Maxwell Asore
Maxwell Asore

A BSc Marketing Student of the Institute for Professional Studies (IPS), Mr Asore Maxewell Abugre has won a landmark case against the institute.

The Institute wrongfully withdrew Mr Maxwell’s BSc Marketing degree and published his photographs on notice boards, accusing him falsely of falsifying the certificates with which he entered the IPS.

All attempts to get the Institute to revoke their decision failed as the school refused to give the applicant a listening ear, forcing him to jointly sue the IPS, the Director-General of the Ghana Education Service, the Head of the Technical Examinations Unit and the Attorney-General.

In an affidavit supporting his application, Mr Maxwell through his lawyer, Mr James Agalga, represented by Mr Raphael Alijena, explained that while a student at the Accra Polytechnic, he sat for exam in May/July 2004 as part of his Diploma in Business Studies course.

When the results were released, he failed the Business Communication course and decided to register the private exam in November/December but was given an index number different from the one he used for the May/July exam. He passed the re-sit paper and received the results slip from the Technical Examination Unit which conducted both the first and second exams.

Subsequent to that, the Technical Examination Unit, the applicant argued, issued him with a certificate in which they decided to merge the results of the first and second sittings in one certificate under one index number – the one with which he sat the first time.

The applicant told the Human Rights Court in Accra, presided over Justice Uuter Paul Dery, that he used the two result slips with the respective index numbers to apply for admission into IPS. After completing his studies there, the authorities as part of their verification processes noticed that the applicant’s certificate as issued by the Technical Examination Unit had one index number inconsistent with the result slips which had two different index numbers. On the basis of that, the authorities cancelled his BSc Marketing degree, accusing him of falsifying the results with which he entered the institute.

The IPS authorities, according to the affidavit, did not only refuse the applicant a fair hearing, they also ignored a request by the exams unit that they be furnished with the original results slips of Mr Maxwell Abugre to help them make a determination as to whether the results were falsified.

Mr Abugre therefore argued before the court that his fundamental human right to education was breached by IPS, more so when he was not given a fair hearing before his degree was cancelled.

The court upheld his argument. In its ruling, the court said the IPS had not been able to discharge its burden of adducing evidence to support its assertion that Mr Maxwell Abugre indeed falsified his entry requirements into the institute.

“Further still, and perhaps more importantly, the 1st respondent (IPS) had the applicant’s certificate which confirms that he had the requirement to enter …the institution. So, why did …IPS ignore same and tried to rely on the results slip?”

The court therefore ordered the IPS “to reinstate the applicant’s BSC Marketing Degree.”

The court also awarded GHS10,000 general damages and GHS5,000 costs against IPS.

The applicant is also to pay GHS2,000 cost to the Director-General of the Ghana Education Service, the Head of the Technical Examinations Unit, for dragging them into the case when in fact they played no role at all in the cancellation of his degree. “The action against them is misconceived and is hereby dismissed,” the court held.

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