Human rights activist and lawyer Maxwell Opara has filed a lawsuit at the Federal High Court in Abuja against the Federal Ministry of Education, Joint Admissions and Matriculation Board (JAMB), and National Universities Commission (NUC) over their controversial minimum age policy for university admissions in Nigeria.
The suit, filed on behalf of Opara’s 15-year-old son Chinaemere Maxwell Opara, seeks a declaration that the policy, which restricts students under the age of 16 from being admitted into universities, is unconstitutional and a gross violation of the fundamental right to freedom from discrimination as guaranteed by the Nigerian Constitution and African Charter on Human and People’s Rights.
Opara argues that the age restriction impedes his son’s right to access education and freely associate with other students by enrolling for the West African Senior School Certificate Examination (WASSCE) and Unified Tertiary Matriculation Examination (UTME) upon completing secondary school at 15.
The suit contends that the policy is discriminatory on the basis of age and not backed by any enabling law. It seeks an order of perpetual injunction restraining the respondents from implementing or enforcing the age restriction.
The reliefs sought include:
1. A declaration that the minimum age policy is discriminatory, unconstitutional and a violation of the right to freedom from discrimination
2. A declaration that the policy violates the right to education and association
3. An order setting aside the policy
4. An injunction restraining the respondents from implementing the policy
No date has been fixed for hearing of the matter. The respondents – the Ministry of Education, JAMB and NUC – are yet to file their responses to the suit.
The case highlights the ongoing debate around age restrictions for tertiary education in Nigeria and the balance between standardization and access. The outcome could have significant implications for the educational sector.