Supreme Court Adjourns Wesley Girls Religious Rights Case to May 26

The Supreme Court of Ghana has adjourned to May 26, 2026, a high-profile case involving alleged religious discrimination against Muslim students at Wesley Girls’ Senior High School. The case, initially scheduled for oral arguments on April 21, was postponed, although reasons for the adjournment were not disclosed.

The suit was filed on December 23, 2024, by private legal practitioner Shafic Kwabena Osman, who is invoking the court’s original jurisdiction under the 1992 Constitution. The defendants include the Ministry of Education and Wesley Girls. The plaintiff alleges that certain school policies violate the constitutional rights of Muslim female students.

Claims of Religious Rights Violations

At the centre of the case are claims that the school restricts Muslim students from:

• Wearing the hijab

• Observing the Ramadan fast

• Practising aspects of their faith

According to the plaintiff, these restrictions infringe on constitutionally protected religious freedoms.

The Board of Governors of Wesley Girls has applied to be joined as a defendant in the case. However, the plaintiff is opposing this move and has asked the court to strike out the application. Meanwhile, the Attorney General, representing the Ministry of Education, has filed a motion urging the court to retain the Board, arguing that it has the legal capacity to be part of the proceedings.

The Attorney General has rejected claims that the school’s policies are unconstitutional. According to the state, Wesley Girls, established under the auspices of the Methodist Church Ghana, is entitled to uphold rules consistent with its religious values. The argument emphasises that mission schools can enforce standards of conduct aligned with their founding beliefs, even if such rules limit the expression of other religions within the school environment.

In a related development, the Ghana Catholic Bishops’ Conference has joined the case as an interested party. The Conference submitted an amicus curiae brief to assist the court in addressing the constitutional and legal questions involved. An affidavit supporting the brief was sworn by Most Rev. Joseph Kwaku Afrifah-Agyekum, who oversees education for the Catholic Church in Ghana. The Conference argues that the case raises critical questions about how mission schools are governed and how they preserve their religious identity within Ghana’s public education system.

A key reference in the case is the Memorandum of Understanding on Religious Tolerance in Schools, adopted on April 15, 2024, by government-assisted and private mission schools. The framework seeks to balance religious diversity with institutional values.

The case, which also involves the Ghana Education Service, has sparked widespread public interest due to its potential implications for religious freedom and education policy.

The Supreme Court’s eventual ruling is expected to set a major precedent on the intersection of religious rights and the administration of mission schools in Ghana.