Supreme Court admits Catholic, Presbyterian bodies in Wesley Girls hijab case

The Supreme Court of Ghana has admitted the National Catholic Secretariat and the Registered Trustees of the Presbyterian Church of Ghana as parties in a significant lawsuit concerning religious practices at Wesley Girls’ High School. A five-member panel, led by Justice Gabriel Scott Pwamang, granted the religious bodies' request to be joined as the fifth and sixth defendants.

The original suit was filed by private legal practitioner Shafuc Kwabena Osman, who alleges discriminatory religious practices against Muslim girls at the school. Osman's legal action, brought under the 1992 Constitution, challenges restrictions on Muslim students, including wearing the hijab and observing Ramadan fasts, arguing these violate their constitutional right to religious freedom.

Initially, the lawsuit named the Ministry of Education and Wesley Girls’ High School as defendants. The school's Board of Governors subsequently applied to join, a move opposed by the plaintiff. The Attorney-General, representing the Ministry of Education, has contested the claims, asserting Wesley Girls', an institution established under the Methodist Church Ghana, has the right to uphold rules consistent with its religious traditions.

Adding another layer to the legal discourse, the Ghana Catholic Bishops’ Conference has submitted an amicus curiae brief. This submission, supported by Bishop Joseph Kwaku Afrifah-Agyekum, aims to assist the court in navigating the complex issues surrounding the governance of mission schools and their capacity to maintain their religious identity within Ghana's public education framework. The case also highlights the Memorandum of Understanding on Religious Tolerance in Schools, adopted in April 2024, which seeks to balance religious diversity with institutional values in government-assisted and private mission schools. The Supreme Court's eventual ruling is anticipated to establish a crucial precedent regarding the interplay between religious freedom and the administration of mission schools across Ghana.