A seven-member panel of the Supreme Court has dismissed an application by the Board of Governors of Wesley Girls’ High School seeking to terminate a lawsuit alleging violations of the religious rights of Muslim students.
The Board had asked the court to strike out the case, arguing that it is not a juristic entity capable of being sued and therefore should not be a party to the proceedings.
However, both the plaintiff, led by Abdul Aziz Gomda, and the Attorney-General’s office, represented by Deputy Attorney-General Dr Justice Srem-Sai, opposed the application and urged the court to allow the case to proceed.
They contended that regardless of the Board’s legal status, it plays a role in enforcing directives from the Ghana Education Service (GES), which is also a defendant in the case.
In a unanimous decision, the panel, chaired by Chief Justice Paul Baffoe-Bonnie, rejected the Board’s argument, ruling that the Board members “are competent persons to be sued.”
The decision effectively clears the way for the substantive hearing of the case.
The suit was filed by private legal practitioner Shafic Osman, who is challenging what he describes as the infringement of the religious rights of Muslim students at the school.
The Board of Governors of Wesley Girls’ Senior High School, the Ghana Education Service, and the Attorney-General have been named as the first, second, and third defendants, respectively.
With the preliminary objection dismissed, attention now shifts to the full hearing, where the court is expected to determine whether the school’s policies unlawfully restrict the religious freedoms of affected students.
The ruling marks a significant development in what is shaping up to be a closely watched legal battle over religious expression within Ghana’s educational institutions.
