Clears Path for Constitutional Scrutiny of Religious Directives
By Lawrence Odoom
The Supreme Court has decisively overruled an application filed by Wesley Girls’ High School seeking to quash a constitutional suit contesting the institution’s religious directives, thereby paving the way for adjudication of the substantive matter.
In a ruling delivered on Tuesday, April 29, a seven-member panel presided over by Chief Justice Baffoe-Bonnie held that the school’s Board of Governors “was a proper party to the case and could legally be sued.”
The pronouncement removes a formidable procedural obstacle in a litigation that has seized national attention, probing the delicate equilibrium between institutional regulations, religious liberty, and constitutional entitlements within Ghana’s educational landscape.
Counsel for Wesley Girls had mounted a preliminary objection, averring that the Board of Governors lacked the requisite legal personality to sue or be sued and ought to be struck out of the proceedings. The school further posited that the Trustees of the Methodist Church Ghana constituted the appropriate legal entity to be joined to the suit.
The apex court, however, repudiated that submission. It upheld the counterarguments advanced by Deputy Attorney-General Dr. Justice Srem-Sai and plaintiff’s counsel, Abdul Aziz Gomda, affirming that “the Board of Governors was competent to remain a defendant in the matter.”
Consequent to the ruling, the Supreme Court directed Wesley Girls’ High School to file its response to the substantive claims within two weeks. The matter has since been adjourned indefinitely.
The suit is poised to interrogate profound constitutional questions concerning the extent to which mission schools may enforce faith-based edicts, particularly where such directives potentially collide with the fundamental rights of students.
The case has ignited robust public discourse in recent years, crystallizing broader national debates on faith-based institutions, student welfare, and the inviolability of religious freedom.
The panel that determined the preliminary objection comprised Justices Gabriel Scott Pwamang, Senyo Dzamefe, Kwaku Tawiah Ackaah-Boafo, Issifu Omoro Tanko Amadu, Richard Adjei-Frimpong, and Sir Dennis Dominic Adjei.