Court to hear WAEC stay of execution on withheld results ruling

An Accra High Court will on Thursday 20 February, hear a stay of execution filed by the West African Examinations Council in relation to withheld examination results.
A High Court in Accra on January 30, 2025, ordered the Council as a matter of urgency to release withheld results over 10,500 WASSCE candidates.
It also ordered WAEC to publish new results without any prejudicial footnotes.
The Court held that WAEC’s decision to withhold the results without assigning reasons was unjustified as the reasons given varied ambiguously between “alleged examination malpractice and alleged irregularities.”
The Court held that WAEC had invigilators who reported no malpractices and irregularities during the examinations.
According to the Court, withholding the examination results could hinder the growth and development of the country as candidates affected were potential leaders.
The WAEC, however, on February 3, 2025, filed a stay of execution in relation to the High Court ruling on January 30, 2025.
The Council said the High Court failed to consider the fact that it had communicated to the affected candidates and their counsel about ongoing investigations and invitations extended to candidates to participate in the hearing of the matter
It noted that the High Court failed to consider the fact that respondents had been informed on the face of their results that their various subjects had been withheld for their involvement in examination malpractice.
Again, WAEC said the High Court also “wrongfully exercised its discretion” in granting the application by failing to consider the timelines within the candidates filed their application for mandamus as against their demand to them for the publication of the results.
The WAEC contended that it had a duty to the public and to the tertiary institutions who relied on the results, to publish results which “accurately” reflected the outcome of the examinations conducted by them.
WAEC held that investigations into alleged examinations malpractices were “currently ongoing and the release of the results will jeopardize the investigation process.”
“That it is in the interest of the public and the universities which rely on the results published by the applicant (WAEC) that the published results are not tainted by any examination malpractice, and this is an exceptional circumstance which warrants the grant of the present application.”
According to WAEC if the Court did not stay execution of the ruling dated January 30, 2025, its appeal once successful would be rendered “nugatory and of no effect.”
“That the applicant (WAEC) cannot be compensated by damages if it is successful on appeal as the respondents would have applied to various universities with the results which are tainted by examination malpractices and the integrity of Applicants (WAEC) examinations would have been put into question by these universities and the public.”
The WAEC said in the interest of justice, the Court should grant the application to stay execution of the High Court ruling on January 30, 2025, pending determination of an appeal at the Court of Appeal.
Over 10,500 candidates from over 12 institutions proceeded to court praying for reliefs or orders in mandamus or injunction to compel WAEC to release all withheld results of affected students and publish new results without any prejudicial footnotes.
The candidates held that they did not engage in any examination malpractice in the withheld papers.
The candidates contended that they had already purchased university application forms and that the universities had given them very limited time to upload their results.
They held that WAEC had failed to indicate when it intended to conclude investigations, and they would be affected should the universities close admissions.
GNA