In a recent case, Agbakor Isaac Terkuye vs. WAEC, the court ruled that WAEC has no power to cancel any subject of a student on the ground of examination malpractice. The court also stated that the cancellation of results without inviting the student to defend the alleged examination malpractice is a violation of their right to fair hearing.
The case involved Agbakor Isaac Terkuye, who had his English Language and General Mathematics results cancelled by WAEC. The Benue State High Court declared the cancellation as unwarranted and unlawful. The court also ordered WAEC to restore and release Agbakor’s results in the said subjects and issue a certificate to him covering all nine subjects he registered and sat for in the examination.
The court’s decision was based on the fact 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 WAEC alleged exam malpractice, the scripts of the students who allegedly got involved in the act were not placed before the court for evaluation.
This landmark judgment is a significant victory for students and parents who have been affected by the cancellation of results by WAEC, NECO, and others. It emphasizes the importance of due process and the right to fair hearing in the cancellation of results.
In a significant ruling recently, the Benue State High Court has declared the cancellation of a student’s exam results by WAEC as unlawful. The court held that WAEC’s unilateral cancellation without giving the student a chance to defend themselves violates their right to fair hearing.
The student, Agbakor Isaac Terkuye, had his English Language and General Mathematics results cancelled by WAEC due to alleged exam malpractice. However, the court found that WAEC failed to provide evidence and did not follow due process.
The court ordered WAEC to restore and release the student’s results and issue a certificate covering all nine subjects he registered for. This landmark decision sets a precedent for students and parents to be aware of their rights in similar situations.
*Key Points:*
– _WAEC has no power to cancel results based on examination malpractice_
– _Cancellation of results without inviting the student to defend themselves is a violation of their right to fair hearing
– Examination malpractice is a criminal offence, and only a court of competent jurisdiction can declare it_
– Students and parents have the right to due process and fair hearing in the cancellation of results
*Case Details:*
– _Case No.: MHC/37/2023_
– _Court: Benue State High Court_
– _Date of Judgment: 7th March, 2024_
– Plaintiff: Agbakor Isaac Terkuye_
– Defendant: West African Examinations Council (WAEC)_
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