JAMB has no right to raise cut-off marks —SERAP

IN THE FEDERAL HIGH COURT OF NIGERIA

HOLDEN AT LAGOS

SUIT NO: FHC/L/CS/1139/2015

IN THE MATTER OF AN APPLICATION BY SOCIO-ECONOMIC RIGHTS AND ACCOUNTABILITY PROJECT (SERAP); ADEOLA ABDUL HAMMED AYOBAMI; ABASS TESLIM OLOLADE; AND ABASS USMAN AJIBOLA FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS TO HUMAN DIGNITY, AND TO RECEIVE IDEAS

AND

IN THE MATTER OF

THE REGISTERED TRUSTEES OF THE SOCIO-ECONOMIC RIGHTS AND ACCOUNTABILITY PROJECT  (SERAP)

ADEOLA ABDUL HAMMED AYOBAMI ABASS TESLIM OLOLADE

ABASS USMAN AJIBOLA}. APPLICANTS

AND

JOINT ADMISSIONS AND MATRICULATION BOARD (JAMB)

PERMANENT SECRETARY, FEDERAL MINISTRY OF JUSTICE

PERMANENT SECRETARY, MINISTRY OF EDUCATION

UNIVERSITY OF LAGOS} RESPONDENTS

STATEMENT PURSUANT TO ORDER II RULE 3 OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES, 2009

APPLICANTS NAMES:

The Registered Trustees of the Socio-Economic Rights and Accountability Project     (SERAP)

Adeola Abdul Hammed Ayobami

Abass Teslim Ololade

Abass Usman Ajibola

APPLICANTS DESCRIPTION:

The 1st Applicant is a human rights non-governmental organization established in Nigeria and incorporated under Part C of the Companies and Allied Matters Decree, 1990. The 1st Applicant seeks to promote transparency and accountability in government at the federal, state and local levels. The 2nd, 3rd, and 4th Applicants are among the candidates billed to participate in the 2015/2016 post-Unified Tertiary Matriculation Examination (post-UTME) scheduled for 12 and 13 August 2015.

C. RELIEFS SOUGHT BY THE APPLICANTS:

A DECLARATION that the decision by the Respondents individually and/or collectively to increase the cut-off point to 250 after stating publicly that it would be 180 interferes with the choices and preferences of the 2nd-4th Applicants and several other candidates across the country and therefore directly violates Section 5(1)(c)(iii) of the JAMB Act Cap 193 of the Laws of the Federation

A DECLARATION that the cut-off point of 180 set by the 1st Respondent cannot be varied by any university in the country including the 4th Respondent herein as to do so would offend the provisions of Section 5(1)(c)(iii) of the JAMB Act Cap 193 of the Laws of the Federation

A DECLARATION that the decision by the Respondents individually and/or collectively to increase the cut-off point to 250 after stating publicly that it would be 180 interferes with the choices and preferences of the 2nd-4th Applicants and several other candidates across the country and therefore directly violates Sections 34 and 39 of the 1999 Constitution (as amended) which respectively guarantee to everyone the right to the dignity of human person and the right to receive and impact ideas

A DECLARATION that the decision by the Respondents individually and/or collectively to increase the cut-off point to 250 after stating publicly that it would be 180 interferes with the choices and preferences of the 2nd-4th Applicants and several other candidates across the country and therefore directly violates Articles 1, 2, 3, 4, 5, 6 and 9 of the African Charter on Human and Peoples Rights as contained in the Laws of the Federation

A DECLARATION that the decision by the Respondents individually and/or collectively to increase the cut-off point to 250 after stating publicly that it would be 180 interferes with the choices and preferences of the 2nd-4th Applicants and several other candidates across the country and therefore unreasonable, unfair and unjust as it failed to take into account the best interest of the Applicants and several other candidates, as children

AN ORDER directing the Respondents individually and/or collectively to reverse the decision to increase the cut-off point to 250 after stating publicly that it would be 180 and to fully and effectively implement the publicly announced 180 cut-off point

AN ORDER restraining the Respondents individually and/or collectively from going ahead to implement the decision to increase the cut-off point to 250 instead of the publicly announced 180 cut-off point

FURTHER OR OTHER RELIEFS as the Honorable Court deems fit in the circumstance

D. GROUNDS FOR SEEKING THE RELIEFS:

Section 34 of the 1999 Constitution guarantees to every individual the right to respect for the dignity of his/her person and Section 39 guarantees to every person the right to receive and impart ideas and information without interference.

Article 1 of the African Charter on Human and Peoples Rights provides that, The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them. Article 2 provides that, Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. Article 3 provides that Every individual shall be equal before the law. Every individual shall be entitled to equal protection of the law. Article 5 provides Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. Article 6 provides Every individual shall have the right to liberty. Article 9 provides Every individual shall have the right to receive information.

Section 5 of the Joint Admissions and Matriculation Board Act provides that, Notwithstanding the provisions of any other enactment. the Board shall be responsible for – the general control of the conduct of matriculation examinations for admissions into all Universities, Polytechnics (by whatever name called) and Colleges of Education (by whatever name called) in Nigeria; (c)     the placement of suitable qualified candidates in the tertiary institutions having taken into account- (iii)    the preferences expressed or otherwise indicated by candidates for certain tertiary institutions and courses.

The Respondents individually and/or collectively decided to increase the cut-off point to 250 after stating publicly that it would be 180 interferes with the choices and preferences of the 2nd-4th Applicants and several other candidates across the country

The 2nd-4th Applicants and several other candidates across country have been told that they would not be allowed to participate in the post-UTME screening and examination because they scored below the increased 250 cur-off point

The Respondents individually and/or collectively decided to increase the cut-off point to 250 after stating publicly that it would be 180 is inconsistent with the and directly violates the various provisions of the JAMB Act, the 1999 Constitution and the African Charter on Human and Peoples Rights enumerated above