Compulaw - 1st Indigenous Digital Law Library

Brief

Ground of appeal
Issues for determination
Fundamental rights procedure

Facts

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 Rules 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 rights 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 People's Rights (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 paragraph 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 leveled against her or any representation hearing being received from her before the cancellation is violative other 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 Result 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 examining body set up under the West African Examinations Council Act to conduct Secondary School final examination and award Certificate 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 Exhibits 'B' and 'C' are 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 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', 'E' and 'F' are the Applicant's particulars - Sheet in. Result Sheet of and the Notification of Results obtained in the said examination.
5
The said Notification of Result (Exhibit) 'F') dated 3rd January, 1997 was signed by one Wumi Ajiboye on behalf of the Head of Respondent's National Office.
6
The Applicant progressed in UNILAG after her said admissions. Attached hereto and marked Exhibit 'G' is a photocopy of the Applicant's Examination Result slip for the 2nd Semester of 1997/ 1998 Session.
7
In April, 1998 the Applicant received a letter from the Respondent dated 27th March, 1998 and signed by "N.A." Onaeko for SDR/Head of National Office to which a Notification of Result was attached. The said Notification cancelled the Applicant's results in their entirety. Attached hereto and marked Exhibit "H" is the said letter and its said Annexure (Notification of Results).
8
The said letter was received when the Applicant was already in her second year in UNILAG
9
The Applicant and her mother have made several efforts to secure a reversal of the said cancellation from WAEC to no avail. Indeed WAEC recently sent the details of the cancelled Result to UNILAG'S Admission Office as part of the latter's students' credentials verification exercise.
10
The Applicant was never invited to appear before any panel or investigation committee to answer to allegations of examination malpractices nor was any representation received from her in respect thereof before her Results were cancelled.
11
The Applicant is a God fearing, diligent, upright, brilliant student who has never engaged in examination malpractices in her life.
12
The Applicant did not engage in examination malpractices in the November/December, 1995 Senior School Certificate Examination conducted by the Respondent."

The statement of result which the Respondent claimed was issued to her and later cancelled by the West African Examination Council, WAEC, which is the Appellant in this Court marked as Exhibit "F" before the trial Court reads:-

“The West African Examinations Council
Plots 16, 18 & 20, Ijaiye Road,
Ogba Estate,
P.M.B. 21582, Ikeja, Lagos.
Ref. No. IK/ED/RESULTS/129/VOL.
3rd January, 1997

TO WHOM IT MAY CONCERN

This is to confirm that Adeyanju Omodolapo Yemisi (Female,) sat for the November/December, 1995 S.S.C.E., as candidate Number 55834/019. Her results are as shown hereunder:

Subject Grade Result
English Language 6 Credit
Yoruba Language 3 Good
Literature-in-English 6 Credit
Geography 5 Credit
Government 6 Credit
Economics 5 Credit
Mathematics 3 Credit
Biology 5 Credit
Commerce 7 Pass
Number of subjects: Nine

As we have no other means of identifying the candidate, it is the responsibility of anyone accepting the results to satisfy himself that the bearer and Adeyanju Omodolapo Yemisi (Female) of our records are the same person.

"Wumi Ajiboye
for: head of National Office "

There are other documents placed before the trial Court in support of the Respondent's application in addition to the confirmation of result exhibit. When the motion on notice was served on the Appellant, WAEC which was the Respondent in the application, it reacted by filing a further counter affidavit sworn to by its Legal Officer in its Yaba Officer, Lagos Mr. Patrick Emokpae. The relevant part of this further counter affidavit are paragraphs 3, 4, 5 and 10-21:

3
"That the Respondent herein is a body set up under the West African Examination Council Act to inter alia review and consider examinations and award Certificates and Diplomas on the results of examination so conducted.
4
That sometime in 1995 the Respondents through Newspaper advertisement in the national dailies called for interested candidates to apply to sit for the Senior School Certificate Examination November/December 1995.
5
That the Applicant herein bought the examinations forms for the S.S.C.E. November/December 1995, filled the same and also paid the examination fees and/or money to the Respondent. The Applicant solemnly declared to abide by the Regulations guiding conduct of the examinations and appended her signature on the Form. Attached herewith and marked Exhibit lAare the relevant copies of the entry form xxxxxxxxxxxxxxxxxxxxxx.
10
That in carrying out its own part of the obligations in the agreement in conducting the Examinations, the Respondent engages the services of Invigilators and Supervisors who are respectable and responsible citizens of the society who must see to the proper conduct of the examinations.
11
The invigilators and Supervisors ensure the compliance by the parties to the agreement of the regulations for the conduct of the examinations and issue reports on the same.
12
That the Applicant with No. 55834019 was marked absent in the marks and attendance sheet during the course of the examination but had scores against her name in the subject commerce and the same was considered an irregularity. The relevant copy of the marks and attendance sheet is attached and marked Exhibit 2.
13
That prior to the mutilation and alteration observed in the document as in paragraph 12 above, the Respondent had compiled the list of such candidates involved in such irregularities for deliberation by a body in the Respondent. Attached and marked Exhibit 3 is copy of the document.
14
That by further investigation by its various organs the Respondent decided that the results of the Applicant be and was cancelled and the information was conveyed to the Applicant by a Notification of result slip issued on 17th October 1997 (Applicant's Exhibit II).
15
That the (Applicant's Exhibit E) is a computer print-out which is not given out nor made out to candidate, and purely for information and die Respondent's consumption pending various decisions on examination results and candidates to be ratified by the Respondent.
16
That the results of candidates who sat for the examinations are notified of the same through the usual and traditional Notification of result slip.
17
That the confirmation and/or notification of the Applicant's result as in the Applicant's Exhibit F preceded Exhibit H, the Notification of result slip as approved and ratified by the Respondent.
18
That the Respondent has no record of Applicant's Exhibit F, suspects fowl play and has proceeded to investigate same as the authors) did not have the authorization of the Respondent express or implied to unilaterally release a result of a candidate under investigation.
19
That the Statement of results are not issued to individual candidates or persons. They are forwarded directly by the Council (Respondent) to institutions and other bodies on application by the candidate and payment of prescribed fees.
20
That the candidate among other requirements must forward to the Council (Respondent) 2 passport photographs, photocopies of his/her school testimonial and the Statement of the result and Certificate to be confirmed. Attached herewith and marked as Exhibit 4 is a copy of the Circular/Regulations guiding issuance of Statement/Confirmation of result by the Respondent.
21
That the Applicant was notified of the cancellation of her result on the 17th October, 1997."

A number of documentary exhibits accompanied the further counter affidavit including the marks and attendance sheet on which the Respondent wasmarked absent in her examination centre when the commerce paper was being taken.

After hearing the parties on their written addresses duly filed in order to give the matter accelerated hearing, the learned trial Judge, Hunponu Wusu J., came to the following conclusion on the Respondent's application at pages 107 -108 of the record:

"The issue of fundamental rights did not arise in this case since it was a direct contract between the Applicant and the Respondent which this Applicant had agreed to abide with.
I cannot therefore find in favour of this Applicant on this issue. The sanctity of the contract must be maintained and the Courts are not to read extraneous or moral issue into contract mutually entered into by the parties xxxxxx.
For all the reasons stated above, I am unable to accede to the requests of this application for enforcement of her fundamental rights. This application fails and is accordingly dismissed."

Dissatisfied with this Ruling/judgment of the trial Court, the Respondent as Applicant, appealed against it to the Court of Appeal Lagos Division, Which after hearing the appeal, in a unanimous decision delivered on 21st March, 2002, allowed the appeal, set aside the decision of the trial High Court and granted all the reliefs sought by the Respondent in her Application to enforce her fundamental right of fair hearing.

West African Examination Council which is the Appellant in this Court, was not happy with the judgment of the Court of Appeal and has therefore appealed against it

Issues

Whether the Respondent's complaint or claim against the cancellation and/or...

WAEC V. Adeyanju (2008) CLR 4(c) (SC)

Judgement delivered on April 11th 2008

Brief

Facts

TO WHOM IT MAY CONCERN

Issues