The Stipendiary Magistrate of Monrovia City Court Ben Barco has issued a writ of ‘Subpoena Duces Tecum’ on the office of the West Africa Examination Council (WAEC) and its head in Monrovia, Dale Garmondeh Gbotoe, to appear before the court on Thursday, August 29, 2024, at 10:00 a.m.
Mr. Gbotoe is required to produce all documents and or information relating to the leaked mathematics exams for 2024.
The WAEC Boss Liberia is also mandated to disclosed the names of all staff and people considered persons of interest in the leaked mathematics exam, and also state the security protocol that were instituted to safeguard the exam preparation, exam storage, exam production, exam management, and exam administration.
A subpoena duces tecum is a legal instrument that is invoked by a judge or any counselors in a legal battle that compels a person, instructions or organization to appear before the court with documents that are related to the case in which they are auguring.
Recently, WAEC Liberia administrative investigation conducted a report after the mathematics exam was leaked for which some staffers of WAEC Liberia are being held liable.
WAEC Liberia Boss is further mandated to disclosed documents regarding the amount paid for the rerunning of the 2024 mathematics exam; and other documentary information within the possession of WAEC.
It also covers providing documents and supporting the administrative report for the leaked mathematics exam.
Judge Barco’s decision to issue the writ of Subpoena Duces Tecum was triggered by a communication written by the office of the Ombudsman requesting the court to issue a writ on WAEC Liberia Boss.
The Office of the Ombudsman wrote the judge of the Monrovia City Court on July 11, 2024, making a follow-up letter on July 22, 2024.
WAEC Liberia was asked to file their reply on July 23, 2024, and was cited for a conference on August 20, 2024, at 10:00 am.
A release issued by the office of the Ombudsman has accused WAEC Liberia of withholding the requested information and not wanting to provide it.
The Ombudsman Office communication requested the Court to order the Head of WAEC Liberia to appear and to provide the information requested within five business days under Section 12.3(c), Code of Conduct 2014 (as amended); and Section 14.2, Revised Convention Establishing the West African Examination Council (2003).
Section 12.3 (c), Code of Conduct 2014 (as amended 2022) c. states: “To make such inquiries and obtain such assistance and information from any agency of person as the Ombudsman shall require for the discharge of its duties; however if such assistance is withheld, the Office of Ombudsman is empowered to seek the assistance of the Courts for subpoenas and other legal means needed to perform its duties consistent with the laws of Liberia, Section 14.2, Revised Convention Establishing the West African Examination Council (2003).”
“Such laws incorporated per paragraph 1 of this Article shall, without prejudice to existing laws [of the contracting state, such as those dealing with forgery, fraud, and similar offenses, include offenses relating to malpractices in examinations and the award of certificates and diplomas for examinations conducted by the Council under this Convention.”
The Ombudsman Office further requested the Monrovia City Court Judge Ben Barco to fine the Head of WAEC Liberia US$200 to be paid forthwith within the Central Revenue Account of the Government of Liberia at the Central Bank of Liberia as a prayer for “other legal means to perform [the] duties…” given the circumstances under which the Head of WACE Liberia refused to cooperate on the leaked mathematics exam 2024 matter.
The Letter of the Ombudsman Office
“The Office of the Ombudsman’s attention is drawn to allegations surrounding the leakage of the 2024 West African Senior School Certificate Examination (WASSCE) in Liberia.
The Office’s attention is particularly drawn to two press releases attributed to WAEC Liberia as published in the local media. One of these press releases claimed that material purporting to be WAEC test questions was faked, while the other announced the postponement of the mathematics test.
The Ombudsman Office is interested in knowing what precipitated the postponement of the mathematics test, especially considering that it closely followed leakage denial. The Ombudsman Office therefore requested the Head of WAEC Liberia to provide specific information on July 11, and 22, 2024. This follows a conference on August 20, 2024.”
Despite these efforts, the Head of the WAEC Liberia Office, Hon. Dale Garmondeh Gbotoe, has allegedly ignored the lawful request of the Ombudsman Office to provide the relevant information regarding the postponement of the Mathematics test during the just concluded West African Senior School Certificate Examination (WASSCE) for School Candidates, 2024, by wrongly citing Section 16.5 of the Revised Convention Establishment the West African Examination Council 2003 thus inhibiting the discharge of the Ombudsman Office’s functions.
