A Nigerian teenager, 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 a new admission policy that mandates a minimum age of 16 for university admission.
The lawsuit, filed at the Federal High Court in Abuja on Monday, October 14, 2024, challenges the constitutionality of the policy, claiming it unfairly discriminates against young students like Opara who are academically ready for university but are being held back by the age restriction. The suit has generated significant interest in Nigeria’s education sector, reigniting debates over access to tertiary education and age-based restrictions.
Opara, a Senior Secondary School 2 (SS2) student at Sure Start Secondary School, filed the lawsuit through his father and legal representative, Mr. Maxwell Opara. Maxwell argued that the new policy violates his son’s constitutional rights to education and freedom from discrimination based on age.
The lawsuit marks a significant moment for education in Nigeria, as it raises critical questions about the balance between academic readiness and age requirements for higher education.
The admission policy in question was introduced earlier this year by the Federal Ministry of Education. The policy, which enforces a minimum age of 16 for candidates seeking university admission, has sparked widespread debate among students, parents, and education stakeholders.
In July 2024, the Minister of Education, Professor Tahir Mamman, announced that students under the age of 18 would not be allowed to sit for the Senior Secondary Certificate Examination (SSCE), a prerequisite for university admission. After considerable backlash, the age limit was revised to 16, but the debate continued.
Many parents and educators argue that academic ability, not age, should determine a student’s readiness for university. They believe that restricting university admission based on age is unfair, especially for exceptionally bright students like Opara who are capable of handling university-level work at a younger age.
In the court filing, Opara, through his father, is seeking six key reliefs from the court, including a declaration that the minimum age policy for university admission is unconstitutional. The plaintiff argues that the policy violates Section 42 of the Nigerian Constitution, which guarantees freedom from discrimination, and several provisions of the African Charter on Human and Peoples’ Rights.
Opara’s lawyer, Maxwell, argued in his affidavit that his son has been directly affected by the policy and that it is preventing him from pursuing his academic dreams.
“Chinaemere plans to sit for his West African Examinations Council (WAEC) and National Examinations Council (NECO) exams in 2025 and hopes to gain admission into a university for the 2025/2026 academic session,” Maxwell explained.
He further emphasized that there is no specific law in Nigeria that sets an age limit for university admission. According to him, the only requirement for university admission is the completion of secondary education and passing the requisite exams, such as WAEC or NECO.
The lawsuit also highlights Opara’s ambition to study Medicine and Surgery, a demanding course that typically requires eight years of rigorous study, including a one-year compulsory medical externship and national youth service.
Maxwell expressed confidence in his son’s academic abilities, stating that Chinaemere has consistently demonstrated academic excellence and is fully capable of excelling in university despite his young age.
“There is no reason why my son, who is academically prepared, should be denied the opportunity to pursue his dreams simply because of an arbitrary age restriction,” Maxwell argued.
Opara’s lawsuit could have far-reaching consequences for Nigeria’s education system. It raises important questions about whether age should be a barrier to education and whether policies should be revised to accommodate exceptionally gifted students who are ready for higher learning at a younger age.
The new policy has faced criticism from several quarters, with many education stakeholders arguing that it disproportionately affects students from disadvantaged backgrounds who may not have the financial resources to delay their education.
For students like Opara, who attend private schools and receive a quality education early, the age restriction can seem like an unnecessary obstacle. However, others argue that the policy is necessary to ensure that students are emotionally and socially mature enough to handle the challenges of university life.
In defense of the age restriction, Minister of Education Prof. Tahir Mamman stated that the policy was introduced to ensure that students are adequately prepared for the challenges of university life, both academically and socially. He argued that younger students may struggle to cope with the demands of university education, which can be overwhelming for even older students.
“We believe that the minimum age requirement will help ensure that students are emotionally mature and ready for the rigors of university education,” Mamman said in July when announcing the policy.
However, this argument has done little to appease critics who believe that the policy is a form of age discrimination that unfairly penalizes academically gifted students.
