The Supreme Court of Ghana has dismissed an application by Wesley Girls’ High School seeking to strike out a suit challenging the constitutionality of some of its religious directives, clearing the way for the substantive case to proceed.
The school had filed a preliminary objection arguing that its Board of Governors, which was named as a defendant in the suit, lacked the legal capacity to sue or be sued and should therefore be removed from the proceedings.
Counsel for the school further contended that the appropriate party to be sued was the Methodist Church of Ghana through its trustees, rather than the Board itself.
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However, in a ruling delivered on April 29, a seven-member panel of the court, presided over by Chief Justice Baffoe-Bonnie, dismissed the objection and upheld arguments by the Deputy Attorney-General, Dr Justice Srem-Sai, as well as counsel for the plaintiff, Abdul Aziz Gomda.
The court held that the Board of Governors of Wesley Girls is a proper party to the suit and competent to be sued, effectively allowing the constitutional challenge to move forward.
Following the ruling, the court directed the school to file its response to the substantive claims within two weeks. The case, which has generated significant public interest due to its implications for religious practices in educational institutions, has been adjourned indefinitely.
Other members of the panel included Justices Gabriel Scott Pwamang, Senyo Dzamefe, Kwaku Tawiah Ackaah-Boafo, Issifu Omoro Tanko Amadu, Richard Adjei-Frimpong, and Sir Dennis Dominic Adjei.