In a critical test of the Freedom of Information Act, FOIA, a non-governmental organisation, Exam Ethics Marshals International, on Thursday saw its attempt to compel the West African Examination Council, WAEC, to reveal the identities of its staff and students involved in exam malpractice dismissed as unlawful by a Federal High Court in Abuja.

Justice Evoh Chukwu ruled that the plaintiff failed to prove that revealing the information would not be detrimental to WAEC’s confidentiality, saying public institutions are empowered under Sections 13 (1) and 14 (1) of the FOI Act to refuse access to certain information that could undermine the confidentiality and security of the nation.

The judge ordered the plaintiff to pay WAEC N100, 000 as damages.

“It is obvious that the applicant failed to prove its case, the suit is hereby dismissed and the applicant is hereby ordered to pay the sum of N100,000 to the respondent as the cost of filing the suit,’’ he said.

Exam Ethics had through its lawyer, Jeremiah Akahazemea, instituted the case compelling WAEC to release the identities of the officials that supervised the May/June 2013, May/June 2014 and Nov/Dec 2014 WAEC examinations.

It argued that without the identities of those involved revealed, it would be difficult for relevant authorities to prosecute them.