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Exam Ethics loses case to WAEC, to pay N100, 000 damages

In his judgment, Justice Evoh Chukwu held that the plaintiff failed to prove its case, that by providing such names it would not negatively affect the confidentiality of the examination body.

WAEC

A Federal High Court, Abuja on Thursday dismissed a suit filed by the Exam Ethics Marshals International, against West African Examination Council (WAEC) demanding the names of officials, aiding and abetting examination malpractice.

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Exams Ethics, a Non-Governmental Organisation (NGO) had filed the suit relying on the provisions of the Freedom of Information (FOI) Act.

In his judgment, Justice Evoh Chukwu held that the plaintiff failed to prove its case, that by providing such names it would not negatively affect the confidentiality of the examination body.

He said Sections 13 (1) and 14 (1) of the FOI Act empowers public institutions to deny applicants access to certain information that could undermine the confidentiality and security of the nation.

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The judge said that the applicant also failed to file further and better affidavits in opposition to the submission of the respondent counsel on this position.He ordered the plaintiff to pay WAEC the sum of N100, 000 as damages.

"It is obvious that the applicant failed to prove its case, the suit is hereby dismissed and the applicant is hereby ordered to pay the sum of N100,000 to the respondent as the cost of filing the suit,’’ he said.

The NGO had filed the suit through its lawyer, Mr Jeremiah Akahazemea, demanding for the names of the invigilators, supervisors and the students involved in malpractices for prosecution.

Akahazemea asked the court to compel WAEC to provide them with relevant information that would assist the organisation to prosecute the culprits.

Specifically, the group asked the court to compel WAEC to produce its officials that supervised the May/June 2013, May/June 2014 and Nov/Dec 2014 WAEC examinations.

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The lawyer said that non-disclosure of the culprits made it impossible for education stakeholders, institutions and the public to carry out their civic duties.

It contended that the request was in line with the provisions of the FOI Act. (NAN)

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