WAEC faces N100bn lawsuit over midnight exams

WAEC faces N100bn lawsuit over midnight exams

A Lagos-based lawyer and human rights advocate, Evans Ufeli, has filed a lawsuit against the West African Examinations Council (WAEC) and the Federal Ministry of Education, seeking N100 billion in damages over the alleged violation of students’ fundamental rights during the May 2025 West African Senior School Certificate Examination (WASSCE).

Ufeli, who filed the suit on behalf of affected students, is asking the court to declare the conduct of the English Language exam as “unlawful, inhumane, and constitutionally defective.”

According to him, students were subjected to “degrading and traumatic conditions,” including taking exams in darkness and unsafe environments, sometimes as late as 8pm.

The originating motion, filed under Sections 33, 34, 35, 36, and 46 of the 1999 Constitution (as amended), alongside relevant provisions of the Child Rights Act and the African Charter on Human and Peoples’ Rights, seeks several key judicial pronouncements.

Among the reliefs sought are:

• A declaration that the conduct of the 2025 WASSCE English Language exam in “unsafe and dark conditions amounted to a violation of students’ fundamental rights under the Constitution and African Charter.”
• A mandatory order compelling WAEC and the Ministry to organise a re-sit of the affected exams at no cost to students.
• A public apology from both WAEC and the Ministry, as well as a comprehensive review of their examination logistics and emergency response strategies.
• N100 billion in general and exemplary damages for the trauma, mental anguish, and violation of students’ rights.

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In his filing, Ufeli argued that “thousands of students were forced to sit for exams in ‘unsafe, dimly lit, and hazardous environments,’ often without adequate lighting or security.”

He maintained that such conditions breach students’ constitutional rights to human dignity, fair hearing, and life, as protected under Nigerian law and international treaties.

“The Respondents failed in their constitutional and statutory duties to protect the rights of students during a high-stakes national examination. The result is widespread psychological trauma, disruption of academic performance, and exposure to physical harm,” the application stated.

The suit holds both WAEC and the Ministry responsible for what it describes as administrative negligence, logistical failure, and gross indifference to the welfare of young Nigerians.

Condemning the agencies’ actions, Ufeli said in a statement accompanying the suit:
“This case is not just about one paper. It is about the future of a generation. The law does not permit the State or its agencies to sacrifice the rights and well-being of students on the altar of bureaucratic ineptitude.”

He also referenced reports from the National Assembly, media, and civil society groups which support claims of widespread irregularities, including delayed exam materials and chaotic conditions at many exam centres.

As of press time, no date has been fixed for the hearing of the case.

 

WAEC faces N100bn lawsuit over midnight exams