The Delta State High Court in Warri on Friday granted an interim injunction as well as restrained the Joint Admission and Matriculation Board, JAMB, from taking further action on and/or giving effect to the directives contained in its circular of October 16, 2024, titled “Admission of Candidates With Minimum Admissible Age of 16 Years,” pending the hearing and the determination of an originating motion.
The court presided over by Justice A.O. Akpovi, in Suit No. W/311/FHR/2024, granted the order.
The judge said the effect of the interim orders is that JAMB’s circular to vice-chancellors, provosts and rectors is out in abeyance and on hold the implementation of the said directives.
Justice Akpovi further said that the status quo to be maintained is the admission list before the circular, pending the hearing of the originating motion dated and filed on October 24, 2024.
The court also granted an accelerated hearing, and the case was adjourned to October 31, November 8 and 21, and December 4, 2024.
The 1st Vice President of the Nigerian Bar Association, John Aikpokpo-Martins, instituted the fundamental human rights action on behalf of all candidates born on September 1, 2009, to December 31, 2009, who wrote and passed the JAMB exam in 2024.
The legal practitioner argued that the said candidates are being denied admission only on the ground that they are not deemed to be 16 years old by August 31, 2025, in spite of meeting all other admission criteria.
According to him: “It is my contention that all those candidates that are due to be 16 years old from the 1st of January 2025 to the 31st of December 2025 are eligible for admission on the ground that they form part of the same class of 16 years old in 2025. That the limitation of the meaning of 16 years old in 2025 to only those born from the 1st of January to the 31st of August 2025 is an infringement of the freedom from discrimination of those candidates as guaranteed by Section 41(1) & (2) of the Constitution of the Federal Republic of Nigeria, 1999.”
He outlined the reliefs he is seeking: “A declaration that the circular of the 1st respondent dated the 16th day of October 2024 captioned “Admission of Candidates With Minimum Admissible Age of 16 Years” signed by Mohammed A. Babaji to all Nigerian universities, including the 2nd defendant, directing them to admit only candidates who will be 16 years old by the 31st day of August 2025, violently violates the fundamental right to freedom from discrimination of the candidates who will be 16 years from the 1st of September 2025 to the 31st of December 2025 guaranteed by Section 42 of the Constitution of the Federal Republic of Nigeria 1999 and is therefore unconstitutional, null and void and of no effect.
“An order setting aside the circular of the 1st respondent dated the 16th day of October 2024 captioned “Admission of Candidates With Minimum Admissible Age of 16 Years” signed by Mohammed A. Babaji to all Nigerian universities for being unconstitutional, null and void and of no effect.
“An order directing the respondents to admit and/or issue letters of admission to all those candidates who are due to be 16 years from the 1st of January, 2025 to the 31st of December, 2025 and who met all other admission criteria.
“An order restraining the 2nd respondent from withdrawing the admission already granted to candidates who will be 16 years from 1st of September, 2025 to December 2025 on the basis of the 1st respondent’s directive dated the 16th of October, 2024.”
Other reliefs he seeks include fifty million naira damages against JAMB and an order of perpetual injunction “restraining the respondents, whether by themselves, their agents, servants, privies and officials, from denying candidates admission into Nigerian universities only on the ground of not attaining 16 years of age.”
He added: “I hope we succeed in the main case and check the wanton disregard for the law and commonsense in the motherland.”
DAILY POST recalls that on October 16, 2024, JAMB, via the said circular, directed tertiary institutions to admit only candidates who will be 16 years old and older by the 31st of August, 2024.
By this directive, candidates who will be 16 years old by the 1st of September 2025 to the 31st day of December 2025 were thereby excluded from being admitted and therefore discriminated against by JAMB.
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