Supreme Court dismisses bid to strike out Wesley Girls board in Hijab case

The Supreme Court of Ghana has dismissed an application by the Board of Governors of Wesley Girls’ Senior High School seeking to be struck out of a suit over alleged religious discrimination against Muslim students.

In a unanimous ruling on Wednesday, a seven-member panel presided over by Chief Justice Paul Baffoe-Bonnie held that the board has the legal capacity to sue and be sued and must remain a party to the case.

The board had argued that it was not a juristic person and, therefore, could not be sued, but the court rejected the claim.

The suit was filed in December 2024 by Shafic Kwabena Osman, who is invoking the court’s original jurisdiction under Articles 2 (1) (b) and 130 (1) (a) of the 1992 Constitution.

It challenges alleged restrictions imposed by the school on Muslim students, including claims that they are barred from wearing the hijab, observing Ramadan fasting and practising other aspects of their faith.

The plaintiff argues that these measures violate constitutional guarantees of religious freedom.

The Attorney-General’s Department, representing the Ministry of Education, has opposed the claims, arguing that the school, established under the Methodist Church, is entitled to enforce rules consistent with its religious ethos.

According to the Attorney-General, the school’s faith-based identity allows it to regulate conduct and religious expression on campus.

Meanwhile, the Ghana Catholic Bishops’ Conference has joined the case as an interested party through an amicus curiae brief, citing the wider implications for mission schools.

The case, which also involves the Ghana Education Service, has drawn significant public attention and is expected to set an important precedent on religious rights and school governance.

Proceedings are ongoing.

BY MALIK SULLEMANA

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