The Supreme Court has thrown out a request by Wesley Girls’ High School to have a constitutional case—challenging some of its religious policies—dismissed, paving the way for the main case to continue.
In a ruling on Tuesday, April 29, a seven-member panel led by Chief Justice Baffoe-Bonnie determined that the school’s Board of Governors is a valid party in the suit and can legally be taken to court.
This decision removes a major procedural barrier in a case that has attracted nationwide attention, particularly regarding the balance between school rules, religious freedom, and constitutional rights within Ghana’s education system.
Wesley Girls had earlier filed a preliminary objection, arguing that its Board of Governors does not have the legal authority to sue or be sued and should therefore be excluded from the case.
The school’s legal team also argued that the Trustees of the Methodist Church Ghana—not the Board—should have been named in the lawsuit.
However, the apex court disagreed and supported arguments presented by Deputy Attorney-General Dr Justice Srem-Sai, along with the plaintiff’s lawyer, Abdul Aziz Gomda.
The court affirmed that the Board of Governors is properly included as a defendant. It also directed the school to submit its response to the main claims within two weeks.
The case has been adjourned indefinitely following the ruling.
The lawsuit is expected to address key constitutional issues, particularly how far mission schools can go in enforcing religious rules when such policies may clash with students’ rights. It has sparked widespread public debate in recent years, especially on matters of faith-based education, student welfare, and religious freedom.
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.
