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MARIAN AWUNI
V.
WEST AFRICAN EXAMINATION COUNCIL IN THE MATTER OF AN APPLICATION BY DANIEL AWUNI PER HIS NEXT FRIEND.

(2004) JELR 68350 (SC)

Supreme Court 21 Jul 2004 Ghana
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- The Supreme Court held that the West African Examinations Council (WAEC), as an administrative body under Article 23 of the 1992 Constitution, is constitutionally obliged to act fairly and reasonably; its failure to provide affected stude

Case Details

Judges:KPEGAH J.S.C. (PRESIDING),MISS AKUFFO J.S.C,BROBBEY J.S.C,DR. TWUM J.S.C,DR. DATE-BAH J.S.C
Counsel:DR RAYMOND ATUGUBA (WITH HIM BAASIT ABDUL AZIZ) FOR THE APPELLANTS; KIZITO BEYUO FOR THE RESPONDENT.
Other Citations:(2004) JELR 68354 (SC)

JUDGMENT

KPEGAH JSC.

On 17 June 2004, this court allowed the appeal against the decision of the Court of Appeal but reserved its full reasons to be given later. I now proceed to give my reasons why my vote was cast that the appeal be allowed.

The facts of this case are fairly simple and I do not think a detailed discussion or analysis of them is crucial to the determination of this appeal. The essential facts should not seriously be in dispute since the case was contested from the trial High Court to this court purely on legal grounds, both substantive and procedural, with the latter dominating and tilting the scales against the appellant in the Court of Appeal.

The case arises out of the decision of the Final Award Committee of the West African Examinations Council (hereinafter referred to as the council) not only to cancel the entire results of the appellants but also to ban them from taking part in any examinations conducted by it for three years. The facts, which in my view are essent…

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