A seven-member panel of the Supreme Court has unanimously dismissed an application by the Board of Governors of Wesley Girls’ High School seeking to strike out a suit alleging religious violations for lack of capacity.
In the suit, the Board argued that it is not a juristic person capable of being sued and prayed the court to dismiss the action.
Both the plaintiff, represented by Abdul Aziz Gomda, and the Attorney-General, represented by Deputy Attorney-General Dr Justice Srem-Sai, opposed the application and urged the court to dismiss it.
They argued separately that even if the Board of Governors lacked capacity to be sued, it would still enforce any guidelines issued by the Ghana Education Service, the second defendant.
The panel, chaired by Chief Justice Paul Baffoe-Bonnie, held that the Board of Governors of Wesley Girls’ High School “are competent persons to be sued” and dismissed the application.
The substantive case was filed by private legal practitioner Shafic Osman, who alleges that the rights of Muslim students are being violated.
The Board of Governors of Wesley Girls’ SHS, the Ghana Education Service, and the Attorney-General are named as first, second, and third defendants, respectively.
Wesley Girls’ Motion
Iris Orleans, Counsel for the Wesley Girls’ High School, while moving the motion, submitted: “We are simply asking you to strike out the action because the first defendant is not a juristic person.”
Counsel submitted that the situation at Wesley Girls’ High School is not the same as what pertained in the Achimota School Board of Governors case.
She said while the Achimota School Board was established by an Act of Parliament and has capacity, that of Wesley Girls’ School is different.
Counsel further submitted that the Board of Wesley Girls’, because of its special nature, exists only for management purposes, and management is a different capacity from a body that can be sued.
She also argued that, unlike the management of public schools, special provisions have been made for faith-based institutions.
“Schools like Wesley Girls’, which is a faith-based school, should not be lumped together with other schools,” Counsel for the Board argued, adding that “this case is different from the Achimota School case.”
Plaintiff’s Opposition
Abdul-Aziz Gomda, Counsel for the Plaintiff, vehemently opposed the Board of Governors of Wesley Girls’ High School’s application to strike out the suit for lack of capacity.
In his submission, Counsel questioned whether there was no body called the Board of Governors of Wesley Girls’, citing the Board of Achimota School to support his argument.
He argued that public schools are to be managed by Boards of Governors and that the Board of Wesley Girls’ is a statutory creation with legal authority.
“We have three defendants and the reliefs are not only against the first defendant,” he said, adding that “we sought reliefs against the Ghana Education Service to provide guidelines.”
AG’s Argument
Deputy Attorney-General Dr Justice Srem-Sai submitted that, assuming the first defendant does not have capacity, the second defendant, Ghana Education Service, does.
The Deputy AG argued that Wesley Girls’ is a public school and is managed as a public senior high school, and that Boards are mandatory for public schools.
Dr Srem-Sai also said it is, by law, mandatory for a high school managed as a public school, including Wesley Girls’ High School, to constitute a Board of Governors to ensure that the school is managed in accordance with the laid-down rules and regulations of the second defendant, the GES.
The Board exists in fact and in law, contrary to the Board’s claim, the AG’s affidavit insists: “The 1st Defendant/Applicant exists in fact.”
READ: Keep Wesley Girls’ Board of Governors as Defendant; they can be sued – Srem-Sai tells Supreme Court
It lists the full 15-member Board chaired by Very Rev. Prof. Johnson Kwabena Asamoah-Gyadu, the 13th and current Presiding Bishop of the Methodist Church Ghana.
“We believe that even if the court should hold that the first defendant does not have capacity, the suit should stand,” he submitted, and urged the court to dismiss the application.
By Court
The panel of seven, which also includes Justices Gabriel Pwamang, Amadu Omoro Tanko, Richard Adjei-Frimpong, Senyo Dzamefe, Sir Dennis Dominic Adjei, and Kweku Tawiah Ackaah-Boafo, unanimously dismissed the application.
The Court held that the Applicant, the Board of Governors of Wesley Girls’ High School, “are competent persons to be sued” and the application is dismissed.
The Court has directed the defendants to file their processes within two weeks, while the matter has been adjourned indefinitely.
Source: Starrfm.com.gh
