The Supreme Court has dismissed a motion by Wesley Girls’ High School seeking to strike out a lawsuit challenging the constitutionality of some of its religious directives, paving the way for the substantive case to proceed.
In a ruling delivered on April 29, a seven-member panel presided over by Chief Justice Baffoe-Bonnie rejected the school’s preliminary objection, which argued that the Board of Governors – named as a defendant in the suit – lacked the legal capacity to be sued.
Counsel for the school had contended that the proper party to be sued should be the Trustees of the Methodist Church Ghana, not the Board of Governors.
However, the apex court upheld submissions from Deputy Attorney-General Dr. Justice Srem-Sai and counsel for the plaintiff, Abdul Aziz Gomda. The court held that the Board of Governors is a proper party to the suit and competent to be sued.
Following the ruling, the court ordered the school to file its response to the substantive claims within two weeks. The case, which has drawn significant public interest due to its implications for religious practices in educational institutions, has been adjourned indefinitely.
Other members of the panel included Justices Gabriel Scott Pwamang, Senyo Dzamefe, Kwaku Tawiah Ackaah-Boafo, Issifu Omoro Tanko Amadu, Richard Adjei-Frimpong, and Sir Dennis Dominic Adjei.
