The Supreme Court yesterday adjourned to May 26 a case in which a private legal practitioner is seeking remedies over alleged discriminatory religious practices against Muslim students at Wesley Girls’ Senior High School.
The case, which was scheduled for oral arguments on April 21, was postponed for reasons not immediately disclosed.
The plaintiff, Shafic Kwabena Osman, filed the suit on December 23, 2024, against the Ministry of Education and Wesley Girls, alleging violations of the constitutional rights of Muslim female students. He is invoking the original jurisdiction of the Supreme Court under Articles 2(1) (b) and 130 (1) (a) of the 1992 Constitution.
Mr Osman is challenging what he describes as restrictions imposed by the school on Muslim students, including prohibitions on wearing the hijab, observing the Ramadan fast, and practising other aspects of their faith. He argues that such measures infringe on constitutionally guaranteed religious freedoms.
The Board of Governors of Wesley Girls later filed a writ on March 16 to be joined as a defendant in the case. However, the plaintiff has contested its inclusion and is asking the court to strike it out.
The Attorney General (AG), representing the Ministry of Education, has rejected claims that the school’s policies are unconstitutional. The AG argues that Wesley Girls, established under the auspices of the Methodist Church Ghana, is entitled to uphold rules consistent with its religious traditions.
According to the AG, the school’s faith-based character allows it to enforce standards of conduct and religious observance, even where such rules may limit the expression of other religions within the school environment.
In a related development, the Ghana Catholic Bishops’ Conference has joined the case as an interested party. It filed an amicus curiae brief to assist the court in addressing the constitutional and legal issues involved.
An affidavit in support of the brief was sworn by Most Rev. Joseph Kwaku Afrifah-Agyekum, the Episcopal Bishop in charge of education for the Catholic Church in Ghana.
He noted that the submission was based on consultations with legal counsel and aimed at supporting the court’s deliberations in good faith.
The conference argues that the case raises significant questions about the governance of mission schools and their ability to preserve their religious identity within Ghana’s public education system.
A key document referenced in the proceedings is the Memorandum of Understanding on Religious Tolerance in Schools, adopted on April 15, 2024, by government-assisted and private mission schools. The document seeks to strike a balance between accommodating religious diversity and maintaining institutional values.
The case, which also involves the Ghana Education Service, has attracted considerable public attention due to its potential implications for religious freedom and education policy.
Meanwhile, the AG has filed a motion urging the court to retain the Board of Governors as a defendant, insisting that it has the legal capacity to sue and be sued.
The Supreme Court’s eventual ruling is expected to set a significant precedent on the intersection of religious rights and the administration of mission schools in Ghana.
BY MALIK SULLEMANA
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