Monrovia – The Office of the Ombudsman has suffered a major setback after losing a legal battle against the West African Examinations Council (WAEC) Liberia at the Monrovia City Court. The case centered around alleged leaks of the 2024 12th-grade mathematics exam.
The legal dispute began on October 22 when Ombudsman head, Cllr. Finley Karnga, filed a petition for a subpoena duces tecum, seeking documents from WAEC Liberia regarding the alleged exam leak, including records of staff involved and financial details of the re-conducted exam.
However, WAEC Liberia’s lawyers contested the subpoena, arguing that, under Article 16 of the convention establishing WAEC, any such requests should be directed to the council’s registrar at its international office. WAEC’s legal team also described the subpoena as “self-serving,” asserting that it would be improper for WAEC Liberia head Dale Gbotoe to produce evidence against himself.
In his ruling, Stipendiary Magistrate Ernest Barco stated that WAEC Liberia’s head, Mr. Gbotoe, is not subject to the Liberian government’s Code of Conduct, as he is an international staff member with diplomatic immunity. Citing Section 12.2 of the Code of Conduct, Judge Barco clarified that the Ombudsman’s authority does not extend to international employees of organizations like WAEC.
“The Office of the Ombudsman shall receive and investigate complaints regarding adherence to the Code of Conduct; however, violations by private, public, or government employees fall under the jurisdiction of agencies like the Liberia Anti-Corruption Commission (LACC),” Judge Barco explained.
Consequently, Judge Barco dismissed the Ombudsman’s petition for the subpoena, while Cllr. Karnga’s office indicated plans to appeal the ruling to a higher court.
In response to the ruling, WAEC Liberia head Dale Gbotoe pledged to uphold law and order within the examination body. He emphasized that WAEC Liberia, along with the Liberia National Police, had already investigated and charged staff involved in the alleged cheating incident, with all relevant documents submitted to the court.
Mr. Gbotoe explained that the Ombudsman had requested to take over the investigation, a request WAEC Liberia denied, citing its status as an international organization. “We informed Cllr. Karnga that WAEC operates under international protocols and that any formal complaints should be directed to our international registry,” Gbotoe stated.
However, Cllr. Karnga criticized the court’s ruling, accusing WAEC Liberia of concealing information. He claimed the judge misinterpreted the Code of Conduct and argued that no independent investigation was conducted by WAEC, vowing to continue his efforts to ensure accountability and transparency.
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