Justice A.M. Lawal of the Lagos State High Court, Ikeja Judicial Division, has ordered the Joint Admissions and Matriculation Board (JAMB) to issue an admission letter to David Ayooluwa Akindoyin, a student admitted by Redeemer’s University. The court found that JAMB infringed on Akindoyin's rights as outlined in the Child Rights Law of Lagos State.
This ruling was reinforced in a Notice of Consequence to Disobedience of Court Order issued against JAMB in a case delineated ID/18508MFHR/24. The suit was filed on behalf of Akindoyin by his guardian, Mr. David Olapade Akindoyin, as a matter of enforcing fundamental human rights.
The court stated, “Take notice that unless you obey the order contained in the judgment of the High Court of Lagos State delivered by Hon. Justice A.M. Lawal on December 30, 2024, the court has determined that there is no basis for the Respondent to deny, refuse, or withhold the admission and admission letter of the Applicant due to inaccuracies regarding the age requirement and the waiver of that requirement by the Respondent's conduct.”
The court emphasized that denying admission to the applicant would violate his rights under the Child Rights Law of Lagos, particularly Section 3, which protects candidates with disabilities such as autism, albinism, and Down syndrome. This section, along with item 21.0 of the guidelines, ensures special care and protection for young gifted individuals.
The ruling highlighted that the refusal of admission by JAMB could significantly impact the applicant's life goals and overall development, which are safeguarded by the Child Rights Law. The court stated, “The various Child Rights Laws of the State and the Child Rights Act are amplifications of the fundamental rights of the child. While the Respondent can enforce policies from its parent ministry, the Federal Ministry of Education, such enforcement cannot infringe upon the fundamental rights of any citizen, as established in Adamu v. A.G. Borno State (1996) 8 NWLR (Pt 465) 203.”
The court has ruled that the Respondent infringed upon the rights of the Applicant, David Ayooluwa Akindoyin, and ordered JAMB to issue an admission letter, confirming his valid admission to Redeemer’s University. The court warned that failure to comply would result in contempt of court, which could lead to imprisonment.
This ruling stems from a Motion on Notice filed on December 2, 2024, under the Fundamental Rights Enforcement Procedure Rules. Mr. David Olapade Akindoyin, the father of the applicant, sought a declaration affirming that his son has been validly admitted into Redeemer’s University. The motion requested that JAMB be directed to issue an admission letter and restrain them from excluding the applicant from the university's admission list.
The motion includes a statement detailing the applicant's name, description, the relief sought, and the grounds for the request. It is supported by an affidavit and a verifying affidavit confirming that the applicant has been admitted to study Computer Engineering at Redeemer’s University, with the admission letter attached as an exhibit. The deponent stated that the applicant excelled in both the WAEC and JAMB examinations, with both results provided as evidence.
In the written address dated December 2, 2024, the Applicant contended that the Respondent is poised to discriminate against him, which is in violation of the Constitution that prohibits discrimination based on ethnic group, place of origin, sex, religion, or political opinion. The Applicant further reinforced his argument by citing Sections 1, 10, and 15 of the Child Rights Act.
The Applicant concluded that the Respondent’s refusal to issue him an admission letter constitutes discrimination based on age and birth, thereby undermining his rights as outlined in both the Constitution and the Child Rights Act.
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