The Accra High Court has issued a ruling, ordering the West African Examinations Council (WAEC) to immediately release the withheld results of candidates who sat for the 2024 West African Senior Secondary School Certificate Examination (WASSCE).
The court’s decision comes after a legal challenge brought forth by four students representing over 10,500 candidates whose results were withheld by WAEC.
The court found that WAEC had failed to provide specific details regarding the alleged malpractices or examination irregularities that led to the withholding of the students’ results. This lack of clarity was deemed a violation of the students’ rights.
Lawyer Martin Kpebu, representing the applicants, argued that WAEC’s actions infringed on the fundamental rights of the students.
He pointed out that by failing to explicitly state the reasons for withholding the results, many students had been prevented from pursuing their education, as numerous tertiary institutions have already closed their admission portals.
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During the court hearing, Mr. Kpebu highlighted inconsistencies in WAEC’s communications. He noted that while WAEC initially cited “alleged exam irregularities” as the reason for withholding the results, it later referred to “malpractice” in other communications, creating further confusion.
He also stated that WAEC’s rules and regulations for dealing with irregularities lacked a comprehensive definition of these terms, leaving students in the dark about the specific offenses they were accused of.
“The right to a fair trial is inalienable, so applicants acquired it by birth. Those rights are guaranteed. They cannot be toyed with by the respondents,” Kpebu stated before Justice Abature, emphasizing that the students’ rights should not be violated.
He further disclosed that while WAEC had invited the students and their lawyers to a meeting to discuss the alleged malpractice, they failed to specify which particular offenses were in question in their invitation letter.
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Counsel for WAEC, Melisa Amarteyfio, argued against the application, stating that WAEC was not responsible for releasing results that were withheld pending investigations.
She pointed out that the council had received an unsigned letter from the applicants listing affected students on January 9, and that the students did not give the council adequate time to respond before filing their lawsuit. Ms. Amarteyfio also argued the suit was “premature and preemptive”.
“WAEC has always timeously tried to meet the student’s request. In Exh DA7 WAEC expressly indicated that these results had been withheld due to alleged exam malpractice,” Amarteyfio stated.
Despite the arguments from the defense, the court sided with the students, ordering WAEC to release the withheld results immediately.