Federal Court Rules Out Post-UME, says It's Illegal And Should Be Stopped

Government High Court, Abuja, has pronounced the post-Unified Tertiary Matriculation Examination (post-UTME) directed by colleges, polytechnics and schools of training in Nigeria as illicit.

The court led on the issue on March 22, 2017 however the judgment was just revealed by The Guardian on Friday, March 2, 2018.

The court said there was no surviving law approving the activity.

As per the report in The Guardian daily paper, the court held that lone the Joint Admissions and Matriculations Board (JAMB) could direct registration examinations and give inductions into tertiary organizations by uprightness of area 5 (1) (2) of the JAMB Act.

In the judgment, conveyed in the suit recorded by the Legal Defense and Assistance Project (LEDAP) against JAMB, the Minister of Education and the National Universities Commission (NUC), Justice John Tsoho said that the respondents have no energy to permit or direct tertiary establishments to lead additionally screening of competitors after they had taken the UTME.

LEDAP acquired a guaranteed genuine duplicate of the judgment a month ago.

Frame a year ago essentially settled a most extreme cost for post-UTMEs crosswise over tertiary establishments.

The court likewise issued a ceaseless order limiting every single tertiary organization in the nation from directing the post-UTME or some other type of confirmation screening tests.

In contradicting the suit, JAMB had contended that LEDAP had no locus standi to bring the activity, yet the court dismissed the protest and held that an enlisted non-legislative association or an extremist legal advisor is permitted by law to seek after in court, the privilege of the to a great extent unmindful individuals from the general public.

LEDAP had presented that Section 5 (1) (2) of the JAMB Act gives that the body should lead registration examinations for inductions into every single tertiary establishment 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 the suit since 2005 noting that 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 said the defendants have the responsibility to ensure compliance with the JAMB Act.
The court also said the imposition of the post-UTME on candidates seeking admission was illegal and unlawful.
The spokesperson for JAMB, Fabian Benjamin, was not available for comments Saturday morning.
But the Registrar of the Board, Ishaq Oloyede, a professor,  told PREMIUM TIMES the judgment was already being challenged at the Court of Appeal.
Although, there were mixed reactions over the scrapping of post-UTME by the federal government in 2016, the past Executive Secretary of the NUC, Julius Okojie, said the decision to scrap the post-UMTE became necessary to stop the cumbersome process of admission into the universities. They were later returned.
Similarly, the Minister of Education, Adamu Adamu, in October 2017 debunked reports that he ordered a stop to the post-UTME examination as part of the process for admission into Nigerian universities.

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