West African Examination Council V Omodolapo Yemisi Adeyanju (2008)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on 21st March, 2002 in which the appeal of the applicant at the trial High Court, who is now the respondent before this court was allowed and judgment was entered in her favour in terms of her prayers before the trial High Court which had earlier refused and dismissed the respondent’s case.

The respondent as applicant had instituted her action in the High Court of Justice of Lagos to enforce her fundamental right to fair hearing by filing a motion ex parte dated 5th October, 1999. seeking for the leave of that court to do so under sections 46(1) and (2) and 316 of the Constitution of the Federal Republic of Nigeria, 1999, in accordance with the procedure prescribed by Order 1 rule 2 and 3(1) of the Fundamental Rights (Enforcement Procedure) Rules, 1979. The ex parte application sought for the following orders:

“1. AN ORDER extending the time within which the applicant can enforce her fundamental right to fair hearing.

2. AN ORDER granting leave to the applicant to enforce her fundamental right to fair hearing by seeking the reliefs set out in the statement hereto.
3. AN ORDER permitting the granting of leave to operate as a stay of all actions of the respondent against the applicant by suspending the purported withdrawal and cancellation of the November/December, 1995 Senior School Certificate Examination (SSCE) results of the applicant pending the hearing and final determination of the motion on notice to be filed hereunder.”

The application was heard by the trial High Court on 14th October, 1999, granting 1st and 2nd prayers only while the motion on notice was fixed for hearing on 25th October, 1999. In the statement in support of the application, the respondent sought for the following reliefs:

“1. A DECLARATION that the cancellation of the results obtained by the applicant in the November/December 1995 Senior School Certificate Examination by the respondent communicated to the applicant vide the respondent’s letter dated 27th March, 1998 is illegal, unconstitutional, null and void as same violates the applicant’s right to fair hearing guaranteed by section 36 of the Constitution of the Federal Republic of Nigeria, 1999 and Article 7 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement Act) Cap. 10, Laws of the Federation of Nigeria, 1990.

2. AN ORDER quashing the decision of the respondent to cancel the said results and compelling the respondent to issue the applicant a certificate based on the said results forthwith.
3. AN ORDER compelling the respondent to furnish the admission office of University of Lagos the purportedly cancelled results of the applicant in the said November/December, 1995 Senior School Certificate Examination.”

The grounds upon which the reliefs were being sought were stated in paragraphs 3 of the statement thus:

“(i) Under the WAEC Act, Cap. 468, Laws of the Federation of Nigeria, 1990, withdrawal and invalidation of certificate or cancellation of result of a candidate in an examination conducted by WAEC is a punishment for examination malpractice(s) on the part of such candidate.

(ii) The respondent’s unilateral cancellation of the result of the applicant obtained in the said November/December 1995, Senior School Certificate Examination without any allegation being levelled against her or any representation hearing being received from her before the cancellation is violative of her right to fair hearing entrenched in section 36 of the Constitution of the Federal Republic of Nigeria, 1999.

(iii) The notification of results of the said examination dated the 3rd day of January, 1997, issued to the applicant and her use of same between the said date and April, 1998, when the applicant was notified that the said results had been cancelled, constitute an estoppel in law, preventing the respondent from disenabling the applicant from further use of the said results.

(iv) The respondent’s non issuance of the uncancelled results of the applicant to UNILAG is ultra vires, the respondent having regards to its powers under the West African Examination Council Act, illegal and unconstitutional being a step taken in furtherance of the violation of the applicant’s right to fair hearing guaranteed by the aforementioned Constitution and Charter.”

There was no affidavit filed in support of the application but facts in support of the application were given as part of the statement in support of the application in the following paragraphs-

“1. The applicant is a part three (300 level) student of the Department of Accounting, Faculty of Business Administration, University of Lagos (UNILAG). Attached hereto and marked exhibit ‘A’ is a photocopy of her students identity card.

2. The respondent is an examination body set up under the West African Examinations Council Act to conduct Secondary School final examination and award certificates and diplomas in respect of the results of examinations so conducted.
3. The applicant was admitted into University of Lagos (UNILAG) in February 1998 having accepted the provisional admission offered her by the Joint Admission and Matriculation Board (JAMB). Attached hereto and marked exhibit B and C ate the applicant’s University Matriculation Examination (UME) notice of result and the said letter of admission.
4. The applicant’s provisional admission was predicated on the results of the West African Senior School Certificate Examination, conducted by the respondent in November/December, 1995, wherein she obtained two (2) distinctions, five (5) credits and a (1) pass.

Attached hereto and marked exhibits D and F are the applicant’s particulars – sheet in, result sheet of and the notification of results obtained in the said examination.