The High Court in Accra has dismissed a request from West Africa Examination Council (WAEC) seeking to Stay of Execution of its order for the examination governing body to release results of over 10, 000 withheld Examination Results.
The Court presided over Justice Ali Abature following the dismissal awarded a cost GHc5, 000 against WAEC over the order for them to release the results.
On January 30, 2025, the Court had granted an application for Mandamus (compelling) WAEC to release the over 10, 000 candidates who sat for the West Africa Senior School Certificate Examination (WASSCE) in 2924.
The court ruled that WAEC’s decision to withhold the results without providing exact reasons was unjustified, as the reasons given varied ambiguously between “alleged examination malpractice” and “alleged irregularities.”
Justice Ali Baba Abature, who presided over the case, emphasized that WAEC had invigilators who reported no malpractices or irregularities during the examination.
Dissatisfied with the ruling of the High Court, the examination body WAEC filed a notice of appeal at the Court of Appeal to challenge the ruling on January 30, 2025.
While seeking time to appeal, WAEC filed a motion for Stay of Execution urging the High Court to stay execution pending the determination of its appeal.
Grounds of Stay
Moving the motion on Thursday February 20, 2025, Monalisa Oppong Owusu Asare, Counsel for WAEC, said their request is based on four key grounds.
She said, the appeal would be rendered negatory if the stay of execution was not stayed, and that the decision as it was given raises serious legal issues to be determined by the Court of Appeal.
Counsel for WAEC also said, there would be irreparable damage to the applicant (WAEC) and on the balance of hardship, the examination body stand at risk of losing its credibility and reputation.
“It is our submission that the appeal would be rendered negatory if this appeal is not granted,” Counsel prayed adding that, “This case establishes the principle that if the execution of a judgement could render an appeal negatory a stay of execution must be granted.”
“In the present case, should the court ruling is made to stand, and the applicant is mandated to release the results and it happens that the applicant’s appeal at the court of appeal is successful, the said judgment would be rendered negatory in the sense that the students with the alleged malpractice would have already been admitted in the various institutions.
“My lord retracting these results post admission would create and administrative chaos for both universities and WAEC, and the applicant making it impracticable to restore the status-quo.
“We should be mindful over the fact that these are over 10,000 students we are talking about in question, therefore a successful appeal go in favour of applicant it would be difficult to execute,” she submitted.
Serious legal issues
On the ground of serious legal issues to be determined, she argued that, the appeal by WAEC raises significant legal issues particularly regarding whether the High Court was right in granting the order of mandamus against the applicant when WAEC is vested with discretion to investigate and determine cases of examination malpractices.
“It is our case that, if the applicant’s discretion to regulate examination is undermined it could serve a dangerous precedent where the court can routinely interfere in the administration of academic examinations which has the possibility of leading to long term instability in the educational sector,” Counsel submitted.
Irreparable damage
Monalisa Oppong Owusu Asare, on the ground of irreparable damage, said “releasing the results now will permanently damage the credibility of the applicant as an examining body.”
“We further submit that public confidence in the applicant’s (WAEC) ability to maintain exams internationally would be severely undermined.
“The integrity of the applicant (WAEC) examination system depends on strick adherence to regulations that ensure fairness and credibility. It is our case that, if the execution persist the applicant will loss it’s control …:we believe that this would emboldened future malpractices and undermine the public confidence in the system,” Counsel submitted.
“We further submit that tertiary institutions that admits these students based on the results that may later be invalidated will face administrative chaos leading to a reputation and systematic damage. We further submit that the situation at hand would have fair reaching global consequences.
“It is a well established facts that the certificate issued by the applicant are used by the students to apply for universities abroad.
“It is our case that if it becomes known that the applicant’s mandate of conducting credible examinations and producing students witu inywgrity is undermined by a judicial review, institutions across the world would begin to question the credibility of the applicant certified students.
“We believe that this may lead to a disadvantage to the applicant students who are already navigating systemic challenges in relation to international admissions,” WAEC argued.
Dismiss WAEC request
Kormivi Dzotsi, who was being led by Martin Kpebu for the affected students (Respondents in this application) urged the Court to “ignore
all matters of facts that Counsel (for WAEC) had sort to rely on while moving the application which did not fine expression in their affidavit in support.”
He also drew the Court’s attention to the notice of appeal filed by WAEC (applicant).
Mr Dzotsi said, the first ground of WAEC’s notice of appeal alleges “that the court wrongful exercised discretion when it granted the application for judicial review causing a grave miscarriage of justice while their second ground was that the court erred in law when it held that capacity was vested in the applicant to represent their colleagues numbering 10,522.
It was the case of Counsel for the affected students that, the first ground does not provide any particulars while in the second ground, WAEC has not “shown the basis of the exercise of the wrong discretion as well as any evidence of grace miscarriage of justice which will occasion them.”
Counsel argued that, till date, the affected students have not been told why their results have not been released.
The lawyer for the affected students stated that the students did not engage in any malpractice, nor were they accused of any malpractices that would warrant the withholding of their results, as per the regulations of the West Africa Examination Council (WAEC).
Furthermore, the students were not formally notified of any wrongdoing by WAEC.
“We pray that the court dismisses their request because it has no chances of survival at the Court of Appeal,” Counsel urged the Court.
He argued again that, releasing the results will not cause irreparable damage to WAEC but on the contrary “we have demonstrated in paragraphs 41 to 44 that the cut off points for this year may enable a candidate to secure admission for a preferred program.
But a delay to next year may totally eradicate that opportunity forever in fact a student who could otherwise gain admission this year may be denied that opportunity forever so on balance of convinience irreparable damage should rather tilt in favour of the affected students.
It was the submission of counsel that, WAEC’s argument about its credibility also implies a duty to them to comply with the rules of natural justice as eloquently espoused in the matter involved by same applicant.
Mr Dzotsi said, he who seeks equity must come with clean hands and that, WAEC seeks to build castle in a non existence matter.
“….if you have not told me why you’re withholding my results your brandishing of credibility even to the international world has no legs to stand on,” Counsel submitted before urging the Court to dismiss the application and award a cost against them.
By Court
Justice Ali Baba Abature of the High Court while delivering his ruling on the West Africa Examination Council’s (WAEC) application for a stay of execution, he had carefully reviewed the applicant’s motion, supporting affidavit, and attached exhibits.
He also said, after hearing the lengthy submissions from counsel for both parties, it is not within his jurisdiction to determine the success or otherwise of the applicant’s appeal and therefore, cannot grant the application.
He stated that the balance of probability favours the students, who may be unable to continue their education without the release of their results by the applicant.
The Court said the affected students stand the risk of not able to pursue their course in the universities or high institutions of learning education that they may want to applied for the admission.
The Court also said, the so called “examination malpractices” and “irregularities” they were alleged to have engaged in were not disclosed to them as required by law or constitution before their examination results were held, and therefore the application from the applicant (WAEC) will not succeed.
Consequently, the application was dismissed as unmeritorious while the Court awarded a Cost of GHc5, 000 against WAEC in favour of the Respondents (affected students).
Source: www.kumasimail.com
