By Douglas Ogbankwa
It is such an easy thing for Examination bodies in Nigeria to cancel examination results, without investigation of the reports of their examiners or supervisors or giving the students opportunities to be heard.
The Law in Nigeria that in any proceedings or decision that will affect a citizen the Citizen has a natural right to be heard before a decision is taken .This is the Principle of natural justice or simply put fair hearing. Being one of the twin pillars of natural justice , the Principle is audi alterem patem-You must hear the other side. This Principle has been enunciated by the courts in a plethora of cases including Chief Gani Fawehimwin v LPDC Nos 1 & 2.
Again , Examination Malpractice is a criminal matter that only a Court of Competent Jurisdiction can find a person guilty of any criminal allegations.The act of WAEC and JAMB finding people guilty of examination malpractice is an illegality ab initio and the Students that have been wrongfully tainted can sue for restoration of their results and defamation of character.
So in the recent case of Agbakor Isaac Terkuye vs WAEC, , the court said that WAEC has no power to cancel any subject of a student on the ground of examination malpractice. Cancellation of results without inviting the student to defend the alleged examination malpractice is a violation of his right to fair hearing..
See below the case.
Suit No. MHC/37/2023 Between: AGBAKOR ISAAC TERKUVE V WEST AFRICAN EXAMINATIONS COUNCIL (WAEC)
This Decision was taken by the Benue State High Court , which declared the cancellation of the scores/results of Agbakor, Isaac Terkuve (Plaintiff) in English Language and General Mathematics by WAEC as unwarranted and unlawful. Delivering judgment in Suit No. MHC/37/2023 between the Plaintiff and WAEC (Defendant) on 7th March, 2024, Hon Justice Kume of the Benue State High Court 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 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.This is watershed judgment that will change the character of the operations of examination bodies in Nigeria.
It is also my submission that the examination bodies can not be a judge in their own cause .The Law is Nemo Judex In Causa sua .So, the the examination bodies -WAEC and JAMB can not be the complainant, the investigator and the judge .This is against Section 36 of the Constitution and the Principles of Fair Hearing .
Nigerian Courts have declared that regulators like examination bodies can not constitute themselves into Courts .They can only cancel , ban , demolish with aid of a Court Order
In the case between the National Oil Spill Detection and Response Agency (NOSDRA) and Mobil Producing Nigeria Unlimited (ExxonMobil) (2018) LPELR,-44210 (CA) held that NOSDRA, being an administrative agency, lacks the power to impose fines and penalties without proper adjudication by a court of law.
This is the Law on the matter and I enjoin all Nigerians to test the Law as this is the only way a Society moves forward.
About the Author: Douglas Ogbankwa Esq @douglasogbankwa@gmail.com ,08065193188-(WhatsApp Only) is the President of the National Movement for the Actualisation of Good Governance (NAMAGG).
