A Federal High Court, Abuja on Friday, 02 March 2018 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. He 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.


Source:
https://www.scholarsarena.net/court-declares-post-utme-exams-illegal/

Lalasticlala, fynestboi

On point

So it now they know it illegal. Smh.

slivertongue:
On point

Very much on point sir.
This is a land mark decison by the FHC Abuja.
Post utme is simply a duplication of Jamb's statutory function.
If the jamb Act via the relevant sections has empowered it to conduct admission and matriculation exercises, then Jamb should rightly exercise that power exclusively.
Post utmes organized by universities therefore cast doubts on the credibilty of jamb in the exercise of it's statutory powers.

It's a welcome development anyway.

whitebeard:
So it now they know it illegal. Smh.

The court is not a father christmas or a meddlesome interloper sir.
The court can only decide or make pronouncement on matters before it. It thus mean that someone must cause the court to move.
In this case, a civil society group approached the court to stop the illegal extortion of students every year in the guise of post utmes by universities all of the country.

Among other prayers as reported above, the court granted a perpetual injunction restraining the defendants from further engaging in the illicit act.

This isn't good news to those profiteering from the hitherto existing illegality!

section 5(10)(2)

so this kind thing dey for naija?

The post utme exams should be legalised for two reasons:
1. The JAMB exams have lost credibility. Results cannot be challenged and failure of the exams means an automatic 1yr delay since there is no resit until a year later. A remedy here would be to have a 2 or 3month resit, or an alternative exam as is the case of WAEC & NECO.

2. A private tertiary institution should have the right to determine the standard of candidates it wishes to admit. The public schools may maintain the status quo.

thesicilian:
The post utme exams should be legalised for two reasons:
1. The JAMB exams have lost credibility. Results cannot be challenged and failure of the exams means an automatic 1yr delay since there is no resit until a year later. A remedy here would be to have a 2 or 3month resit, or an alternative exam as is the case of WAEC & NECO.

2. A private tertiary institution should have the right to determine the standard of candidates it wishes to admit. The public schools may maintain the status quo.

Aside the legality or otherwise of post utmes, What if we can, through enforcement and enhancement, reform Jamb to perfom it's statutory functions effectively amd credibly.
Would there still be a need for post utme sir?
If your answer is in the negative, then it means we all should insist that jamb lives up to expectation.

However, until such reformation, enforcement or enhancement is made, the law should be followed and obeyed "the way it is" and not "the way it ought to be."

[quote author=scholarsarena post=65539697]

well said !!!

for me post UME is a scam

[quote author=slivertongue post=65540849][/quote]

Big time scam, sir.

correct i think this is over due, we do not address the existing problem at hand rather we corrupt the process by not respecting the existing law. no wonder everyone does as they wish,we do know jamb as lost is credibility,but we can fix jamb or change the law to suit it.

scholarsarena:


Aside the legality or otherwise of post utmes, What if we can, through enforcement and enhancement, reform Jamb to perfom it's statutory functions effectively amd credibly.
Would there still be a need for post utme sir?
If your answer is in the negative, then it means we all should insist that jamb lives up to expectation.

However, until such reformation, enforcement or enhancement is made, the law should be followed and obeyed "the way it is" and not "the way it ought to be."