Although a school enjoys the independence to determine to whom it awards a certificate, schools must release examination results or award a certificate to which students qualify.
Background
In UNIVERSITY OF PORT-HARCOURT V. MR. EDWIN CHIRA NWUZOR (2024) LPELR-62382(SC) (“UNIPORT v. NWUZOR “) the University of Port-Harcourt refused after 5 years to award an MSc. Certificate in Mechanical Engineering (Petroleum and Gas) to Mr. Edwin Chira Nwuzor.
Moreover, Uniport awarded a statement of result to Mr Nwuzor 5 years earlier. While the case was before the Federal High Court, Uniport awarded Mr Nwuzor an MSc certificate in Mechanical Engineering (Petroleum and Gas).
However, Mr Nwuzor insisted on a trial, and the court awarded ₦25million punitive damages against Uniport, who appealed to the Supreme Court. The apex court relied on many cases to hold Uniport accountable.
Can a School Refuse to Award a Certificate to a Student?
Although Nigerian courts consider certain matters integral to the immaculate course of education, the courts have established over the years that public schools established by legislation must respect students’ rights.
Generally, schools exist to conduct academic training and award degrees and certificates to qualified and deserving students in terms of learning and character.
Except for a student who never qualified for a certificate, the school must issue the certificate to the student.
In Uniport v. Mr. Nwuzor, the Supreme Court held “… the University never officially told the Respondent that he did not qualify. The University officials and lecturers kept looking for ways to justify the delay and ostensibly rectify the situation for him.
Uniport did not accuse Mr Nwuzor of not qualifying for the certificate award. Interestingly, that was not the case in its pleadings at trial and the evidence by the Appellant’s witnesses.
Can a School refuse to release students’ examination results?
When a school notifies a student that the student passed and is awaiting his certificate as proof of his success to the world, it is the certificate that proves to the world that the student has fulfilled all conditions precedent for the award of the certificate.
Therefore, students are entitled to the examination results, including answer scripts. Instructively, in Uniport v. Mr Nwuzor (supra), the Apex Court held that the independence of the institution to determine who is qualified and to whom it can award its degrees or certificates transforms into a refusal where schools refuse the certificate award to a student who completed his course of study.
The Supreme Court found that Uniport violated Mr. Nwuzor’s education rights. A situation outside the University’s domestic affairs in which the Courts would interfere.
The award of degrees and certificates should be done under the law setting up the University and according to international best practices.
The Federal Competition and Consumer Protection Act 2018 protects students’ rights in Nigeria’s public and private schools.
Conclusion
Education lawyers will generally challenge a school’s refusal to release examination or assessment results or award certificates. – Whether a public or private school.
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