Accra, Feb. 20, GhanaStream – An Accra High Court has dismissed the West African Examinations Council’s (WAEC) application for a stay of execution in a case involving the withholding of examination results for over 10,500 candidates. The court, presided over by Justice Ali Baba Abature, deemed WAEC’s application unmeritorious and imposed a cost of GHC 5,000 against the examining body.
In January 2025, the High Court directed WAEC to release the results of candidates whose outcomes had been withheld due to alleged examination malpractices. The Council had initially withheld the results after releasing the 2024 West African Senior School Certificate Examination (WASSCE) results, citing suspicions of malpractice. However, the court ruled that the balance of convenience favored the affected students, as withholding their results could hinder their educational progression.
Justice Abature emphasized that without access to their results, the students would be unable to gain admission to universities or pursue their desired courses of study. The court further noted that WAEC had failed to disclose specific details of the alleged examination malpractices to the candidates, as required by law and the Constitution.
“The application of WAEC for a stay of execution pending appeal is dismissed as unmeritorious,” stated the court.
Representing WAEC, Monalisa Oppong Owusu argued that releasing the withheld results could cause administrative challenges if the Council were later required to retract them. She maintained that the release could undermine public confidence in WAEC’s ability to maintain examination integrity, given the global recognition of its certificates. Ms. Owusu also contended that the appeal had a high likelihood of success, raising critical legal questions regarding the High Court’s decision to grant the order of mandamus.
However, Mr. Kormivi Dzotsi, holding the brief for Mr. Martin Kpebu, who represented the students, urged the court to dismiss WAEC’s application. He argued that withholding the results would deprive the students of opportunities to secure admission to universities and pursue their preferred courses. Additionally, Mr. Dzotsi asserted that WAEC had not provided evidence specifying the alleged malpractices, thus violating principles of natural justice.
“If WAEC seeks to uphold its credibility, it must adhere to the principles of fairness and transparency enshrined in the laws of the land,” Mr. Dzotsi emphasized.
Following a review of submissions from both parties, the court concluded that releasing the results was in the best interest of the affected students, ensuring their right to education and future opportunities. With the dismissal of the stay of execution, WAEC is now obligated to release the results, marking a significant legal victory for the affected candidates.
