Supreme Court dismisses Wesley Girls’ objection to suit on alleged religious discrimination, 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 its religious directives, paving the way for the substantive case to proceed.

In a ruling delivered on Tuesday, April 29, a seven-member panel presided over by Chief Justice Baffoe-Bonnie held that the school’s Board of Governors is a proper party to the case and has the legal capacity to be sued. The decision removes a major procedural barrier and allows the court to now focus on the core constitutional issues raised in the suit.

The case has attracted widespread national attention, as it touches on the delicate balance between institutional regulations in mission schools, religious practices, and the constitutional rights of students within Ghana’s educational system.

Wesley Girls’ High School had earlier raised a preliminary objection, arguing that its Board of Governors lacked the legal standing to either sue or be sued. The school’s legal team maintained that the appropriate entity to be named in the suit was the Methodist Church Ghana, which oversees the institution, rather than the Board itself.

However, the Supreme Court rejected this argument, siding with submissions made by Deputy Attorney-General Justice Srem-Sai and counsel for the plaintiff, Abdul Aziz Gomda. The court affirmed that the Board of Governors is legally competent to remain a defendant in the matter.

Following the ruling, the court directed the school to file its response to the substantive claims within two weeks. The case has since been adjourned indefinitely, pending further proceedings.

The substantive suit is expected to test important constitutional questions, particularly regarding the extent to which mission schools can enforce religious-based policies, especially when such rules may conflict with students’ fundamental rights, including freedom of religion and personal autonomy.

The matter has sparked ongoing public debate in Ghana, reflecting broader concerns about the role of faith-based institutions in education, student welfare, and the limits of institutional authority in a constitutional democracy.

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