The Attorney-General and Minister of Justice, Mr. Godfred Yeboah Dame has intervened in the controversies surrounding the decision of the Achimota School to appeal against the High Court ruling. While expressing support for the school’s decision to appeal, he noted that it was not proper for the school to apply for a stay of execution on the ruling, pending a hearing of the appeal.
Earlier, the Human Rights Court 1 Division of the High Court in Accra had ordered the school to rescind on its decision and admit the students. On Tuesday evening, however, the Governing Board of Achimota School announced its decision to appeal this decision and was subsequently bent on filing a stay of execution.
However, Mr. Dame has expressed his disapproval of this decision.
According to him, it is important that the students be allowed to study while the court processes continue. He had thus made the recommendation to the school which had been heeded.
“I heard that an application for stay of execution had been filed by the school and it was my view that that application should not be filed … and [so] I directed that that application should be withdrawn and that was agreed… so I am happy to say that for the children, yes, they can go to school but it does not signal the end of the matter”, he confirmed on Accra based Asempa FM.
On his support for the decision to appeal, Mr. Dame argued that the decisions of one High Court are not binding on another, hence a determination could be made elsewhere which can be contrary to the ruling of the High Court which ruled in favor of the two students.
“Even though this High Court has said that the parties infringed on certain provisions of the Constitution, it does not mean the same High Court, differently constituted – that means a High Court which is presided over by a different judge is also bound by this decision. So he can find another High Court Justice to make a decision to the contrary. So I think that it is very important that the founders and otherwise to appeal, especially when it has such high implications for education”, he noted.
Meanwhile, the lawyer of the students, Wayoe Ghanamanti is confident that the students would not suffer any prejudice or intimidation from the school, even after the decision to appeal. Find out more here.