DANIEL AWUNI vs. WEST AFRICAN EXAMINATIONS COUNCIL EXAMINATIONS LOOP RIDGE, ACCRA [2002]DLCA6703

DANIEL AWUNI vs. WEST AFRICAN EXAMINATIONS COUNCIL EXAMINATIONS LOOP RIDGE, ACCR... [2002]DLCA6703

Date	2002-12-05
Suit No.	CA/NO. 94/2001
Citation No.	[2002]DLCA6703

ESSILFIE-BONDZIE JA (PRESIDING)

ARYEETEY JA.

OWUSU-ANSAH JA.

[2002]DLCA6703
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													<main id="main" class="content" style="min-height: 60rem" >DANIEL AWUNI<o:p></o:p>vs.<o:p></o:p>WEST AFRICAN
EXAMINATIONS COUNCIL EXAMINATIONS LOOP RIDGE, ACCRA <o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CA/NO. 94/2001&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 5TH DECEMBER 2002<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>OWUSU-ANSAH, JA <o:p></o:p>This
application, for declaratory judgment or orders against the Respondents herein,
has been brought by the applicant herein who is now aged 19 years per his next
friend for himself and also in his representative capacity. The other parties
represented are as follows: <o:p></o:p>1.&nbsp;&nbsp; Adivila Mathew (born on 02.08.80. Aged
21years) <o:p></o:p>2.&nbsp;&nbsp; Akologo Gideon Atanga (born on 24/07/78.
Aged 23years) <o:p></o:p>3.&nbsp;&nbsp; Akugre John (born on 31/12/79. Aged 21
years) <o:p></o:p>4.&nbsp;&nbsp; Aseghebila Elvis Depores (born 19/12/82.
Aged 19 years) <o:p></o:p>5.&nbsp;&nbsp; Atagabe Kenneth Anderson (born 13/07/82.
Aged 19 years) <o:p></o:p>6.&nbsp;&nbsp; Atorah Bede Akorige (born on 22/10/82. Aged
19 years) <o:p></o:p>7.&nbsp;&nbsp; Atiah Albor (born on 01/10/80. Aged 20
years)<o:p></o:p>8.&nbsp;&nbsp; Atuguba Harold Tivah (born on 19/06/80. Aged
21 years) <o:p></o:p>9.&nbsp;&nbsp; Awundre Jerome Anongseam (born on 03/11/82.
Aged 18 years) <o:p></o:p>10.
Aye-Anine Guggisberg (born on 15/08/80. Aged 21 years) <o:p></o:p>11.
Ayibellow Isaac Bakite (born on 20/09/82. Aged 18 years) <o:p></o:p>12.
Ayidiga Eric (born on 28/09/78. Aged 22 years) <o:p></o:p>The
reliefs sought were as follows: <o:p></o:p>(a)&nbsp;
Declarations <o:p></o:p>(i)&nbsp; A declaration that the decision of the Final
Awards Committee of the Respondents (The West African Examination Council)
communicated in a letter No. EC/SSS/RS/Vol. IV/173 dated the 30th April 2001,
to the Headmaster/ Rector of Notre Dame Seminary/Secondary School, Navrongo,
cancelling the entire results of the applicant together with those of the
twelve (12) students, named (supra) of Notre Dame Secondary School, in the
SSSCE for the year 2000 is unlawful, null, void and of no effect. <o:p></o:p>(ii)
A further declaration that the barring of the applicant together with the
twelve (12) other students by the Respondents for three (3) years from taking
any examination conducted by the Respondents is unlawful, null, void and of no
effect. <o:p></o:p>(iii)
The refusal or neglect of the Respondents to release the entire results of the
applicant together with that of the twelve (12) other students in the SSSCE
2000 is unlawful, null, void and of no effect. <o:p></o:p>(b)
Such directions or orders as this Honourable Court may consider necessary and
appropriate to remedy the infringement or violation of the fundamental human
rights and freedoms of the applicant and the twelve (12) other students. <o:p></o:p>The
Applicant came to Court by way of Originating Motion on Notice Supported by
Affidavit. The substance of the application was&nbsp;
that the applicant and the 12 others were registered for, and sat, the
Senior Secondary School Certificate Examinations for the year 2000 which were
organized&nbsp; and conducted by the&nbsp; Respondents. <o:p></o:p>The
applicant insisted that they never had any foreknowledge of any of the question
papers set, either before or during the examination, and also that they never
acted in collusion with any one in the said examinations. <o:p></o:p>Another
point raised by the applicant is that none of the affected students was ever
questioned, cautioned, reprimanded, or interrogated by any agents of the
Respondents either before, during or after writing the said examinations in
respect of any of them having had foreknowledge of the examination question, or
as having acted in collusion with any person(s), in writing the said
examination.&nbsp; A gross violation of the
principles of natural justice was also alleged. <o:p></o:p>In
brief the case for the Respondents/Appellants is that the
Respondents/Appellants as an international Examining Body set up by convention
and law to conduct examination in the English Speaking West African sub-Region
has evolved Rules and Regulations to ensure the sanctity of the examinations,
and also to ensure fairness to candidates. The enforcement of the said
Regulations is to stem out examination malpractice in the public interest.<o:p></o:p>The
applicants relied heavily on Exhibit C which states a</main>