Mumuni Abdanla Tonhaa v. West African Examination Council

Mumuni Abdanla Tonhaa sued the West African Examinations Council (WAEC) seeking a declaration that he qualified for a Diploma in Business Administration, an order to award the diploma, or alternatively single subject certificates in Business Law, Business Finance, and Marketing, plus damages and costs. He registered in 2004 as a private ABCE candidate, sat examinations in May/June and October 2004, and passed three compulsory and two optional subjects. WAEC argued he failed to indicate the correct subject combination at initial registration and was therefore entered for single subject examinations only. Interpreting Clause 5 of WAECs guidance notes, the High Court held the diploma requires initial registration of three compulsory and two optional subjects; failing that, candidates are treated as single subject entrants. The court held Tonhaa was not entitled to the diploma but that WAEC wrongly refused to issue his single subject certificates. It ordered WAEC to issue the certificates, awarded nominal damages of GH
b 2,000, and costs of GH
b 5,000.