 and dated September 30, Wayne Elijah, a Senior Secondary 2 (SS2) student, named the Ministry of Education, the Joint Admissions and Matriculation Board (JAMB), and the National Universities Commission (NUC) as the first, second, and third respondents, respectively.
In his application, Elijah sought six forms of relief, including a declaration that the respondents' minimum age admission policy, which restricts Nigerian citizens' eligibility for university admission, is discriminatory and unconstitutional.
He argued that this policy constitutes a serious violation of his right to freedom of expression, as protected under Section 42 of the 1999 Constitution (as amended) and several articles of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 Vol. 1 LFN.
Elijah contended that his right to peaceful assembly and association cannot be limited by the respondents’ admission policy.
He further sought a declaration that the policy, which restricts his age for exercising the right of association and self-determination regarding enrollment in the West African Examinations Council (WAEC) and/or JAMB exams, infringes on his right to equal access to public services as guaranteed by Article 13(2) and (3) of the African Charter.
To protect his rights, Elijah requested a perpetual injunction restraining the respondents from interfering with his rights and sought to have the policy annulled.
In an affidavit submitted by Maxwell, Elijah’s biological father, it was stated that Chinaemere is an SS2 student at Sure Start Secondary School, directly impacted by the respondents' minimum age admission policy.
Maxwell argued that the policy violates his son's right to freedom from age discrimination and education as enshrined in the law.
Maxwell indicated that his son learned through online media that the first respondent asserted that the policy mandating candidates to be at least 16 years old for university admission would be strictly enforced. He expressed concern that this policy undermines Chinaemere’s right to education.
“Chinaemere plans to enter SS3 in the 2024/2025 academic session and intends to take his WAEC, NECO, and JAMB exams in 2025, with hopes of gaining admission for the 2025/2026 university academic year,” Maxwell stated.
He emphasised that there is no specific age limit for university admission in Nigeria; candidates must complete secondary education and sit for the WASSCE or its equivalent.
Maxwell also noted that while universities require certain academic qualifications, there is no federal or state law imposing age as a barrier to admission.
He expressed confidence in his son’s potential for academic success and highlighted Chinaemere’s aspiration to study Medicine and Surgery, which typically requires eight years of education, including a one-year compulsory medical externship and youth service.
The suit has not yet been assigned to a judge.
Meanwhile, in July, the Minister of Education, Prof. Tahir Mamman, announced that starting in 2025, candidates under 18 years old would not be permitted to sit for the Senior Secondary Certificate Examination, a prerequisite for admission to higher education.
However, the announcement has sparked debate among education stakeholders and parents, leading Mamman to adjust the admission age to 16 years for tertiary institutions.