Supreme Court sets April 21 to hear Wesley Girls’ religious rights case

The Supreme Court has set April 21 to hear a case challenging alleged religious practices at Wesley Girls Senior High School.

The suit, filed by private legal practitioner Shafic Osman, accuses the school of compelling students of all faiths to adhere to Methodist practices and restricting Muslim students from expressing their religion. The plaintiff argues that these actions constitute a violation of the rights of Muslim students.

Two separate applications have been filed in the case—one by the school’s Board of Governors, which is a party to the suit, and another by the Catholic Church of Ghana.

The Board of Governors is contesting its inclusion in the case, arguing that the school is owned by the Trustees of the Methodist Church, whom it says are the proper entity to be sued.

In response, Osman disputes the board’s claim, citing the Ghana Education Service Act, which he says mandates the board to manage the affairs of the school, making it a proper party to the suit.

He further contends that the case also names the Ghana Education Service and the Attorney General, and that any attempt to strike out the writ based on the board’s alleged lack of legal capacity is misguided.

Meanwhile, the Catholic Church has filed an application to participate in the case as a friend of the court.

In its submission, the Secretariat challenges the Supreme Court’s jurisdiction, arguing that the matter is a human rights issue that should be heard by the High Court.

On the substantive issues, it maintains that faith-based schools have the right to uphold their religious values, and that students of other faiths who voluntarily enroll in such institutions may be considered to have accepted certain limitations on practicing their own religion.