A-G defends Wesley Girls’ SHS in Supreme Court suit over alleged religious discrimination

Attorney-General and Minister for Justice, Dominic Ayine, has submitted a detailed response to a Supreme Court action accusing Wesley Girls’ Senior High School of enforcing policies that discriminate against Muslim students.

In his filing, the Attorney-General dismisses the allegations, arguing that the school—established and managed by the Methodist Church—operates within its rights when it adopts rules that reflect its Methodist ethos.

He maintains that the school’s religious foundation gives it the authority to shape its internal regulations on religious conduct, even when those regulations restrict certain practices of other faith groups.

The legal challenge, lodged on December 24, 2024, by private lawyer Shafic Osman under the Supreme Court’s original jurisdiction, claims that Muslim students are barred from observing the hijab, fasting during Ramadan, and undertaking other Islamic obligations. The plaintiff argues that such policies infringe upon constitutionally protected freedoms of religion and cultural expression.

Among the reliefs sought is a declaration that the school’s approach violates Articles 21(1)(b), 21(1)(c), and 26 of the 1992 Constitution.

“A declaration that the 1st Defendant’s policy compelling and requiring the practice of a compulsory school religion in a public school is contrary to and inconsistent with Articles 21(1)(b)(c) and Article 26,” the suit states.

The plaintiff also contends that the contested policies run counter to international human rights norms recognised under Article 33(5).

He is further requesting that the Supreme Court direct the Ghana Education Service to develop constitutionally compliant guidelines that would govern religious expression in all public secondary schools.