Court declares Post-UTME tests illegal

A Federal High Court, Abuja has declared the Post-
Unified Tertiary Matriculation Examination (Post-UTME) conducted by
universities, polytechnics and colleges of education in Nigeria as
illegal, saying there was no extant law authorising the
exercise.

The court held that only the Joint Admissions and Matriculations
Board (JAMB) could conduct matriculation examinations and give
admissions into tertiary institutions by virtue of section 5 (1)
(2) of the JAMB Act.

In the judgment, delivered in the suit filed by the Legal
Defence and Assistance Project (LEDAP) against JAMB, the Minister
of Education and the National Universities Commission (NUC),
Justice John Tsoho held that the defendants have no power to allow
or direct tertiary institutions to conduct further screening of
candidates after they had taken the UTME.

The court further issued a perpetual injunction restraining all
tertiary institutions in the country from conducting the Post-UTME
or any other form of admission screening tests.

In opposing the suit, JAMB had argued that LEDAP had no locus
standi to bring the action, but the court rejected the objection
and held that a registered non-governmental organisation (NGO) or
an activist lawyer is allowed by law to pursue in court, the right
of the largely ignorant members of the society.

LEDAP had submitted that Section 5 (1) (2) of the JAMB Act
provides that the body should conduct matriculation examinations
for admissions into all tertiary institutions after the UTME.

Subsection (2) (3) provides: “JAMB shall be responsible for
determining matriculation requirements and conducting examinations
leading to undergraduate admissions and also for admission to
National Diploma and the Nigerian Certificate in Education
courses.”

The plaintiff had submitted that since 2005, tertiary
institutions nationwide have been illegally conducting tests and
screening candidates seeking admission in violation of section 5
(10) (2) of the JAMB Act.

The court agreed with the plaintiff and further held that the
defendants have the responsibility to ensure compliance with the
JAMB Act and that the imposition of the Post-UTME on candidates
seeking admission was illegal and unlawful.

A Federal High Court, Abuja has declared the Post-
Unified Tertiary Matriculation Examination (Post-UTME) conducted by
universities, polytechnics and colleges of education in Nigeria as
illegal, saying there was no extant law authorising the
exercise.

The court held that only the Joint Admissions and Matriculations
Board (JAMB) could conduct matriculation examinations and give
admissions into tertiary institutions by virtue of section 5 (1)
(2) of the JAMB Act.

In the judgment, delivered in the suit filed by the Legal
Defence and Assistance Project (LEDAP) against JAMB, the Minister
of Education and the National Universities Commission (NUC),
Justice John Tsoho held that the defendants have no power to allow
or direct tertiary institutions to conduct further screening of
candidates after they had taken the UTME.

The court further issued a perpetual injunction restraining all
tertiary institutions in the country from conducting the Post-UTME
or any other form of admission screening tests.

In opposing the suit, JAMB had argued that LEDAP had no locus
standi to bring the action, but the court rejected the objection
and held that a registered non-governmental organisation (NGO) or
an activist lawyer is allowed by law to pursue in court, the right
of the largely ignorant members of the society.

LEDAP had submitted that Section 5 (1) (2) of the JAMB Act
provides that the body should conduct matriculation examinations
for admissions into all tertiary institutions after the UTME.

Subsection (2) (3) provides: “JAMB shall be responsible for
determining matriculation requirements and conducting examinations
leading to undergraduate admissions and also for admission to
National Diploma and the Nigerian Certificate in Education
courses.”

The plaintiff had submitted that since 2005, tertiary
institutions nationwide have been illegally conducting tests and
screening candidates seeking admission in violation of section 5
(10) (2) of the JAMB Act.

The court agreed with the plaintiff and further held that the
defendants have the responsibility to ensure compliance with the
JAMB Act and that the imposition of the Post-UTME on candidates
seeking admission was illegal and unlawful.