Supreme Court dismisses Wesley Girls’ motion to strike out suit over religious directives

The Supreme Court 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 preliminary objection, filed by the school, argued that the Board of Governors, named as a defendant in the suit, lacked the legal capacity to sue or be sued and should therefore be struck out of the proceedings.

Counsel for the school contended that the appropriate party to be sued was the Trustees of the Methodist Church Ghana, rather than the Board of Governors.

However, delivering its ruling on April 29, a seven-member panel of the apex court, presided over by Chief Justice Baffoe-Bonnie, dismissed the objection and upheld the submissions of the Deputy Attorney-General, Dr Justice Srem-Sai, and counsel for the plaintiff, Abdul Aziz Gomda.

The court held that the Board of Governors was a proper party to the suit and competent to be sued, effectively allowing the constitutional challenge to proceed.

Court orders response

Following the ruling, the court directed the school to file its response to the substantive claims within two weeks.

The case, which has attracted public interest due to its implications for religious practices in educational institutions, has been adjourned indefinitely.

Panel composition

Other members of the panel were Justices Gabriel Scott Pwamang, Senyo Dzamefe, Kwaku Tawiah Ackaah-Boafo, Issifu Omoro Tanko Amadu, Richard Adjei-Frimpong, and Sir Dennis Dominic Adjei.