A new twist has emerged in the high-profile religious rights case involving Wesley Girls’ Senior High School (SHS), as the Attorney General prepares t
A new twist has emerged in the high-profile religious rights case involving Wesley Girls’ Senior High School (SHS), as the Attorney General prepares to file a fresh statement of case before the Supreme Court on Tuesday morning.
The move follows intense public debate generated after the Court’s earlier ruling, prompting the state to realign its legal arguments for clarity and accuracy.
The Attorney General, Dr. Dominic Ayine, is expected to apply for permission to withdraw and replace the earlier statement of case filed on behalf of the Ghana Education Service (GES) and the State, who are listed as the 2nd and 3rd defendants.
According to court documents, the new filing is intended to clarify the legal position of the State in response to the lawsuit brought by private legal practitioner, Shafic Osman, in December 2024.
Case
The origins of the litigation trace back decades to the long-standing identity and operational structure of Wesley Girls’ SHS, one of the premier mission schools established by the Methodist Church in 1836.
Like many faith-based institutions formed before the independence, Wesley Girls has maintained a distinct Christian ethos while operating within the public secondary school system.
Under the colonial-era Education Ordinances of 1882 and 1887, mission schools were categorized as “assisted schools”—institutions established by religious missions but supported with funding and resources from the government.
After independence, the Education Act of 1961 (Act 87) incorporated such schools into the public system, placing them under the Ghana Education Service while allowing churches to maintain their religious identity.
This arrangement has, however, generated recurring tensions between the rights of students belonging to other faiths and the religious character of the institutions they attend.
The Plaintiff’s Claims
Lawyer Shafic Osman, representing himself, filed a writ challenging policies at Wesley Girls’ SHS which he argues violate the constitutional rights of Muslim students.
The plaintiff alleges that the school: Prohibits Muslim students from wearing the hijab, Prevents the observance of Islamic prayer (salat), Restricts fasting during Ramadan, Disallows Islamic gatherings on campus, Compels all students to participate in Methodist worship and Fails to appoint Muslim students to leadership positions
According to the plaintiff, these policies amount to religious discrimination and contravene constitutional provisions on freedom of thought, belief, practice, and non-discrimination under Articles 12, 17, 21, 26, and 56 of the 1992 Constitution.
He is seeking several declarations, including an order to restrain the school and the GES from enforcing the contested policies and a directive for the GES to issue comprehensive guidelines on religious freedom in public schools.
Attorney General’s Revised Arguments
In the Attorney General’s initial response—now set to be replaced—the State defended Wesley Girls’ SHS, insisting that the school has a constitutional right to maintain its Methodist character.
The AG argued that:
1. Wesley Girls’ SHS remains a religious institution established and owned by the Methodist Church, even though it receives government funding.
2. Faith-based schools enjoy autonomy to enforce religious-based practices and expectations.
3. Government support does not diminish the school’s religious rights, citing constitutional protections and Supreme Court decisions affirming that corporations and institutions also enjoy fundamental rights.
4. Requiring the school to allow unrestricted religious expression of all faiths could infringe on its own right to practice and promote Methodist values.
The AG referenced both Ghanaian and international legal precedents, including the CIBA case, the Bomfeh ruling, and Canada’s Loyola High School v. Quebec decision, to support his position that religious freedom extends to institutions, not just individuals.
Why the Statement Is Being Replaced
Sources close to the case say public reaction to the Supreme Court’s handling of preliminary issues has been intense, particularly on social media, where Ghanaians fiercely debated the balance between religious freedom and the rights of mission schools.
In response, the Attorney General has opted to refine the State’s arguments, ensuring that factual and legal positions are more precisely articulated before the Court hears the substantive suit.
The motion for replacement has already been filed and set for hearing.
What Comes Next
The Supreme Court will first determine whether to grant permission for the Attorney General to replace the earlier statement of case.
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