Attorney General and Minister for Justice, Dominic Ayine, has issued a strong defence of Wesley Girls’ Senior High School in a case before the Supreme Court, arguing that the school’s religious character and policies are constitutionally protected.
His position is contained in a detailed response to a lawsuit filed by Ghanaian citizen and lawyer, Shafic Osman, who is asking the court to declare certain school practices discriminatory against Muslim students.
The controversy dates back to 2021, when a Muslim student at the school was allegedly prevented from fasting during Ramadan.
The matter sparked national debate and drew the involvement of the school’s management, the Methodist Church, the Ghana Education Service (GES), the National Peace Council, as well as Muslim leaders and legislators.
The suit, filed on 24th December 2024, invokes the original jurisdiction of the Supreme Court under Articles 2(1)(b) and 130(1)(a) of the 1992 Constitution.
The action challenges the school’s alleged restrictions on Muslim students, including claims that they are barred from wearing the hijab, fasting during Ramadan, and observing other Islamic practices.
The plaintiff is seeking declarations that the school’s policy violates students’ rights to freedom of religion and expression under Articles 21(1)(b), 21(1)(c) and 26 of the 1992 Constitution.
However in his legal response, the Attorney General strongly rejects these claims and urges the court to dismiss the suit.
In the written submissions, the office of the Attorney General stated:
“The Attorney-General presents the following arguments in support of the prayer that the case in the Writ be dismissed.
(a.) Wesley Girls High School is owned by the Methodist Church and not the State.
(b.) Wesley Girls High School has the right to practice its religion.
c. Wesley Girls High School is entitled to government funding, even as a religious body.
d. The State cannot take away the religious right from Wesley Girls High School because of funds received from the State.”
The Attorney General’s cited the ruling of the Supreme Court of Canada’s judgment in Loyola High School v Quebec (Attorney General) [2015] 1 S.C.R. 613 to support his position.
According to the response, the Canadian court held that government directives requiring faith-based schools to deliver religious education from a “neutral perspective” violated their constitutional rights.
The Attorney General reproduces a key passage from Justice Abella, noting its relevance to the Wesley Girls case.
Abella J stated at pages 649 to 650, “”To tell a Catholic school how to explain its faith undermines the liberty of the members of its community who have chosen to give effect to the collective dimension of their religious beliefs by participating in a denominational school.””
The submission continued, “Applying this rationale to Wesley Girls’ High School, requiring the school to permit unrestricted religious practices of other faiths would impede the free exercise of Methodism, which is fundamental to the school’s principles. Allowing such practices would, in this perspective, infringe upon the school’s religious freedom, aligning with the arguments presented in the Loyola case”
He concluded, stressing his position that the plaintiff has no legal basis for the reliefs being sought.
“My Lords, it is the 2nd and 3rd Defendants’ respectful submission that:
(a.) Wesley Girls High School is owned by the Methodist Church and not the State.
b. Wesley Girls High School has the right to practice its religion.
c. Wesley Girls High School is entitled to government funding, even as a religious body.
d. The State cannot take away the religious right from Wesley Girls High School on the basis that it receives funds from the State.
My Lords, it is the Defendants’ respectful submission that the Plaintiff is not entitled to any of the reliefs sought in the Writ and Statement of Case.
Accordingly, the Defendants pray that the Plaintiff’s action should be dismissed.”
