A Federal High Court has declared unconstitutional, the state based admission inequality in Federal Government Colleges also known as Unity Schools. The declaration was made in a landmark Judgment delivered in Lagos, by Honourable Justice John Tsoho on Wednesday 17th November 2014, in Suit FHC/L/CS/1358/2013 filed by Dr. Olisa Agbakoba SAN against the Federal Government and Education Minister, to challenge the admission disparity. The case is based on Section 42 of the 1999 Constitution which prohibits administrative or executive actions by government that discriminates between Nigerians on grounds of ethnicity, gender, religion and place of origin. The Originating Application was filed on September 30, 2013, for the following Orders:

(1)A Declaration that the administrative acts of the Respondents, particularly the 2nd Respondent which prescribes and applies different requirements including cut-off marks for candidates seeking admission into Federal Government Colleges, based on gender, ethnicity, states of origin etc. is discriminatory against Applicant’s grandchildren and the group/class they represent, on grounds of ethnicity, states of origin, gender etc. and therefore violates Section 42(1) of 1999 Constitution of Federal Republic of Nigeria.

(2)An Order directing the Respondents, particularly the 2nd Respondent to apply uniform admission requirements, especially cut-off marks to all candidates seeking admission into Federal Government Colleges, notwithstanding their gender, states of origin, ethnicity etc.

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