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WEST
AFRICAN EXAMINATIONS COUNCIL LAW,
1991 (PNDCL 255)
ARRANGEMENT OF SECTIONS
Section
PART I—APPLICATION OF CONVENTION
IN GHANA
1. Convention to have the Force of
Law.
2. PNDC to take Measures to give
Effect to Convention.
PART II—EXAMINATIONS OFFENCES AND
PENALTIES
3. Illegal Possession, Knowledge
or use of Examination Papers.
4. Leakage of Examination Papers,
etc.
5. Impersonation.
6. Copying at Examination.
7. Assault on Invigilators,
Supervisors, Inspectors, etc.
8. Aiding and Abetment of Offence.
9. Application of Acts 29 and 30.
10. Result of Investigations or
Trials.
11. Penalty to Schools for
Examination Irregularities.
12. Regulations.
13. Interpretation.
14. Repeals and Savings.
SCHEDULE
Schedule
WHEREAS the West African
Examinations Council was continued
in existence in Ghana by the West
African Examinations Council Act,
1970 (Act 332);
AND WHEREAS a Convention
establishing the West African
Examinations Council (in this Law
referred to as the "Convention")
by which the West African
Examinations Council is to be
governed was signed in Monrovia,
Liberia on the 23rd day of March,
1982;
AND WHEREAS the Republic of Ghana
is a signatory to the Convention;
WHEREAS by virtue of article 18 of
the Convention it is necessary
that the Convention be ratified by
Member Countries;
AND WHEREAS Ghana ratified the
Convention on the 28th day of
December, 1982;
WHEREAS under article 14 of the
Convention each Member Country is
required to enact laws in
accordance with its legislative
processes incorporating into its
laws the provisions of the
Convention;
AND WHEREAS it is necessary to
give effect to the Convention by
law in order that the provisions
thereof shall have the force of
law in Ghana;
NOW THEREFORE in pursuance of the
Provisional National Defence
Council (Establishment)
Proclamation, 1981, this Law is
hereby made:
PART I—APPLICATION OF CONVENTION
IN GHANA
Section 1—Convention to have the
Force of Law.
The provisions of the Convention
as set out in the Schedule to this
Law shall have the force of law in
Ghana.
Section 2—PNDC to Take Measures to
Give Effect to Convention.
The Provisional National Defence
Council or any person authorised
by the Council may take such
measures as are required to be
done for the purpose of giving
effect to the provisions of the
Convention.
PART II—EXAMINATIONS OFFENCES AND
PENALTIES
Section 3—Illegal Possession,
Knowledge or Use of Examination
Papers.
(1) Any person who, before or
during an examination conducted by
the Council, without lawful
authority, the proof of which
shall be on him—
(a) has in his possession any
examination paper;
(b) is found to have had
fore-knowledge of the contents of
any examination paper; or
(c) makes use of any examination
paper or the contents of it in any
manner whatsoever,
commits an offence and shall be
liable on summary conviction to a
fine of not less than ¢20,000.00
and not exceeding ¢500,000.00 or
imprisonment for a term of not
more than two years or to both.
(2) Where a candidate before or
during an examination is found to
have acted or is found acting in
breach of the provisions of
subsection (1)—
(a) he shall be disqualified from
taking the examination and the
entire results of the candidate in
the examination shall be
cancelled; and
(b) the Council may prohibit the
candidate from taking any
examination conducted by or on
behalf of the Council for a period
of not less than two years
immediately following the breach.
(3) The penalties contained in
this section shall be in addition
to any penalties that may be
imposed by a Court or Tribunal.
Section 4—Leakage of Examination
Papers, Etc.
Without prejudice to section 3 of
this Law, any person who—
(a) before or during an
examination without lawful
authority, the proof of which
shall be on him, gives any
examination paper to any person;
(b) without lawful authority, the
proof of which shall be on him,
discloses the contents of any
examination paper to any person;
(c) fraudulently alters the
results sheet of any candidate;
(d) fraudulently replaces the
original script of any candidate;
(e) without lawful authority, the
proof of which shall be on him,
makes any change in the original
script of any candidate;
(f) fraudulently alters the
examination number, photograph or
any other identification of a
candidate; or
(g) acts in any manner with intent
to falsify the records of the
Council with regard to any
examination or examination results
in relation to any candidate,
commits an offence and shall be
liable on summary conviction to a
fine of not less than ¢20,000.00
and not exceeding ¢500,000.00 or
to imprisonment for a term of not
more than two years or to both.
Section 5—Impersonation.
Any person, who for the purpose of
an examination conducted by or on
behalf of the Council—
(a) falsely presents himself to be
some other person or knowingly
allows himself to be so falsely
represented; or
(b) falsely uses any certificate,
testimonial, signature, photograph
or any other document of some
other person to represent himself
as that other person,
shall be guilty of an offence and
liable on summary conviction to a
fine of not less than ¢20,000.00
and not exceeding ¢500,000.00 or
to imprisonment for a term of not
more than two years or to both,
and shall, in addition to such
penalty as may be imposed under
this section, be prohibited for a
period of three years from taking
any examination conducted by or on
behalf of the Council.
Section 6—Copying at Examination.
Any candidate who, during an
examination—
(a) is found copying from the
script of another candidate; or
(b) without lawful authority,
proof of which shall be on him,
has in his possession in the
examination room any textbook or
any unauthorised written material;
or
(c) is found without lawful
authority proof of which shall be
on him copying from any notes or
textbook,
shall be guilty of an offence and
liable on summary conviction to a
fine of not less than ¢20,000.00
and not exceeding ¢500,000.00 or
to imprisonment for a term not
exceeding two years or to both and
he shall in addition be
disqualified from taking the
examination and if he has already
taken any papers at the
examination, those papers shall be
cancelled by the Council.
Section 7—Assault on Invigilators,
Supervisors, Inspectors, Etc.
Any person who, before, during or
after an examination conducted by
or on behalf of the Council
assaults any invigilator,
supervisor, inspector or any
officer authorised by the Council
to perform a duty at or connected
with the examination commits an
offence and is liable on summary
conviction to a fine of not less
than ¢20,000.00 and not exceeding
¢500,000.00 or to imprisonment for
a term not exceeding two years or
to both.
Section 8—Aiding and Abetment of
Offence.
Any person who aids, abets,
induces, incites or in any other
manner facilitates the commission
of an offence under this Law is
guilty of an offence and liable on
summary conviction to the penalty
prescribed under that section in
relation to the offence.
Section 9—Application of Acts 29
and 30.
(1) Except as otherwise provided
the application of the provision
of this Law shall be without
prejudice to the application of
the Criminal Code 1960 (Act 29)
and the Criminal Procedure Code
1960 (Act 30) to any offence
relating to fraud, forgery or any
offence committed under this Law.
(2) The provisions of the Criminal
Procedure Code, 1960 (Act 30)
relating to trial and penalties
for offences committed by young
persons shall apply to offences
committed under this Law.
Section 10—Result of
Investigations or Trials.
Where in any investigation or
trial a candidate is found to have
had access to an examination paper
or to have had foreknowledge of
the contents of an examination
paper or cheated in any way during
an examination, a report shall be
made to the Council which shall
take such action, including the
cancellation of examination
results and any certificate issued
in respect thereof to the
candidate.
Section 11—Penalty to Schools for
Examination Irregularities.
Where more than one-third of the
candidates at a school either
before, during or after an
examination are found to have
acted contrary to any of the
provisions of this Part, the
Council, may forthwith prohibit
that school from organising,
supervising or acting as agent of
the Council in conducting any
examination of the Council for
such period as the Council may
determine and this shall be in
addition to any penalties that may
be imposed in accordance with
rules and regulations of the
Council.
Section 12—Regulations.
Except as otherwise provided in
the Convention, the Secretary for
Education may by legislative
instrument—
(a) declare and identify other
parties to the Convention to whom
the provisions of the Convention
shall apply;
(b) make such regulations as may
be necessary to give full effect
to the provisions of this Law.
Section 13—Interpretation.
In this Law unless the context
otherwise requires—
"candidate" means any person
registered to take any examination
conducted by or on behalf of the
Council;
"Convention" means the Convention
establishing the West African
Examinations Council signed in
Monrovia, Liberia, on the 23rd day
of March, 1982;
"Council" means the West African
Examinations Council;
"examination" means any
examination conducted under this
Law by or on behalf of the
Council;
"examination paper" includes any
question paper, examination
instructions or the draft or copy
of any examination paper or
instructions in respect of an
examination which has not been
taken.
Section 14—Repeals and Savings.
(1) The West African Examinations
Council Act, 1970 (Act 332) and
the West African Examinations
Council Act 1970 (Amendment)
Decree, 1976 (SMCD 36) are hereby
repealed.
(2) Notwithstanding the repeal
effected by subsection (1), any
rule, order or statutory
instrument made under the repealed
enactments and in force
immediately before the
commencement of this Law and not
inconsistent with this Law, shall,
until revoked or otherwise
modified under this Law, continue
in force as if made under this
Law.
SCHEDULE—CONVENTION ESTABLISHING
THE WEST AFRICAN EXAMINATIONS
COUNCIL
The Governments of the Gambia,
Ghana, Liberia, Nigeria and Sierra
Leone (hereinafter referred to as
the "Member Countries");
Conscious of the need to establish
an international examining body
which shall promote mutual
understanding and co-operation and
assist the harmonisation of
procedures and standards of
prescribed examination in Member
Countries;
Noting that the Governments of the
Gambia, Ghana, Nigeria and Sierra
Leone had by legislation
established such a body on 31st
December, 1951 to which Liberia
was admitted on 1st April, 1974;
and
Recognising the important
contribution made thus far by this
body;
Have decided that the West African
Examinations Council shall be
governed by this Convention.
PART I
ESTABLISHMENT AND CONSTITUTION OF
THE COUNCIL
ARTICLE I
1. There is hereby established the
institution of the West African
Examinations Council, (hereinafter
referred to as the "Council").
2. Subject to the provisions of
this Article, the Council shall be
composed of the following members:
(a) Chairman;
(b) Two persons appointed by the
Government of the Gambia;
(c) Four persons appointed by the
Government of Ghana;
(d) Two persons appointed by the
Government of Liberia;
(e) Five persons appointed by the
Government of Nigeria;
(f) Three persons appointed by the
Government of Sierra Leone;
(g) Three persons representing the
universities in Ghana to be
appointed in a manner prescribed
by the Ghana National Committee;
(h) Two persons representing the
universities in Liberia to be
appointed in a manner prescribed
by the Liberia National Committee;
(i)
Twelve persons representing the
universities in Nigeria to be
appointed in a manner prescribed
by the Nigeria National Committee;
(j) Two persons representing
university institutions in Sierra
Leone to be appointed in a manner
prescribed by the Sierra Leone
National Committee;
(k) Two persons elected by the
Gambia National Committee;
(l) Seven persons elected by the
Ghana National Committee;
(m) Two persons elected by the
Liberia National Committee;
(n) Ten persons elected by the
Nigeria National Committee;
(o) Three persons elected by the
Sierra Leone National Committee;
and
(p) The Registrar (ex-officio,
non-voting) who shall also be
Secretary to the Council.
3. The Chairman of the Council
shall be elected by the Council
from among persons nominated by
the National Committees in
accordance with a rotational
principle to be spelt out in the
Standing Orders.
4. The Chairman shall preside over
meetings of the Council and all
international committees of the
Council at which he is present.
He shall take precedence over all
the members of the Council. In an
emergency he shall, in
consultation with the Registrar,
act in the best interest of the
Council and such action shall be
subject to ratification by the
Council.
5. The Council shall appoint from
its members a Vice-Chairman who
shall act as Chairman during a
period of absence or during a
period of temporary incapacity
from illness or other cause of the
Chairman and at other times as the
Council may determine to exercise
such powers as the Council may
delegate to him.
6. Where at any time before the
next meeting of the Council the
chairmanship of Council becomes
vacant in circumstances other than
those stated in paragraph 5 of
this Article, the Vice-Chairman
shall act as Chairman until the
next meeting of Council when the
Council shall elect a new
Chairman.
TENURE OF OFFICE
ARTICLE 2
1. The Chairman of the Council
shall hold office for a period not
exceeding three years from the
date of his election.
2. A member appointed under
paragraph 2(b) to (f) of Article 1
of this Convention shall retain
his membership of the Council at
the pleasure of the Government by
whom he has been appointed, and
the termination of such membership
shall take effect as soon as
notice of such termination is
received by the Registrar of the
Council.
3. A member appointed or elected
under paragraph 2(g) to (o) of
Article 1 of this Convention shall
retain his membership of the
Council for a period not exceeding
three years from the date of his
appointment or election.
4. Any member of Council other
than the Chairman shall, on the
termination of his membership, be
eligible for re-appointment.
Provided that where a member of
the Council is appointed or
elected to the Council or a
Committee thereof by virtue of
some office or his representation
of a particular interest, he shall
cease to be a member of the
Council upon his ceasing to hold
the said office or to represent
the said interest.
5. (a) Any member of the Council
appointed as the person for the
time being holding a particular
office shall be entitled to
nominate from amongst his
immediate subordinates in office,
by written notice to the Council,
an alternate member to attend any
particular meeting or meetings of
the Council in his place, and
every such alternate member shall
have all the powers and authority
of the member whom he has replaced
until such member notifies the
Council that he proposes to resume
his attendance at meetings of the
Council or until the term of
office of such member shall have
terminated, whichever is earlier.
(b) If a member of the Council
appointed otherwise than in
accordance with the preceding
sub-paragraph is incapacitated by
illness or other cause from
performing the duty of his office,
a temporary member may be
appointed in the same manner as,
and in accordance with the same
procedure as applied to the
incapacitated member, to fill that
office until the member's
incapacity shall have ended or
until the term of office of the
member shall have terminated,
whichever is earlier, and every
such temporary member shall have
during his tenure of office all
the powers and authority of the
incapacitated member.
INCORPORATION AND SEAL OF THE
COUNCIL
ARTICLE 3
1. The Council shall continue to
be a body corporate having
perpetual succession and a Common
Seal and may sue and be sued in
its corporate name.
2. The Council shall have power to
regulate the use of the Common
Seal by its members and by the
officers of the Council.
3. The Registrar shall have
custody of the Common Seal unless
otherwise directed by Council.
DUTIES OF THE COUNCIL
ARTICLE 4
The duties of the Council shall
be:
(a) to review and consider
annually the examinations to be
held in the Member Countries in
the public interest;
(b) to conduct in consultation
with Member Countries, such
examinations as the Council may
think appropriate under this
Convention and to award
certificates and diplomas on the
results of such examinations;
(c) with the consent of the Member
Countries and Associate Member
Countries, to consider the
advisability of inviting and if
thought fit to invite any other
examining body to conduct
examinations in the Member
Countries and Associate Member
Countries; and
(i)
to award certificates and diplomas
on the results of such
examinations;
(ii) to advise any body so invited
on such adaptations of their
examinations as the Council may
think necessary for the purpose of
this Convention; and
(iii) to assist anybody so invited
in the conduct of such
examinations in the territories of
the Member Countries; so however
that no examination of equal
status conducted pursuant to this
Convention shall be conducted
within the territories of the
Member Countries by any such body;
(d) if invited by the Government
of any Member Country to conduct
any other examinations considered
by that Government to be in the
public interest to conduct such
examinations after due
consultation;
(e) to receive from the committees
of the Council established under
Articles 5 and 7 of this
Convention reports and
recommendations on any matters
relevant for the purposes of this
Convention and to consider such
reports and recommendations and;
(f) subject to the provisions of
this Convention, to appoint and
determine the salaries and terms
of appointment of the Registrar,
and of such other employees as the
Council may deem fit to employ.
POWERS OF THE COUNCIL
ARTICLE 5
1. The Council may:
(a) enter into contracts and do
all things necessary for or
incidental to the implementation
of this Convention;
(b) acquire and hold movable or
immovable property and sell,
mortgage, lease or otherwise deal
with such property;
(c) borrow at interest, or on the
security of any corporate land or
funds of the Council, such moneys
necessary or expedient for the
implementation of the provisions
of this Convention;
(d) from time to time invest the
funds of the Council in such
manner and to such an extent as
the Council may determine;
(e) receive in such terms as it
may decide gifts whether in cash
or in kind.
2. The Council shall appoint from
its members an Administrative and
Finance Committee to which it may
delegate power to act in between
meetings of the Council on any
matter within the Council's
competence.
3. (a) The Council may appoint
from its members such other
Committees as it shall think fit,
and shall specify the duties and
powers of any Committee so
appointed under the provisions of
this paragraph.
(b) The Council may, from time to
time, appoint other Committees
with such composition as may be
deemed desirable for the purpose,
to consider and report on matters
the Council may assign to them.
Any Committee so appointed shall
be presided over by such person as
the Council may decide.
4. The Council may at any time
invite any person or body to
assist in the deliberations of the
Council but no such person or body
shall be entitled to vote on any
question for decision by the
Council.
PROCEDURE OF COUNCIL
ARTICLE 6
1. (a) The Council shall
ordinarily meet for the despatch
of business at such times and
places as it may from time to time
decide; at least one meeting shall
be held in every year;
(b) The Chairman may, and shall on
the request in writing of at least
six members of the Council drawn
from not less than three Member
Countries and not more than three
of whom come from any one Member
Country, call a special meeting of
Council at such time and place as
he may appoint;
(c) No meeting shall be convened
at less than fourteen days'
notice;
(d) At every meeting of the
Council the Chairman, if present,
shall preside, and in his absence
the Vice-Chairman shall preside,
and in the absence of both the
Chairman and the Vice-Chairman,
the Council shall elect one of its
members present to preside;
(e) Every matter that comes before
the Council shall be decided by a
majority of the votes of the
members present;
(f) Twenty members including at
least two from each of the Member
Countries shall form a quorum at
any meeting;
(g) The person presiding at any
meeting shall have a vote and in
the case of any equal division of
votes on a matter, a second or
casting vote shall be taken;
2. The minutes of the proceeding
of every meeting of the Council
shall be entered in a book to be
kept for that purpose and minutes
of proceedings shall after
approval at the next meeting be
signed by the Chairman;
3. The Council may from time to
time make Standing Orders not
inconsistent with the provisions
of the Convention with regard to
notice to convene meetings of the
Council and to regulate the
proceedings of such meetings.
PART II
ESTABLISHMENT AND CONSTITUTION OF
NATIONAL COMMITTEE
ARTICLE 7
1. (a) A National Committee shall
be established by the Council in
each of the Member Countries and
in any other country in West
Africa that may accede to this
Convention in accordance with
Article 18 paragraph 2 of this
Convention;
(b) Each National Committee
established under this Article
shall be composed of such persons
or holders of such offices as the
Council may determine;
(c) Each National Committee shall
elect one of its members to be the
Chairman thereof;
(d) Each member of a National
Committee shall hold office for a
period of four years from the date
of his appointment and shall be
eligible for re-election;
(e) The National Committee shall
be the highest Committee of the
Council in each Member Country.
DUTIES OF NATIONAL COMMITTEES
ARTICLE 8
1. It shall be the duty of every
National Committee:
(a) to advise the Council on any
matter that may be referred to it
by the Council;
(b) to elect such number of
members to the Council as the
Council may determine;
(c) to carry out such functions as
the Council may from time to time
assign to it.
2. A National Committee may at any
time make a report or
recommendations to the Council on
any matter relevant to the
provisions of this convention.
3. A National Committee may from
time to time appoint such
Committees with such composition
as it shall think fit to carry out
such duties that may be assigned
to it.
PART III
ASSOCIATE MEMBERSHIP
ARTICLE 9
1. (a) The Council shall have
power to admit as an Associate
Member any West African Country
other than the Member Countries
which wishes to be associated with
the work of the Council;
(b) The power to admit an
Associate Member shall be
exercised by a resolution of the
Council passed by a simple
majority of members present and
voting at an annual meeting of the
Council but only after application
for admission has been received
from the country concerned and in
such manner as the Council may
decide.
POWERS AND PRIVILEGES OF ASSOCIATE
MEMBER COUNTRIES
ARTICLE 10
1. Every Associate Member Country
shall have the right to appoint as
many members as the Council may by
resolutions passed at a general
meeting determine to attend any of
the following meetings:
(a) annual general meetings of the
Council; and
(b) meetings of any of the
following bodies:
(i)
all International Committees
except the International
Appointments Committee;
(ii) all working parties engaged
on revision of any examination
syllabus;
(iii) unless the Registrar directs
otherwise, all national
Committees, except the National
Appointments Committee.
2. An Associate Member Country
shall be served with copies of the
minutes and all other relevant
document of any meeting which it
is entitled to attend under
paragraph 1 of this Article; but
the members of an Associate Member
Country shall not be entitled to
vote at such meeting or count
towards a quorum.
3. Every Associate Member country
shall bear the full cost of
sending its delegates to meetings
of the Council or any of its
Committees.
4. The privileges of an Associate
Member Country shall include:
(a) the use at cost of the test
development research and data
processing facilities of the
Council in such manner as the
Registrar shall direct; and
(b) any other facilities as the
Council may decide.
TERMINATION OF STATUS OF ASSOCIATE
MEMBERSHIP
ARTICLE 11
1. Any right or privilege
conferred upon an Associate Member
Country by virtue of its
association with the Council under
this Convention shall cease:
(a) upon six months' written
notice being served on the Council
by the Associate Member Country
that it no longer wishes to be
associated with the Council; or
(b) upon six months' written
notice being served on the
Associate Member Country by the
Council that its association with
the Council has been terminated so
however that the Council shall not
serve notice unless it is
satisfied that the Associate
Member Country is no longer ready
or able to discharge the
obligations of an Associate Member
under this Convention or that its
continued association with the
Council shall not be in the best
interest of Council.
2. During the period of six months
referred to in the preceding
paragraph such an Associate Member
Country shall nevertheless observe
the provisions of this Convention
and shall remain liable for the
discharge of its obligations
thereunder.
PART IV
FINANCE
ARTICLE 12
1. Each Member Country shall make
an annual contribution to the
funds of the Council at a rate to
be determined by the Council. The
funds of the Council shall also
include:
(a) All moneys raised for the
general purpose of the Council;
(b) All moneys accruing to the
Council either by way of grants in
aid, endowment, donation or
otherwise;
(c) All charges, dues or fees
received by the Council;
(d) All interest on moneys
invested by the Council.
2. All sums of money received on
account of the Council may be paid
into such banks as may be approved
by the Council for the credit of
the Council's general current or
deposit account.
3. The funds of the Council shall
be applied by the Council to the
accomplishment of the aims and
purposes of the Council as set out
in this Convention.
4. The Council shall maintain
accounts, including accounts for
the lodgment and transfer of
convertible currency in each
Member Country to facilitate the
efficient discharge of the duties
of the Headquarters in the Member
Countries.
5. All accounts maintained in the
Member Countries by the
Headquarters shall be controlled
by the Registrar.
6. The Council shall keep proper
records of accounts and shall
cause to be prepared not later
than six months from the end of
the preceding financial year a
statement of accounts relating to
the preceding financial year.
7. The accounts of the Council
shall be audited by the External
Auditors and as soon as the
accounts of the Council have been
audited, the Council shall cause
the Statement of Accounts together
with the external auditors report
thereon to be published in such
manner as it thinks fit.
EXTERNAL AUDITORS
ARTICLE 13
1. For the purpose of the
preceding Article, the Council
shall have power to appoint
annually its External Auditors.
2. The Council shall have the
power to make regulations
governing the terms and conditions
of service of the External
Auditors.
PART V
INCORPORATION INTO LOCAL LAWS
ARTICLE 14
1. The Member Countries and
Associate Member Countries of the
Council undertake, so soon after
the coming into force of this
Convention and admission as
Associate Member Countries, to
enact laws, in accordance with
their legislative processes
incorporating into their
respective laws the provisions of
this Convention.
2. Such laws incorporated in
accordance with the preceding
paragraph of this Article shall,
without prejudice to existing laws
such as those dealing with
forgery, fraud and kindred
offences, include offences against
malpractices in examinations and
relating to awards of certificates
and diplomas for examinations
conducted by the Council under
this Convention.
3. Such laws with amendments
whenever made shall be deposited
with the Registrar of the Council
who shall normally circulate same
to the Member Countries and
Associate Member Countries.
PART VI
THE SECRETARIAT
ARTICLE 15
1. The Secretariat shall be
composed of the Registrar, who
shall be Chief Executive of the
Council and the Head of the
Secretariat, and such other staff
as the Council may appoint to
assist the Registrar.
2. The Headquarters of the Council
shall be situated in Accra, Ghana.
3. The Council shall have offices
in each of the Member Countries.
4. The Secretariat shall maintain
such records as may be necessary
for efficient discharge of the
functions of the Council and shall
prepare, collect and circulate the
documents and information that may
be required for the work of the
Council.
5. The Registrar shall prepare and
submit to the Council the
financial statements for each year
and the budget estimates.
6. The Registrar shall keep Member
Countries and Associate Member
Countries of the Council informed
with respect to the activities of
the Council.
7. In the performance of their
duties, the Registrar and his
other staff of the Council shall
not be subject to any Authority
other than the Council.
8. The Registrar shall perform
such other duties as may be
assigned to him by this Convention
and the Council.
STATUS, PRIVILEGES AND IMMUNITIES
ARTICLE 16
1. The Council shall enjoy legal
personality as an international
organisation within the
territorial limits of the Member
Countries and Associate Member
Countries.
2. The Council shall have in each
Member Country and Associate
Member Country of the Council:
(a) the legal capacity required
for the performance of its
functions under this Convention;
and
(b) the power to acquire or
dispose of movable or immovable
property.
3. The Council, in exercise of its
legal personality under this
Article, shall be represented by
the Registrar, or any of his staff
as he may appoint in writing.
4. The Chairman, members of
Council, Registrar and members of
his staff shall severally or
collectively be accorded
diplomatic privileges or status in
accordance with the rules,
regulations and policies governing
diplomatic immunities within the
territories of the Member
Countries and Associate Member
Countries.
PART VII
SETTLEMENT OF DISPUTE
ARTICLE 17
Any dispute among Member Countries
and Associate Member Countries
concerning the interpretation or
application of this Convention
which cannot be resolved by the
Council shall be referred to the
Commission of Mediation,
Conciliation and Arbitration of
the Organisation of African Unity
for determination.
PART VIII
FINAL PROVISIONS
ARTICLE 18
Entry into Force
1. This Convention shall enter
into force upon the deposit of
instruments of ratification by the
Member Countries with the
Government of Ghana who shall
formally inform the Member
Countries of such deposit.
2. Any Country in West Africa may
accede to this Convention on such
terms and conditions as the
Council may determine. The
Instrument of Accession shall be
deposited with the Government of
Ghana which shall notify all
Member Countries and Associate
Member Countries. This Convention
shall come into force in relation
to an Acceding Country on such
date as its instrument of
accession is deposited.
AMENDMENTS
ARTICLE 19
1. A Member Country may submit
proposals for the amendment of
this Convention.
2. Any such proposals shall be
submitted to the Registrar who
shall communicate same to other
Member Countries not later than
thirty days of the receipt of such
proposals. No such proposals shall
be considered by the Council
unless each Member Country has
been given one month's notice
thereof.
3. Approval of an amendment to
this Convention shall be
determined in conformity with the
procedure laid down in Article 6
paragraph 1(e) and shall there
upon enter into force.
WITHDRAWAL
ARTICLE 20
1. Any Member Country wishing to
withdraw from the Council shall
give to the Registrar one year's
written notice of its intention to
withdraw, and at the end of that
if such notice is not withdrawn,
cease to be a Member of the
Council.
2. During the period of one year
referred to in the preceding
paragraph of this Article, the
Member Country shall nevertheless
observe the provisions of the
Convention and shall remain liable
for the discharge of its
obligation under the Convention.
DEPOSITARY OF THE CONVENTION
ARTICLE 21
1. This present Convention and all
instruments of ratifications shall
be deposited with the Government
of Ghana, who shall transmit
certified true copies of this
Convention and all instruments of
ratification to all the Member
Countries and Associate Member
Countries and shall register this
Convention with the Organisation
of African Unity, the United
Nations Organisation, and such
other organisations as the Council
may determine.
PART IX
MISCELLANEOUS ACQUISITION OF LAND
ARTICLE 22
1. Where there is any hindrance to
the acquisition of any land in a
Member Country required for
carrying into effect any of the
provisions of this Convention, the
Government of the Member Country
may upon the application of the
Council and after such enquiry as
it may think fit, declare that the
land is required for the service
of the Council and upon such
declaration such land shall, for
the purposes of the appropriate
law relating to the acquisition of
land in the Member Country be
deemed to be land required in the
public interest; and the
Government of the Member Country
may direct that proceedings be
taken under the provisions of the
said law of the Member Country for
acquiring the land and for
determining the compensation to be
paid to the party or parties
having any interest in the land.
2. When any land has been acquired
under the provisions of the said
law of the Member Country
consequent upon a direction given
under paragraph (1) of this
Article the Government of the
Member Country may vest such land
in the Council by means of a
certificate under the hand and
seal of the person to be
authorised by the Government of
the Member Country to the effect
that the land has been transferred
to the Council.
3. The compensation, if any, for
such acquisition shall in the
first instance be paid by the
Government of the Member Country
but the Council may be required to
refund to such Government any
compensation so paid and all
expenses incidental to the
acquisition incurred by such
Government.
PENSIONABLE OFFICE
ARTICLE 23
The provisions of the Pensions Law
of a Member Country shall, without
prejudice to other provisions of
this Convention, apply or continue
to apply to employees of the
Council confirmed in office in the
same manner and to the same extent
as the said provisions would apply
to such employees if they were
serving in a civil capacity in a
pensionable office in the Member
Country under the Government of
that Member Country.
POWER TO REGULATE CERTAIN MATTERS
ARTICLE 24
The Council may prescribe the fees
chargeable to entrants to, and
regulate the conduct of, any
examinations conducted under the
provisions of subsection (b) of
Article 4 of this Convention,
including but without prejudice
to, the generality of the
foregoing:
(a) the persons or categories of
persons who may enter for such
examinations;
(b) the conduct of entrants during
such examinations.
DISCIPLINE
ARTICLE 25
1. Every employee of the Council
who is in receipt of an annual
salary not less than a fixed sum
as the Council may from time to
time determine or if his
appointment contains provisions
for increase in salary who may
receive a maximum annual salary
thereunder exceeding a fixed sum
as the Council may from time to
time determine shall be subject to
the authority of the Council.
Provided:
(a) that the Council may before
the dismissal of any employee
under the provisions of this
section institute any enquiry it
shall deem fit;
(b) further that any employee to
whom the provisions of this
section relate and who shall have
been dismissed by any of the
Committees of the Council to which
power of dismissal shall have been
delegated in accordance with
paragraph 2 and paragraph 3(a) of
Article 5 of this Convention shall
have the right to appeal to the
Council.
2. Every employee of the Council
who is in receipt of an annual
salary of less than a fixed sum as
the Council may from time to time
determine or if his appointment
contains provisions for increase
in salary who is on terms of
maximum annual salary thereunder
not exceeding a fixed sum as the
Council may from time to time
determine is paid otherwise than
in terms of an annual salary shall
be subject to the authority of the
Registrar to the Council and for
the purpose of discipline,
including dismissal, acting on the
Terms and Conditions of Service of
employees, to such directions as
the Registrar to the Council may
either generally or specifically
issue: Provided that no
pensionable member of the staff
shall be dismissed without the
approval of the Council.
INTERPRETATION
ARTICLE 26
In this Convention, unless the
context otherwise requires:
"Council" means the West African
Examinations Council.
"National Committee" means a
committee established under
Article 7 of this Convention.
"West Africa" means The Gambia,
Ghana, Liberia, Nigeria and Sierra
Leone; and any other country by
which this Convention may be
adopted collectively.
REPEAL OF EXISTING ENACTMENTS
ARTICLE 27
On the coming into force of this
Convention, Member Countries shall
take appropriate legislative
measures to repeal any of the
following enactments as is
applicable in the Member Country:
(a) The West African Examinations
Council Act, 1970 (Ghana);
(b) The West African Examinations
Council Act, 1972 (The Gambia);
(c) The West African Examinations
Council Act, 1972 (Sierra Leone);
and
(d) The West African Examinations
Council Decree, 1973 (Nigeria).
PART X
TRANSITIONAL PROVISIONS
ARTICLE 28
Succession to Property, Rights,
Liabilities and Obligations
Without prejudice to paragraph (1)
of Article 1 of this Convention,
any property, right, privilege,
liability or obligation which
immediately before the coming into
force of this Convention was
vested in, exercisable or
enforceable by or against the
former West African Examinations
Council established under the
enactments referred to in Article
27 and in existence immediately
before the coming into force of
this Convention shall on the date
on which this Convention comes
into force and without further
assurance than the provisions
thereof, be vested in or become
exercisable or enforceable by or
against the West African
Examinations Council now
established by this Convention
which shall for the purpose of
this Article be deemed to be
successor to the said former West
African Examinations Council.
IN FAITH WHEREOF WE THE
REPRESENTATIVES OF STATES AND
GOVERNMENTS OF THE GAMBIA, GHANA,
LIBERIA, NIGERIA AND SIERRA LEONE
IN WEST AFRICA HAVE SIGNED THIS
CONVENTION.
DONE AT MONROVIA, LIBERIA ON THIS
23RD DAY OF MARCH, ONE THOUSAND
NINE HUNDRED AND EIGHTY TWO in a
single copy in the English
Language.
For the Republic of the
Gambia (Sgd)
For the Republic of
Ghana
(Sgd)
For the Republic of
Liberia
(Sgd)
For the Federal Republic of
Nigeria (Sgd)
For the Republic of Sierra
Leone (Sgd)
Made this 2nd day of May, 1991.
FLT.-LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council
Date of Gazette Notification: 7th
June, 1991.
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