How do I seek justice for leaked exam question?
Dear Mirror Lawyer, During the conduct of my school’s end-of-semester examination, there were allegations that some of the questions had leaked.
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The examiners resorted to scrutinising the scripts of the students to determine which students had received the questions.
The results of students whom the school deemed had received the exam questions were initially withheld and the students were subsequently dismissed. I was one of those students affected and have not had it easy since then.
I never received any questions but the school did not even want to hear my side of events. I don't even know what to tell my parents after all their sacrifices to put me through school. Is there anything the court can do for me?
– Kwasi Brew
Dear Kwasi, I know this is really a difficult moment for you. In Ghana, administrative bodies must adhere to a principle known as natural justice. The principle is premised on two important legs.
The first leg is ‘audi alteram partem’ a Latin phrase which means hear the other side and the second leg namely ‘nemo judex in causa sua’ which also means you cannot be a judge in your own cause. In this context, what is relevant is the first leg of the principle of Natural Justice that is audi alteram partem (hear the other side), the enabling law that governs this principle are articles 33(1) and 23 of the 1992 Constitution of the Republic of Ghana. Article 23 of our Constitution states:
“Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal.”
Article 33(1) confers power on the High Court in cases where the person seeking redress alleges that his or her personal rights have been infringed upon. It provides that:
“33(1) Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress.
"Wade on Administrative Law (6th ed), p 523 states that:
“Powers of a purely administrative character must be exercised ‘fairly’ meaning in accordance with natural justice—which after all is only fair play in action.”
There have been judicial decisions concerning this principle of audi alteram partem. Cases such as Awuni v WAEC (West African Examination Council) is one of the cases where the principle was upheld. All you need to establish is that the school failed to give you an audience. In that case, you must provide sufficient evidence to prove that indeed the school failed to hear your side of the story.
From your account of events, it is obvious that the school failed to give you an audience.
The above constitutional provisions and Wade’s well-renowned book on administrative law provide a good ground from which you can seek redress. Please find a lawyer to represent you and possibly institute legal action on your behalf. All the best as you endeavour to fight for your right.