Uniform cut-off marks for Unity Schools

If the recent ruling of a Federal High Court in Lagos which declared the state-based admission policy into Federal Government Colleges unconstitutional is anything to go by, then admission into the schools that are also known as Unity Schools will henceforth be based on merit and uniform cut-off marks for all prospective students, irrespective of gender and state of origin.

The current, discriminatory state-based quota system of admission, which stops high-scoring students from certain states from gaining admission into the schools in favour of low-performing students from other states, will become history.Justice John Tsoho made the declaration in his ruling in suit FHC/L/CS/1358/2013 filed by a former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), against the Federal Government and the Minister of Education.
The learned justice ruled in the suit that challenged the disparity in admission into Federal Government Colleges that the application of different cut-off marks based on states of origin and gender violates the disenfranchised candidates’ fundamental rights to freedom from discrimination guaranteed by Section 42(1) of the 1999 Constitution. Consequently, Tsoho ordered the Federal Government and the Minister of Education, who were the first and second respondents in the suit, to apply uniform cut-off marks to all candidates seeking admission into the schools.
Section 42 (1) on which the judgement is based states clearly that “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person—(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or (b) be accorded either expressly by, or in practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.
”From the foregoing, it is unambiguous that the application of discriminatory admission policy into Unity Schools is against the spirit and letters of Section 42(1) of the 1999 Constitution which prohibits administrative or executive actions by government that discriminate between Nigerians on grounds of ethnicity, gender, religion and place of origin.Agbakoba had in the originating application filed on September 30, 2013 prayed, amongst others, a declaration that the administrative acts of the respondents, particularly the second respondent which prescribes and applies different requirements including cut-off marks for candidates seeking admission into Federal Government Colleges, based on gender, ethnicity and state of origin etc, is discriminatory against the applicant’s grandchildren and the group and class they represent, on the grounds of ethnicity, states of origin, gender etc and therefore violates Section 42 (1) of 1999 constitution.
This ruling is, indeed, a bold relief for parents whose children had been denied admission to these schools, not necessarily because of their scores, but simply on account of their state of origin and ethnicity. In the 2013 admission quota into the Unity Schools, a pupil from Anambra State must score a minimum of 139 out of 200; Imo, 138; Enugu 134; Lagos 133; Ogun 131; Delta 131; Abia 130; Osun 127; and Ondo 126. On the other hand, a male pupil from Yobe State, who scores only two out of 200 and a male pupil from Zamfara State who scored four out of 200 will gain admission.We hail this judgement and support any move to end all forms of discrimination based on gender, ethnicity and state of origin in the country.
The discriminatory admission policy is immoral. It flagrantly violates the rights of high-scoring candidates that were denied admission in some states. We condemn any policy that provides for high cut-off marks for some candidates and low cut-off marks for some others based on their states of origin. Lowering of admission marks, for any reason, is bound to encourage laziness in those who do not need to pass the entrance examinations before getting admission into the highly-sought after schools. It makes the favoured candidates feel that hard work is unimportant while it frustrates those who are unable to get admission even when they score high marks. Yet, both those who gain admission with a score of two, and those who do so after scoring 130, will all work in the civil service and compete for power in the same political space. What a paradox!
Although the Unity Schools were established to foster unity among Nigerians from all ethnic groups, such unity should not be based on a discriminatory admission policy. All states should improve on the standard of their primary schools so that their products can compete and gain admission into Unity Schools based on uniform admission cut-off marks. Let the Federal Government and the Federal Ministry of Education comply with the ruling of the court on this matter in subsequent admission seasons.
The same should also apply to admissions into federal universities, polytechnics and colleges of education in the country.

The Sun Editorial