JAMB appeals against court judgement declaring Post-UTME illegal

The Joint Admissions and Matriculations Board (JAMB) has
appealed a Federal High Court judgement, declaring the post-Unified
Tertiary Matriculation Examination (post-UTME) conducted by
universities, polytechnics and colleges of education in Nigeria
illegal.

JAMB Registrar, Professor Is-haq Oloyede gave the information in
reaction to enquiries by online medium, PREMIUM TIMES, following a
report in The Guardian newspaper about the court judgement
delivered in March 2017.

The court, which sat in Abuja had ruled that there was no law
directing the universities, polytechnics and colleges of education
in the country to compel candidates seeking admission to be
subjected to post-UTME.

Justice John Tsoho, while delivering judgement in a suit the
Legal Defence and Assistance Project (LEDAP) filed against JAMB,
the Minister of Education and the National Universities Commission
(NUC), held that only the Board could conduct matriculation
examinations and admit candidates into tertiary institutions by
virtue of section 5 (1) (2) of the JAMB Act. LEDAP obtained a
certified true copy of the judgment in February, this year.

The judge ruled that the defendants had no authority to direct
tertiary institutions to conduct further screening of candidates
after they had sat for the JAMB exam.

A perpetual injunction was also granted restraining the
institutions of higher learning from conducting the post-UTME or
any other form of admission screening tests.

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

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.”

LEDAP further argued that had the tertiary institutions had been
conducting tests and screening candidates seeking admission in
violation of section 5 (10) (2) of the JAMB Act since 2005.

The court upheld the plaintiff’s argument and ruled that the
defendants had the responsibility to ensure compliance with the
JAMB Act.

Meanwhile, candidates seeking admission into the tertiary
institutions have to wait for the decision of the Court of Appeal
on the matter.
Should JAMB lose the case at the appellate court, it may proceed to
the Supreme Court for a final decision.

The Joint Admissions and Matriculations Board (JAMB) has
appealed a Federal High Court judgement, declaring the post-Unified
Tertiary Matriculation Examination (post-UTME) conducted by
universities, polytechnics and colleges of education in Nigeria
illegal.

JAMB Registrar, Professor Is-haq Oloyede gave the information in
reaction to enquiries by online medium, PREMIUM TIMES, following a
report in The Guardian newspaper about the court judgement
delivered in March 2017.

The court, which sat in Abuja had ruled that there was no law
directing the universities, polytechnics and colleges of education
in the country to compel candidates seeking admission to be
subjected to post-UTME.

Justice John Tsoho, while delivering judgement in a suit the
Legal Defence and Assistance Project (LEDAP) filed against JAMB,
the Minister of Education and the National Universities Commission
(NUC), held that only the Board could conduct matriculation
examinations and admit candidates into tertiary institutions by
virtue of section 5 (1) (2) of the JAMB Act. LEDAP obtained a
certified true copy of the judgment in February, this year.

The judge ruled that the defendants had no authority to direct
tertiary institutions to conduct further screening of candidates
after they had sat for the JAMB exam.

A perpetual injunction was also granted restraining the
institutions of higher learning from conducting the post-UTME or
any other form of admission screening tests.

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

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.”

LEDAP further argued that had the tertiary institutions had been
conducting tests and screening candidates seeking admission in
violation of section 5 (10) (2) of the JAMB Act since 2005.

The court upheld the plaintiff’s argument and ruled that the
defendants had the responsibility to ensure compliance with the
JAMB Act.

Meanwhile, candidates seeking admission into the tertiary
institutions have to wait for the decision of the Court of Appeal
on the matter.
Should JAMB lose the case at the appellate court, it may proceed to
the Supreme Court for a final decision.