In a recent case of Agbakor Isaac Terkuye vs WAEC, the court said that WAEC has no power to cancel any subject of a student on the ground of examination malpractice. Cancellation of results without inviting the student to defend the alleged examination malpractice is a violation of his right to fair hearing..
See below the case.
Suit No. MHC/37/2023
Between:
AGBAKOR ISAAC TERKUVE
V
WEST AFRICAN EXAMINATIONS COUNCIL (WAEC)
The Benue State High Court has declared the cancellation of the scores/results of Agbakor, Isaac Terkuve (Plaintiff) in English Language and General Mathematics by WAEC as unwarranted and unlawful. Delivering judgment in Suit No. MHC/37/2023 between the Plaintiff and WAEC (Defendant) on 7th March, 2024, Hon Justice Kume also declared that the unilateral cancellation of the Plaintiff’s scores/results in the said subjects by the Defendant without affording the Plaintiff the opportunity to defend himself of any allegation is an infringement of the Plaintiff’s fundamental right to fair hearing.
Consequently, the court granted an order directing the Defendant to restore and release the Plaintiff’s scores/results in English Language and General Mathematics forthwith and directed the Defendant to issue a certificate to the Plaintiff covering all nine subjects the Plaintiff registered and sat for in the examination.
The defence of the Defendant to the suit of the Plaintiff was that the results were cancelled for examination malpractice but the court held that examination malpractice is a criminal offence and only a court of competent jurisdiction (Federal HIGH Court) can declare that it has been committed by a candidate. The court also noted that although the Defendant was alleging exam malpractice, the scripts of the students who allegedly got involved in the act were not placed before the Court for evaluation.
The court however refused to award monetary damages in favour of the Plaintiff against the Defendant.
Reacting to the judgment, Dr. Emmanuel Zungwem Agbakor, father and counsel to the Plaintiff, thanked the Court for a well articulated, researched and delivered judgment.
This is a landmark decision that we as parents should know.
