No fixed date yet for the hearing of suit by Barrister challenging WAEC over midnight examination

By allcitynews.ng

A Lagos-based lawyer and human rights activist, Evans Ufeli, has dragged the West African Examinations Council (WAEC), and the Minister of Education before the Federal High Court sitting in Lagos.

No date has been fixed for the hearing of the suit.

The Activist is seeking redress for what he described as the gross violation of the fundamental rights of Nigerian students during the conduct of the 2025 West African Senior School Certificate Examination (WASSCE).

In a suit filed on behalf of affected students, Ufeli is asking the court to declare the conduct of the May 2025 English Language examination as unlawful, inhumane, and constitutionally defective.

He accused the examination body and the Ministry of Education of subjecting students to degrading and traumatic conditions, including writing papers in darkness and unsafe environments, in some cases as late as 8pm.

The originating motion, brought pursuant to Sections 33, 34, 35, 36, and 46 of the 1999 Constitution (as amended), as well as relevant provisions of the Child Rights Act and the African Charter on Human and Peoples’ Rights, seeks a series of far-reaching judicial interventions.

These include an order compelling the authorities to conduct a re-sit of all affected exams under appropriate conditions and to pay N100 billion in damages for the trauma and rights violations suffered by the students.

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

According to him, such conditions violate the rights to human dignity, fair hearing, and life, as guaranteed under Nigerian law and international treaties to which the country is a signatory.

“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 reads in part.

The suit identifies both WAEC and the Federal Ministry of Education as culpable, accusing them of administrative negligence, logistical failure, and gross indifference to the welfare of young Nigerians.

Among the six key 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.

“An order directing the Respondents to publicly apologise and undertake a comprehensive review of their examination logistics and contingency procedures.

“N100 billion in general and exemplary damages for the alleged mental anguish, trauma, and violation of students’ rights.

In a statement accompanying the suit, Ufeli blamed WAEC for what he described as “a monumental failure of planning and foresight,” stating that the Council’s justification of security threats and malpractice concerns is not an excuse to subject minors to inhumane treatment.

“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,” Ufeli said.

He also cited findings from the National Assembly, media outlets, and civil society organisations, which corroborated reports of widespread irregularities, lateness in delivery of exam materials, and chaotic conduct in many centres across the country.

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