Examination Malpractice In Nigeria– Is It Actually A Punishable Offence?

If you have obtained education at any level in Nigeria (secondary, or tertiary) you will be familiar with terms like chukuli, expo, chokes etc i.e most students sneak prohibited materials into the examination hall for the purpose of cheating.

Also, miracle exams centres where students can cheat and have unfair advantages have been a thing for decades in this country, cheating seems like a normal occurrence which can only be punished by the faculty; the punishment could range from re-sit, suspension, mere reprimand or in an extreme situation could lead to expulsion.

But what if I told you that exam malpractice is punishable by law and if one is found guilty you could either be imprisoned or fined or even both?

Children are not exempted either, the law states that where a young person who has not attained the age of seventeen years is charged with an offence under this act such person will be charged in accordance with the provision of the Children and Young Persons Act.

Believe it or not, there are actually enacted laws which prohibit examination malpractice legislation which prescribes penalties for mal-practice is the Examination Malpractice Act 1999.

The court with the jurisdiction to hear the case involving cheating is the federal high court

This act prescribes punishment for varying kinds of offences viz.:

1. Cheating

If an individual fraudulently procures any question paper produced or intended for use at any examination of a person even if it turns out to be fake or not even remotely related to the examination in question

Or

If an individual buys, sells, procures or otherwise deals with any question paper intended for use or represented as a genuine question paper in respect of any particular examination

Or

If an individual procures from or induces any other person to deliver himself or another person any examination question:

The punishment for this offence can be classified into two:

Any person under 18 years of age is liable to a fine of N100,000 or imprisonment for a term not exceeding three years or both such fine and imprisonment

Principals or teachers or invigilators or supervisor or examiner or agent or employees of the examination body will be liable to four (4) years imprisonment without the option of a fine

• Stealing of question paper

Any candidate who steals or appropriates or takes a question paper or answer sheet or a script of any other candidate

If found guilty, such person will be liable on conviction to a fine of N100,000 or imprisonment for a term not exceeding three years or to both such fine and imprisonment

• Personation

Under this heading, if anyone represents him or herself to be a candidate sitting for an examination or writes or attempts to write up a paper in the name of some other person even though such person is deceased will be liable.

For persons under 18 years to a fine of N100,000 or imprisonment for a term not exceeding three years

Principals or teachers or invigilators or supervisors or examiners or agents or employees of the examination body will be liable to four (4) years imprisonment without the option of a fine.

If you tamper with a document which has been issued to a candidate in relation to an examination so that person is taken to be the candidate

For persons under 18 years old to a fine of N100,00 or imprisonment not exceeding three years or to both such fine and imprisonment

Principals or teachers or invigilators or supervisor or examiner or agent or employees of the examination, the body will be liable to four (4) years imprisonment without the option of a fine

• Orderliness at an Examination

Any candidate at an examination who leaves the examination hall to any other place of designation and mixes up with other persons with the intent to cheat or secure any unfair advantage for himself on behalf of any other person

The Punishment for such a crime is a fine not exceeding N50,000 or imprisonment for a term not exceeding three years or both such fine and imprisonment and the candidate will not be allowed to re-enter the examination hall or any other place to continue with the examination.

In situations where one communicates or attempts to communicate to the candidate any information relating to any question paper in the examination without lawful excuse with the intent to aid a candidate to cheat or secure any unfair advantage or found in or near the examination hall or place designated for the examination with intent to aid a candidate to cheat or secure an unfair advantage for the examination n

The punishment for such a crime is as follows: 

1. For persons under 18 years old to a fine of N100,00 or imprisonment not exceeding three years or to both such fine and imprisonment

• For Principals or teachers or invigilators or supervisors or examiners or agents or employees of the examination body will be liable to four (4) years imprisonment without the option of a fine

• Disturbance at an Examination

If any person whether at or near the examination hall or any other place appointed for examination is in possession of any weapon or other material or acts or incites any other person to act in a disorderly manner all with the intent of disrupting the conduct of an examination of having intimidating assaulting or obstructing any person involved in the conduct of the examination

The punishment for such an offence is as follows:

1. For persons under 18 years old to a fine of N100,00 or imprisonment not exceeding three years or to both such fine and imprisonment.

• For Principals or teachers or invigilators or supervisors or examiners or agents or employees of the examination body will be liable to five (5) years imprisonment without the option of a fine

• Conduct at Examination.

If any candidate misconduct himself in an examination hall or any other place appointed for an examination or fails to obey any lawful order of the supervisor, invigilator or agent of the examination body concerned with the conduct of the examination commits an offence and is liable on conviction to a fine not exceeding N50,000 or imprisonment for a term not exceeding three years or both such fine and imprisonment.

Such individual may be removed from the examination hall or place appointed for the examination by a police officer, the supervisor, invigilator or an agent of the examination body concerned with the conduct of the examination.

• Obstruction at an Examination

If a person obstructs a supervisor or an invigilator or agent of the examination body that is concerned with the conduct of the examination or any other person who is performing his duty at the examination that person commits an offence and is liable upon conviction to

The punishment for such an offence is as follows:

1. For persons under 18 years old to a fine of N100,00 or imprisonment not exceeding three years or to both such fine and imprisonment.

• For principals, teachers or invigilators or supervisors or examiners or an agent or employees of the examination body concerned with the conduct of an examination to a term of five (5) years imprisonment without option of fine.

• Forgery of result slip

If a person forges or fraudulently or without lawful order alters the score of a candidate as contained on a result slip or certificate duly issued by an examination body

If a person obstructs a supervisor or an invigilator or an agent of the examination body that is concerned with the conduct of the examination or any other person who is performing his duty at the examination that person commits an offence and is liable upon conviction to

The punishment for such an offence is as follows:

1. For persons under 18 years old to a fine of N100,00 or imprisonment not exceeding three years or to both such fine and imprisonment.

• For principals, teachers or invigilators or supervisors or examiner or an agent or employees of the examination body concerned with the conduct of an examination to a term of five (5) years imprisonment without option of fine.

1. Breach of duty

A person who is under a duty to discharge any function with respect to the conduct of an examination before during or at any examination or any time.

a. fails to perform or discharge that duty.

b. Performs that duty fraudulently, negligently, perversely or recklessly.

c. commits an act or omission in breach of that duty.

Such an individual is liable upon conviction to a fine of #50,000 or imprisonment for a term not exceeding three years or both such fine and imprisonment.

If a person employed to mark examination papers alters a score of a candidate as recorded or any person employed by an examination body who before during or after an examination fraudulently and without lawful authority alters or tampers with the score of any candidate is liable to four years imprisonment without option of fine.

Any person employed to print or charged with the responsibility of printing live question paper without lawful authority communicates to a person any information contained in any question paper commits an offence and is liable upon conviction to imprisonment for a term of five years

REFERENCE

Section 1 Examination Malpractices Act 1999

Section 2 Examination Malpractices Act 1999

Section 3 Examination Malpractices Act 1999

Section 4 Examination Malpractices Act 1999

Section 5 Examination Malpractices Act 1999

Section 6 Examination Malpractices Act 1999

Section 7 Examination Malpractices Act 1999

Section 8 Examination Malpractices Act 1999

Section 9 Examination Malpractices Act 1999

Section 13 Examination Malpractices Act 1999

Section 14 Examination Malpractices Act 1999