Supreme Court dismisses Wesley Girls’ objection to suit on alleged religious discrimination, case to proceed
The Supreme Court has dismissed an application by Wesley Girls’ High School seeking to strike out a constitutional suit challenging some of the school’s religious directives, allowing the substantive case to move forward.
In its 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 decision clears a key procedural hurdle in a matter that has drawn national attention over the balance between school regulations, religious freedom and constitutional rights in Ghana’s educational institutions.
Wesley Girls had raised a preliminary objection, arguing that its Board of Governors lacked the legal capacity to sue or be sued and should therefore be removed from the proceedings.
Lawyers for the school further contended that the appropriate legal entity to be named in the suit was the Trustees of the Methodist Church Ghana, rather than the Board.
However, the apex court rejected that argument and upheld submissions made by Deputy Attorney-General Dr Justice Srem-Sai, together with counsel for the plaintiff, Abdul Aziz Gomda.
The court ruled that the Board of Governors was competent to remain a defendant in the matter.
Following the ruling, the Supreme Court ordered the school to file its response to the substantive claims within two weeks.
The case has since been adjourned indefinitely.
The suit is expected to test constitutional questions surrounding the extent to which mission schools can enforce religious-based rules, especially where such directives may conflict with the rights of students.
The matter has generated significant public interest in recent years, particularly amid wider national debates about faith-based schools, student welfare and freedom of religion.
The panel that heard the case included Justices Gabriel Scott Pwamang, Senyo Dzamefe, Kwaku Tawiah Ackaah-Boafo, Issifu Omoro Tanko Amadu, Richard Adjei-Frimpong and Sir Dennis Dominic Adjei.
