Court Urged to Overturn Federal Government’s Age Restriction for WAEC and JAMB Exams in Nigeria

The Federal High Court in Abuja has been petitioned to dismiss the age restriction imposed by the Federal Ministry of Education, which prohibits individuals under 18 from taking the West African Examinations Council (WAEC) and Joint Admissions Matriculation Board (JAMB) exams. Continue Reading>>>

This legal action was initiated by Mr. Maxwell Opara, who is representing his son, Master Chinaemere, against the Ministry of Education, JAMB, and the National Universities Commission (NUC). The appeal comes after Education Minister Prof. Tahir Mamman announced that candidates below 18 years old would not be allowed to sit for the JAMB exam starting next year.

Applicant’s Claims

In the lawsuit filed on Monday through lawyer Wayne Chikezie Elijah, Opara seeks a court ruling declaring the age limit for WAEC and JAMB as unlawful and unenforceable, arguing it violates a child’s right to education.

In a supporting affidavit, Maxwell Opara noted that his son, who is currently in SS2 at Sure Start Secondary School, is directly impacted by this “Minimum Age for Admission Policy.” He asserts that this policy infringes upon his son’s right to education and freedom from age discrimination, as outlined in Chapter 4 of the 1999 Constitution of Nigeria and the African Charter on Human and Peoples’ Rights.

Opara pointed out that although his son is 15 years old, he read in an online article that the ministry insisted on enforcing this policy, which would disqualify anyone under 16 from entering university, regardless of their intelligence or academic achievements.

He stated that Master Chinaemere plans to advance to SS3 in the 2024/2025 academic year, with aspirations to take the WAEC, NECO, and JAMB exams in 2025 to secure admission into university in the following academic session.

Opara emphasized that there is no specific age limit for university admission in Nigeria. Instead, candidates typically need to complete their secondary education and pass the West African Senior School Certificate Examination (WASSCE) or an equivalent exam. He affirmed that universities primarily require certain academic qualifications, such as a minimum number of credits and passing the Unified Tertiary Matriculation Examination (UTME).

He pointed out that if the court does not declare the ministry’s age restriction policy unconstitutional, his son will face a three-year wait before he can gain admission, leading to potential academic stagnation. Opara argued that this delay could harm the applicant’s educational prospects, resulting in him completing his medical education at around 26 years old if he starts at 18.

As of now, a hearing for the case has not been scheduled.

What You Should Know

In response to public outcry, the ministry clarified in September 2024 that it has not barred students under 18 from taking the WAEC and NECO exams. The minister was specifically addressing the entry age for tertiary institutions under the 6:3:3:4 education system.

The ministry stated, “We have agreed that we are going to consider it a work in progress. The National Assembly is working, and we are also working. It is concerning that some universities have admitted children as young as 10, 11, and 12. This is not acceptable. Continue Reading>>>

“While we acknowledge that there may be exceptionally gifted students, these cases are rare. There must be guidelines to help identify such children so that parents do not feel their children’s opportunities are being restricted.”

This legal challenge represents the latest effort to contest the education ministry’s controversial announcement.