Rastafarians can go to school pending appeal - Attorney General

Enoch Darfah Frimpong Jun - 02 - 2021 , 17:54 5 minutes read

It is certain that the two Rastafarian boys can now begin their schooling at the Achimota Senior High School pending the determination of an appeal of the Accra High Court decision last Monday which ordered Achimota School to accept them.

This follows consultations among the Attorney-General (A-G) and Minister of Justice, Mr Godfred Yeboah Dame, the Minister of Education, Dr. Yaw Osei Adutwum, the Board and management of the Achimota School.

The A-G during the consultations Wednesday [June 2, 2021] advised Achimota School to withdraw the stay of execution application, which it filed on Wednesday.

Achimota School has consequently decided to withdraw the application for stay of execution.

However, the school is committed to appealing the ruling of the Accra High Court, which the A-G has also endorsed and is even considering advising the government to also join in the appeal.

In the meantime, the two students can continue with their education at Achimota School until the final determination of the appeal.

The Board Chairman of Achimota School, Osei Kwame Agyeman in a revised signed statement dated June 2, 2021 (copy attached below) confirmed the decision to withdraw the stay of execution application and rather pursue the appeal.

The Human Rights Division of the Accra High Court on Monday ordered Achimota Senior High School to admit the Rastafarian students, Tyron Iras Marhguy and Oheneba Nkrabea.

The two students had gained admission to Achimota School but they could not start classes because of their dreadlocks, which the school said ought to be cut in conformity with school rules and regulations.

The students however, insisted they will not cut their hair since they were wearing them on religious grounds - Rastafarianism.

In a ruling Monday afternoon [May 31, 2021], the Human Rights Court One, presided over by Justice Gifty Adjei Addo, held that failure to admit the two students because of their dreadlocks, which is a manifestation of their religious right is a violation of their human rights, right to education and dignity.

The court, in separate judgments ordered Achimota School to admit the students to continue their education.

Marhguy, filed the suit through his father at the Human Right Division of the Accra High Court on March 31 this year to seek the enforcement and declaration of his right to education.

The suit had the board of governors of the Achimota School and the Attorney-General as first and second respondents respectively.

The Attorney General had argued previously in court that the applicant had no cause of action because nothing within the scope of his right to education and religion had been infringed upon.

A-G's interview with Joy FM

But in a radio interview monitored by Graphic Online on Accra based Joy FM on Wednesday evening [June 2, 2021], the A-G, Mr Godfred Yeboah Dame said his advise to Achimota School in the meantime is to allow the students to go to school.

"The students ought to go to school...that is my advise, they [Achimota] ought to comply."

He said that is not the end of the matter and that a case of this nature ought to go through the judicial architecture, from the High Court, Court of Appeal and Supreme Court to test the "soundness" of the decision.

"We ought to have a more definitive pronouncement on the merits of the matter, by a higher court in the superior court of judicature architecture" to the extent to which certain matters claimed to be religious ought to be accepted."

Mr Yeboah Dame explained that Wednesday's engagement between his office and Achimota School came to the conclusion that the students ought to be allowed to attend school.

No justification for stay of execution

"An appeal is proper [for] either a refinement of this ruling or a statement of its unsoundness, with all respect by the superior court. Secondly, I think that even when the soundness or correctness of the decision is being tested in an appeal, there is no justification for a stay of execution to be filed. So it has come to my knowledge... so I told the Minister of Education that the stay of execution should be withdrawn."

He said Achimota may still pursue the appeal.

Mr Yeboah Dame argued that the government's policy is to ensure that all persons who are worthy of secondary education attain it, "so the President [Akufo-Addo] will be concerned by any action which will prevent people from going to school so the students ought to go to school. The school ought to open its doors to them."

"Secondly, an appeal can be contested without a stay of execution... the school can pursue its appeal, the government may even consider after studying the ruling whether it will also file an appeal."

He said the consequence of it is that, "if we succeed in our appeal, there will only be a reversion to the situation prevailing before."

Explaining that the students can go to school wearing their dreadlocks, Mr Yeboah Dame said: "In the meantime, I think that not so much harm will be caused if say within six months, nine months or a year, the Court of Appeal or the Supreme Court makes a determination in favour of Achimota School and we vary them to keep their hair low, nothing will be lost and the hair ought to be kept low, otherwise they can be suspended. They can face the necessary punishments set out in the school rules and regulations. If your headmaster says you should do this and you don't do it, what is the consequence, you can be expelled or you can be suspended according to the school rules."

Writer's email: enoch.frimpong@graphic.com.gh