Unity Schools Admission: Court Declares Discriminatory Cut-Off Marks Unconstitutional

Unity Schools Admission: Court Declares Discriminatory Cut-Off Marks Unconstitutional

Justice John Tsoho of a Federal High Court in Lagos on Wednesday declared as unconstitutional the disparity in the admission requirements into federal government's Unity Schools across Nigeria.

The court reached this conclusion while delivering judgment on a case filed by former President of the Nigerian Bar Association (NBA) Olisa Agbakoba (SAN), seeking an order of perpetual injunction restraining the Minister of Education from further acts of discrimination in admission into Unity Schools.

According to the judge the action of the Minister of Education in prescribing and applying different requirements for candidates seeking admission into Unity Schools is in violation of Section 42(1) of the 1999 constitution.

Justice Tsoho also held that the provisions of the constitution is superior to any administrative law or policies adopted by the Minister of Education.

The court, therefore, ordered the Minister of Education to apply uniform admission requirements, especially cut-off marks to all candidates seeking admission into Unity Schools.

Agbakoba has joined the Attorney General of the Federation and the Minister of Education in the suit seeking a declaration that the action of the Minister in prescribing and applying different requirements including cut-off marks for candidates seeking admission into Unity Schools is in violation of the constitution.

The lawyer had also prayed the court for an order directing the Minister of Education to apply uniform admission requirements especially cut-off marks to all candidates seeking admission into Unity Schools.

The federal government had in its counter affidavit to the suit submitted that the policies on Education particularly as it relates to qualification for entry into Unity Schools is formulated to represent the federal character of the country as enshrined in the constitution and subsidiary legislation.

The government had also argued that the first Unity Schools were set up to reflect the true spirit of "federal character" and had representation in the North, South, West and East of the country.

The government further maintained that there is no discrimination where government policy is driven at ensuring substantive equality and ensuring that everyone has the opportunity to enjoy rights equally irrespective of their sex or ethnicity.

The government also insisted that the different cut - off mark is to equitably allocate admission spaces to both States that are marginally ahead of others and those marginally behind others.