Wesley Girls SHS sued for alleged discrimination against muslim students

The case, filed under the original jurisdiction of the Supreme Court pursuant to Articles 2(1)(b) and 130(1)(a) of the 1992 Constitution, seeks to address what Osman claims are constitutional breaches impacting Muslim students.

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Private legal practitioner Shafic Osman has initiated legal proceedings against Wesley Girls Senior High School, challenging alleged religious discrimination faced by Muslim students at the institution.

The case, filed under the original jurisdiction of the Supreme Court pursuant to Articles 2(1)(b) and 130(1)(a) of the 1992 Constitution, seeks to address what Osman claims are constitutional breaches impacting Muslim students.

Osman is pursuing a series of declarations and directives against the Board of Governors of Wesley Girls’ Senior High School, the Ghana Education Service (GES), and the Attorney General. He alleges that the rights of Muslim students are being infringed upon by school policies that restrict their ability to observe their faith while mandating adherence to Methodist traditions.

One of the primary reliefs sought is a declaration that the school's policy barring Muslim students from practicing their religion contravenes Articles 12, 17(1) and (2), 21(1)(b), (c), (e), and 26 of the 1992 Constitution. Additionally, Osman contends that these policies violate international human rights standards recognized under Article 33(5).

The suit also challenges the compulsory participation of students in school-specific religious activities, arguing that such mandates conflict with Articles 21(1)(b), (c), and 26 of the Constitution. Osman asserts that denying Muslim students the freedom to exercise their religious beliefs amounts to discrimination, violating the equality guarantees in Article 17(2).

Further, the plaintiff claims that these policies harm students’ welfare and infringe on international child rights protections enshrined in Article 33(5). The Ghana Education Service, according to Osman, has unlawfully permitted Wesley Girls’ Senior High School to enforce a uniform religious program in breach of Article 56 of the Constitution.

The lawsuit seeks an immediate cessation of the contested policies and calls for the GES to establish constitutionally compliant regulations to guide religious practices in public schools.

Wesley Girls Senior High School, a highly regarded Methodist institution, has been the focus of criticism in recent years over perceived restrictions on the religious freedoms of students from non-Christian backgrounds. The Ghana Education Service has previously intervened in similar disputes, emphasizing the need for religious tolerance in public schools.

This case underscores the tension between institutional traditions and Ghana's constitutional commitment to inclusivity and respect for diverse beliefs. The Supreme Court’s ruling is eagerly anticipated, as it will have significant implications for human rights and democratic values in Ghana.