15-Year-Old Student Drags Ministry of Education to Court Over Age Policy

JAMB, NUC Face Legal Action Over University Admission Age Restriction

His lawsuit argues that this policy is discriminatory and unconstitutional...

15-year-old Chinaemere Opara sues Nigerian Ministry of Education, JAMB & NUC over policy restricting university admission to applicants aged 18+. Learn about his fight against age discrimination & quest for.

Master Chinaemere Opara, a 15-year-old Senior Secondary School student, has taken a bold step by suing the Federal Ministry of Education, Joint Admissions and Matriculation Board (JAMB), and National Universities Commission (NUC) over the government's new policy. This policy, announced by Minister of Education Professor Tahir Mamman in July, restricts university admissions to applicants who are at least 18 years old.

Starting from 2025, students under 18 will not be allowed to take the Senior Secondary Certificate Examination, a crucial requirement for higher education admission. Opara's lawsuit challenges this policy, which could impact many young students like him who are eager to pursue higher education.

In Nigeria, students typically spend six years in primary school, three years in junior secondary school, and three years in senior secondary school before entering university. The education system is overseen by the Federal Ministry of Education, with local authorities implementing state-controlled policies.

Education System Structure:

Primary Education: Six years, starting around age 5

Junior Secondary School: Three years

Senior Secondary School: Three years

Tertiary Education: Four years or more, depending on the program

The government's policy aims to ensure students are better prepared for university, but Opara's lawsuit argues that this restriction may unfairly limit access to education. The outcome of this case will be closely watched, as it could shape the future of education in Nigeria.

The controversy surrounding Nigeria's university admission age limit has taken a dramatic turn. After intense debate among education stakeholders and parents, Minister of Education Professor Tahir Mamman agreed to lower the admission age to 16 years this year. However, this decision didn't satisfy everyone, particularly 15-year-old Chinaemere Opara, who's now suing the Federal Ministry of Education, Joint Admissions and Matriculation Board (JAMB), and National Universities Commission (NUC) over the policy.

Chinaemere, an SS2 student, filed the suit through his father and lawyer, Maxwell Opara, at the Federal High Court in Abuja on October 14, 2024. The court documents, marked FHC/ABJ/CS/1512/2024 and dated September 30, list the Ministry of Education, JAMB, and NUC as respondents. Chinaemere's lawsuit challenges the government's policy limiting university admissions to applicants aged 18 and above. This policy, announced in July, sparked widespread debate, with many arguing it would unfairly restrict access to education.

Case Details:

• FHC/ABJ/CS/1512/2024, filed October 14, 2024
• Respondents: Ministry of Education, JAMB, NUC
• Plaintiff: Chinaemere Opara, 15-year-old SS2 student
• Policy Controversy: University admission age limit of 18 years

The outcome of this lawsuit will be closely watched, as it could significantly impact Nigeria's education system and the futures of many young students.

Challenging the Age Limit Policy

Opara argues that this policy is discriminatory and unconstitutional, violating his right to freedom of expression as guaranteed under Section 42 of the 1999 Constitution (2011 amendment) and various articles of the African Charter on Human and People's Rights. Specifically, he cites Articles 2, 3, 4, 5, 10, 13(2), 17, and 28.

Six Reliefs Sought

In his lawsuit, Opara seeks six key reliefs:

Declaration of Unconstitutionality: The court should declare the age limit policy unconstitutional and discriminatory.

Violation of Fundamental Rights: The policy violates his right to freedom of expression and peaceful assembly.

Limitations on Association: The policy unfairly limits his right to associate with others.

Injunction Against Respondents: The court should stop the respondents from enforcing the policy.

Right to Education: Opara argues that every Nigerian citizen has a right to education, regardless of age.

Chinaemere Opara is taking a strong stance against the Nigerian government's policy restricting students under 18 from taking WAEC and JAMB exams. He's seeking a declaration that this policy infringes on his right to association and self-determination, guaranteed under Article 13(2) and (3) of the African Charter on Human and People's Rights.

Aspects of Opara's Lawsuit:

Infringement on Rights: The policy restricts his age before exercising his right to enroll for WAEC and/or JAMB exams.

Equal Access to Public Service: Opara argues that this policy denies him equal access to public service, guaranteed under the African Charter.

Perpetual Injunction: He seeks an order restraining the respondents from disturbing or interfering with his rights.

Policy Reversal: Opara also seeks an order setting aside the policy.

By citing the African Charter, Opara emphasizes that every individual has the right to freedom of association and equal access to public services, regardless of age. This lawsuit challenges the government's directive, announced by Minister of Education Professor Tahir Mamman, which sets an 18-year age limit for WAEC and NECO exams.

Maxwell Opara, Chinaemere's biological father, has sworn an affidavit stating that his 15-year-old son is an SS2 student directly impacted by the respondents' minimum age policy for university admission. This policy, implemented by the Federal Ministry of Education, Joint Admissions and Matriculation Board (JAMB), and National Universities Commission (NUC), restricts admission to students under 18 years old.

Points from the Affidavit:

• Biological Relationship: Maxwell Opara is Chinaemere's father.
• Chinaemere's Education Status: Chinaemere is currently an SS2 student.
• Impact of Policy: The minimum age policy affects Chinaemere's educational prospects.
• Rights Infringement: The policy infringes on Chinaemere's right to freedom from age discrimination and education.

Chinaemere has taken legal action against the education authorities, suing them over the policy that limits university admissions to applicants aged 18 and above. His lawsuit argues that this policy is discriminatory and unconstitutional, violating his right to freedom of expression and peaceful assembly.

Maxwell Opara stated in the affidavit that his son, Chinaemere, came across an online news article where the Minister of Education (1st respondent) declared that the policy prohibiting university admission to individuals under 16 years old would be strictly enforced, regardless of their academic excellence.

“That since then the applicant believes that his right to education has been or is likely to be violated.

“That the applicant would enter SS 3 in this 2024/2025 academic session with his plan/arrangements of writing his WAEC, and National Examinations Council NECO, JAMB in 2025 with his expectations of gaining admission in 2025/2026 university academic sessions.

“That I know as of fact that in Nigeria, there is no specific age limit for gaining admission into universities.

“However, candidates typically must have completed their secondary education and sat for West African Senior School Certificate Examination (WASSCE) or its equivalent.

“That I know as of fact that in Nigeria most universities require candidates to meet certain academic qualifications, such as having a minimum number of credits in relevant subjects and passing the Unified Tertiary Matriculation Examination (UTME).

“That the applicant strongly believes that he will perform excellently and make good grades in all the subjects that will be required for him to gain admission.

“That the applicant wants to study Medicine & Surgery whose duration is six years along with a mandatory 1-year youth service and 1-year compulsory Medical Externship totaling all 8 years,” Maxwell said.

The lawsuit filed by 15-year-old Chinaemere Opara against the Federal Ministry of Education, JAMB, and NUC remains pending, awaiting assignment to a judge.

When reached for comment, Ministry of Education spokesperson Folasade Boriowo stated that they had not been informed about the teenager's lawsuit against them.

“I am just hearing about the case now. But then, those who are following the conversation around the minimum age will attest to the fact that it is a not closed matter,” she said.

“Meetings are being held to fine-tune the process, and I wonder why some people would rush to the court.”