[1999]DLHC115 • July 12, 1999 • High Court
BENARD vs WEST AFRICAN EXAMINATIONS COUNCIL
The plaintiff sat for the 1995 Advanced Level Economics examination conducted by the defendant council. Upon publication of results, his name appeared with 'results withheld'. He was later informed by letter that his results were cancelled and he was barred from exams for three years due to alleged impersonation. Investigation revealed the impersonator was another candidate, not the plaintiff. The defendant later revoked the cancellation, apologized, and released results showing the plaintiff failed the exam. The plaintiff declined an offer to resit and sued for declarations and damages.
read moreJUDGMENT OF HEWARD-MILLS J. The plaintiff in November-December 1995 wrote for the General Certificate of Examination Advance Level economics examination conducted by the defendant council. When the results were published subsequently, he found his name on the notice board with the word “results withheld” printed against his name. He made several attempts to find out the reasons, but all to no avail. On 9 September 1996, he received a letter from the council. It was to inform him that the council had decided to cancel his entire examination results and to bar him from taking any examination conducted by the council for three years. His crime stated in the second paragraph was that “he had impersonated another candidate during the examination.” As a further punishment, his particulars were going to be given due publicity. If he attempted to enter any of the council’s examination before the expiration of the three years, his entry would be null and void and there would be ...