Supreme Court Dismisses Wesley Girls Application, Allows Religious Directives Case to Proceed

The Supreme Court of Ghana has dismissed an application by Wesley Girls’ High School seeking to strike out a constitutional suit challenging aspects of the school’s religious directives, allowing the substantive case to proceed.

In a ruling delivered on Tuesday, April 29, a seven-member panel presided over Chief Justice Baffoe-Bonnie held that the school’s Board of Governors is a proper party to the case and can legally be sued.

The decision removes a key procedural barrier in a case that has attracted national attention, particularly over the balance between school regulations, religious freedom and constitutional rights in Ghana’s education system.

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 struck out of the proceedings. Its lawyers further contended that the appropriate entity to be named in the suit was the Methodist Church Ghana Trustees, rather than the Board.

However, the court rejected this argument and upheld submissions made by Deputy Attorney-General Dr Justice Srem-Sai, along with counsel for the plaintiff, Abdul Aziz Gomda.

The court ruled that the Board of Governors is competent to remain a defendant in the case and ordered the school to file its response to the substantive claims within two weeks. The matter has been adjourned indefinitely.

The suit is expected to test constitutional limits on the extent to which mission schools can enforce religious-based rules, especially where such directives may conflict with students’ rights.

The panel also included Justices Gabriel Scott Pwamang, Senyo Dzamefe, Kwaku Tawiah Ackaah-Boafo, Issifu Omoro Tanko Amadu, Richard Adjei-Frimpong and Sir Dennis Dominic Adjei.