A recent legal case has been filed at the Federal High Court in Abuja challenging the age restriction imposed by the Federal Ministry of Education, which prevents students under the age of 18 from taking the West African Examinations Council (WAEC) and Joint Admissions and Matriculation Board (JAMB) exams. The case, brought by lawyer Mr. Maxwell Opara on behalf of his 15-year-old son, Master Chinaemere, seeks to overturn what he describes as a violation of children’s rights to education.
The Ministry of Education recently announced that starting next year, candidates younger than 18 would no longer be allowed to sit for the JAMB exams. The policy has drawn criticism from many Nigerians who believe that it unfairly limits educational opportunities for younger students, regardless of their academic ability.
Claims Made by the Applicant
In his lawsuit, filed through Wayne Chikezie Elijah Esq., Mr. Opara argues that the age restriction on sitting for WAEC and JAMB is both unlawful and unenforceable. He claims it infringes on a child’s right to education as guaranteed by the 1999 Constitution of Nigeria and the African Charter on Human and Peoples’ Rights.
Opara emphasized that his son, a secondary school student at Sure Start Secondary School, is directly affected by the policy. “This policy denies my son, who is currently in SS2, his right to freedom from age discrimination and his right to education,” Opara stated. He added that his son plans to take the WAEC, NECO, and JAMB exams in 2025, aiming to secure university admission for the 2025/2026 academic session.
The lawsuit also highlights concerns about the impact of the age restriction on academic progress. Opara warned that the policy could leave young, capable students “idle and academically inactive for the next three years, waiting to turn 18 before gaining admission.” He argued that this delay could weaken their academic performance and push back the timeline for completing their university education.
“If my son takes his JAMB, NECO, and WAEC at age 15 and gains admission to study medicine, he could complete his studies, including the mandatory medical externship and youth service, by age 23,” Opara explained. “This would still make him eligible for programs like the Nigerian Armed Forces’ short service, which prioritize younger candidates.”
The Ministry of Education’s Position
In response to public backlash over the age restriction, the Ministry of Education clarified in September 2024 that it has not stopped students under 18 from taking the WAEC and NECO exams. According to the ministry, the restriction applies specifically to the age of entry into tertiary institutions, aligning with Nigeria’s 6:3:3:4 educational structure—six years of primary education, three years of junior secondary, three years of senior secondary, and four years of university.
A statement from the ministry noted, “It is shocking to say that a university in this country has admitted children at ages 10, 11, and 12. This is totally wrong. We are not saying that there are no exceptions; we know there can be talented students with the IQ of an adult even at ages 6 and 7, but these are very few. There must be a rule, and the ministry is looking to develop guidelines on how to identify a talented child, so parents don’t claim we are blocking their children’s chances.”
The ministry has indicated that it views the policy as a “work in progress” and is coordinating with the National Assembly to refine the guidelines for identifying exceptionally gifted children.
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Legal Challenge Awaits Hearing
As the court case unfolds, many parents, educators, and students across Nigeria are watching closely. Critics of the policy argue that it unfairly penalizes bright students, forcing them to wait to enter universities despite meeting all other academic requirements. Opara’s legal action represents a key challenge to the policy and seeks to ensure that young students are not denied access to educational opportunities based solely on their age.
The court has yet to set a hearing date for the case. Meanwhile, the Ministry of Education maintains its stance, asserting that the age policy is in the best interest of standardizing educational entry requirements across the country. The outcome of this case could have significant implications for the future of Nigeria’s education system and the rights of young students across the nation.