The Office of the Attorney-General has asked the Supreme Court to dismiss an application by the Board of Governors of Wesley Girls’ High School seeking to strike out a writ filed against it over alleged religious rights violations, insisting the Board has legal capacity and can be sued.
Deputy Attorney-General, Dr Justice Srem-Sai, in the State’s affidavit in response, argued that the Board of Governors is “an existing body of persons” and therefore a proper party to be sued.
“The 1st Defendant/Applicant, being an existing body of persons, has capacity to sue or be sued,” the Attorney-General’s affidavit filed on April 10 stated.
On December 23, 2024, a private legal ugpractitioner Shafic Osman filed a writ invoking the original jurisdiction of the Supreme Court to investigate into the allegations of the violations of Muslims students in offering their prayers.
In that lawsuit, the Plaintiff named the Board of Governors of Wesley Girls’ High School as one of the parties (1st Defendant) in addition to the Ghana Education Service (2nd Defendant) and the Attorney General as (3rd Defendant).
With the substantive matter which touches on the recurring national debate over religious rights and practices in public mission schools, particularly Wesley Girls’ High School in Cape Coast, the board of governors want the action dismissed for lack of capacity.
On March 16, 2026, the Board of Governors, through the Assistant Headmaster of the school, filed a motion asking the Supreme Court to strike out (dismiss) the writ.
The Board’s core argument, as captured in its affidavit, is that it “lacks capacity” to be sued, essentially challenging its own legal standing as a defendant in the constitutional action.
AG’s response
In a sworn affidavit deposed to by Mary Yeboah, Administrative Secretary at the Office of the Attorney-General, on the authority of the Attorney-General, the State is urging the Apex Court to dismiss the Board’s motion.
The affidavit, laying out the position of Deputy Attorney-General Dr.Justice Srem-Sai, makes three key arguments:
First, AG argued that, the Wesley Girls’ is a public school and is managed as a public senior high school,” the affidavit stated.
Secondly, the AG, contended that, the Boards are mandatory for public schools and that, “It is, by law, mandatory for a high school which is managed as public school, including Wesley Girls’ High School, to constitute a Board of Governors to ensure that such a school is managed in accordance with laid down rules and regulations of the 2nd Defendant,” the GES.
Thirdly, The Board exists in fact and law, contrary to the Board’s claim, the AG’s affidavit insists “the 1st Defendant/Applicant exists in fact.”
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.
Composition of the Board
The State’s filing names the following as members of the Wesley Girls’ High School Board of Governors:
i. Very Rev. Prof. Johnson Kwabena Asamoah-Gyadu – Chairperson, Presiding Bishop, Methodist Church Ghana
ii. Very Rev. Mrs. Naana Dannyame – Representative of the Director-General, GES
iii. Dr. Mrs. Juliette Dufie Otami – Regional Director of Education
iv. Mr. Thomas Kwofie – Metropolitan Director of Education
v. Very Rev. Francis K. Ennuson Jnr. – General Manager, Methodist Schools
vi. Ms. Evelyn Nana Efua Assan –Headmistress
vii. Mrs. Harriet Wereko-Brobby – Representative of the Old Girls’ Association
viii. Ing. Ernestina Jemima Swatson – Representative of the Old Girls’ Association
ix. Nana Kwame Hammond – Representative of Teaching Members of Staff
x. Ms. Sabina Osei – Representative, Non-Teaching Members of Staff
xi. Dr. Mrs. Celestina Allotey – P.A. Chairperson
xii. Mrs. Efua Ghartey – School Lawyer
xiii. Rev. Gabriel K. Kumassah – Secretary, Assistant Headmaster
xiv. Very Rev. Ebenezer Aidoo – Mfantsipim School Headmaster
xv. Nana Kweku Awuku – Representative, CCMA
xvi. Joel Opare Asare – Representative, CCMA
Legal capacity to sue and be sued
The AG’s position, as argued by Dr Justice Srem-Sai, is that legal capacity is not limited to incorporated bodies.
“I am advised by counsel, and I verily believe the same to be true that a body of persons, whether incorporated or not, may sue or be sued,” the affidavit reads.
It adds that the claims in paragraphs 31, 32, 34, and 35 of the Board’s affidavit in support of its motion are therefore untenable.
The AG is praying the Supreme Court to dismiss the Board’s motion to strike out the writ, allowing the substantive constitutional action filed by Shafic Osman to proceed to hearing with the Board of Governors maintained as 1st Defendant.
The Supreme Court is expected to hear the application on April 21, 2026.
Religious rights in schools
Wesley Girls’ High School, a top-tier public mission school managed in partnership with the Methodist Church Ghana, has been at the center of national conversations on religious rights in recent years.
Issues have included the observation of religious practices, fasting, and worship by students of different faiths.
The current suit by Shafic Osman is the latest constitutional test of how public mission schools balance their denominational ethos with the rights of students under Ghana’s 1992 Constitution.
Source: www.kumasimail.com
