I too had the same exact problem with not being able to update apache no matter if tried via WHM or command-line. I also did the OpenSSL upgrade before attempting to upgrade apache.
I have a Dell Dual Xeon 2.0, 1G RAM, RAID-5, RH 7.3, cPanel.
Even though the command line still reports this...
root@xeon [~]# openssl version
OpenSSL 0.9.6j [engine] 10 Apr 2003
root@xeon [~]#
The WHM still sees the old version of OpenSSL: 0.9.6b
There is a similar thread regarding this at
http://forum.rackshack.net/showthread.php?...&threadid=27844
After going to Software in the cPanel WHM, selecting Install a RPM, choosing openssl-devel (reinstall) Force Install, and installing it.... then I was able to upgrade apache using the WHM Update Apache feature.
I'm now seeing Apache Core in the WHM as 1.3.28, but the openSSL is still the old version. For now, I'm leaving it that way.