A High Court of Justice in Benue State has held that only the Federal High Court can declare an examination malpractice has been committed by a candidate.
The Court also held that the West African Examination Council (WAEC) has no power to cancel any subject of a student on the ground of examination malpractice.
The decision was handed down in the recent case of Agbakor Isaac Terkuye vs WAEC.
Cancellation of results without inviting the student to defend the alleged examination malpractice the court held is a violation of his right to fair hearing.
In the matter: Suit No. MHC/37/2023; AGBAKOR ISAAC TERKUVE
v. WEST AFRICAN EXAMINATIONS COUNCIL (WAEC), the High Court held that the cancellation of the scores/results of Agbakor, Isaac Terkuve (Plaintiff) in English Language and General Mathematics by WAEC was unwarranted and unlawful.
Delivering judgment 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 defendant had argued that the results were cancelled on account of 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 alleged 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.
