A Benue state high court has ruled as unlawful and unwarranted, the decision of the West African Examination Council (WAEC) to cancel the result/scores of Isaac Terkuve Agbakor, plaintiff in a suit filed before it against the examination body.
Delivering judgement in the suit marked MHC/37/2023, with WAEC as the sole defendant, Justice Tertsea Kume, declared that the unilateral cancellation of the result of the plaintiff in English and Mathematics by the defendant without giving the plaintiff an opportunity to defend himself of any allegation is an infringement on his fundamental right to fair hearing and therefore granted an order, mandating the defendant to restore and release the plaintiff's score/result in English Language and General Mathematics forthwith.
The court also directed the defendant to issue a certificate to the plaintiff covering all the nine subjects the plaintiff registered and sat for in the said examination in contention.
Earlier in his defence, WAEC through it's counsel had informed the court that the results were cancelled due to an incident of examination malpractise, but the court held that examination malpractise is a criminal offence and only a court of competent jurisdiction which in this case is the federal high court within the jurisdiction where the offence was committed, that can declare commission of such crime by a candidate.
The court also noted that though the defendant was alleging exam malpractise, the scripts of the student who allegedly got involved in the act were not tendered as evidence before the court.
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