The court, which described the Councils’ application as unmeritorious, also awarded a cost of GHC5,000 against it.
Presided over by Justice Ali Baba Abature in January 2025, the court ordered the West African Examinations Council (WAEC) to release the results of the more than 10,500 candidates, which had been withheld over alleged examination malpractices.
WAEC, last year released the 2024 WASSCE results but withheld over 10,000 candidates result on the grounds that they had engaged in examination malpractices.
The trial judge, in his ruling on the stay of execution, held that after reading through the various submissions, including affidavits in support and in opposition by parties, and a careful look at the various attachment, the balance of convenience tilted towards the 10,500 candidates.
The court said the candidates involved in the matter may not be able to continue schooling without the release of their results by WAEC.
Again, without the release of their results, the affected students would also not be able to pursue their preferred courses of study at the various universities or higher institutions of learning they had applied to.
The court said: “The so-called examination malpractices and irregularities that the respondents (students) were alleged to have engaged in were not disclosed to them as required by law or the by the Constitution before withholding the results.
“The application of WAEC for stay of execution pending appeal is dismissed as unmeritorious,” it said.
Monalisa Oppong Owusu, who argued for WAEC, told the court that their appeal hinged on four grounds.
She said the appeal, when declined, would bring untold hardships to the Council and same would render its appeal nugatory.
She indicated that the appeal had a greater chance of succeeding at the Court of Appeal.
Ms Owusu said retracting the results of the affected students (post admission) by WAEC could create administrative chaos and would be impracticable for the Council to restore the status quo.
WAEC’s counsel held that the appeal has raised several legal issues, including whether the High Court was right or wrong in granting the order of mandamus.
“It was our case that releasing the results now would permanently damage the credibility of WAEC as an examining body. The public confidence in WAEC’s ability to maintain examination integrity would be greatly undermined.”
The integrity of WAEC examination systems depended on strict adherence to regulation that ensured fairness and credibility, Ms Owusu said.
She said the situation at hand would have far global consequences as it was an established fact that the certificates issued by the Council were used by students to apply for universities abroad.
Mr Kormivi Dzotsi, who held the brief for Mr Martin Kpebu, Counsel for the students, urged the court to dismiss the stay of execution because the application did not have the chance of success.
If the results of the affected were withheld, it would deny them the opportunity to gain admission and offer preferred courses at the various universities, he said.
He said once denied admission, the students would have to wait for another year and that WAEC, in protecting its credibility, owed a duty to comply with the rules of natural justice.
“If WAEC seeks credibility to its candidates, it should be true to credibility principles in the fundamental laws of the land.”
Counsel for the students contended that WAEC had not been able to disclose or state the kind of examination malpractices that the students had engaged in.
Mr Dzotsi, therefore, prayed the court to dismiss the application for stay of execution.
GNA
