LIBERIA – The Monrovia City Court has issued a writ of ‘Subpoena Duces Tecum’ to the West Africa Examination Council (WAEC) and its head in Monrovia, Dale Garmondeh Gbotoe, requiring them to appear before the court on Thursday, August 29, 2024, at 10:00 a.m. The court order demands that Mr. Gbotoe produce all documents and information related to the leaked 2024 mathematics exam. Additionally, he is required to disclose the names of all staff and individuals considered persons of interest in the leak, as well as detail the security protocols that were in place for the preparation, storage, production, management, and administration of the exam.
A subpoena duces tecum is a legal order compelling an individual, institution, or organization to present specific documents in court that are relevant to an ongoing case. This particular writ was issued following a request from the Office of the Ombudsman, which has been investigating the circumstances surrounding the exam leak. According to the Ombudsman, WAEC Liberia has been uncooperative in providing the necessary information, prompting the court’s intervention.
Recently, WAEC Liberia conducted an internal administrative investigation into the leak of the mathematics exam. The report from this investigation implicated several staff members, who are now being held accountable. The court has also mandated Mr. Gbotoe to submit documents regarding the costs associated with rerunning the 2024 mathematics exam and any other related information.
The decision to issue the writ was prompted by communications from the Office of the Ombudsman to the Monrovia City Court, first on July 11, 2024, and then in a follow-up letter on July 22, 2024. The Ombudsman accused WAEC Liberia of withholding information and requested the court’s assistance to compel the release of the requested documents.
The Ombudsman cited Section 12.3(c) of the Code of Conduct 2014 (as amended in 2022) and Section 14.2 of the Revised Convention Establishing the West African Examination Council (2003) to support its request. These provisions empower the Ombudsman to seek the court’s assistance in obtaining necessary information when cooperation is withheld.
The Office of the Ombudsman has also requested the court to impose a fine of US$200 on the head of WAEC Liberia for non-compliance, to be paid into the Central Revenue Account of the Government of Liberia at the Central Bank of Liberia. The Ombudsman’s letter expressed concern over the conflicting press releases issued by WAEC Liberia regarding the leak, which initially denied any leak and later announced the postponement of the mathematics test.
Despite these efforts, Mr. Gbotoe has reportedly refused to comply with the Ombudsman’s request, citing Section 16.5 of the Revised Convention Establishing the West African Examination Council 2003. This refusal has hindered the Ombudsman Office’s investigation into the leak and its impact on the integrity of the 2024 West African Senior School Certificate Examination (WASSCE) in Liberia.
As the court date approaches, there is a growing demand for transparency and accountability from WAEC Liberia, as the public awaits the outcome of this legal battle.
