‘Only Court Can Determine When Act Of Examination Malpractice Has Taken Place, Not Exam Bodies’

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 the West Africa Examination Council (WAEC) as unwarranted and unlawful.

Delivering judgment in Suit No. MHC/37/2023 between Plaintiff and WAEC (Defendant) on 7th March 2024, Hon Justice Kume also declared that the unilateral cancellation of Plaintiff’s scores/results in the said subjects by Defendant without affording 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 Defendant to restore and release Plaintiff’s scores/results in English Language and General Mathematics forthwith and directed Defendant to issue a certificate to Plaintiff covering all nine subjects 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.

Eighteen-Eleven Media