Rasta students against Achimota SHS: Second ruling out

    6

    Dennislaw News has a copy of the second ruling on the case between one of the two rasta students and Achimota Senior High School. The case was presided by Her Ladyship Justice Gifty Agyei Addo, a high court judge.

    This is the second of two suits(Tyron Iras Marhguy Vrs: The Board of Governors, Achimota Senior High School, and Attorney General with suit No. HR/0055/2021. The applicant, in this case, is Oheneba Kwaku Nkrabea; who sought 7 reliefs; six of which were upheld but one declined by the court.

    “Under our current Constitution, administrative justice is a human right. Persons wielding administrative authority must exercise the same in tune with the law. The 1st Respondent failed to properly act in tune with the dictates of administrative justice by refusing to accept the Applicant’s acceptance form and enroll him, simply because he stood by the manifestation of his religion. The refusal of the 1st Respondent, as already pointed out, was not in accord with due process of law,” said the judge, in giving her ruling.

    Background

    The Human Rights Division of the Accra High Court ordered Achimota Senior High School to admit the Rastafarian students, Tyron Iras Marhguy and Oheneba Nkrabea, who were denied admission by the school because of their dreadlocks.

    On Monday, 31st May, the Human Rights Court One, presided over by Justice Gifty Adjei Addo, held that failure to admit the two students, because of their dreadlocks, which is a manifestation of their religious right is a violation of their human rights, right to education and dignity.

    The reliefs that were sought by the applicant in this case include;

    a.A declaration that requiring Oheneba Kwaku Nkrabea a child and adherent of the Rastafari religion and creed, to either cut his hair or forfeit admission into Achimota School, is a violation of his right against any form of discrimination, and contrary to article 17 of the 1992 Constitution and section 3 of the Children’s Act, 1998.

    b.A declaration that requiring Oheneba Kwaku Nkrabea, a child and adherent of the Rastafari religion and creed, to either cut his hair or forfeit admission into Achimota School is a violation of his right to freedom of religion, freedom of conscience and belief and contrary to articles 21(1) (b), 21(1) (C) and 26(1) of the 1992 Constitution.

     The judge however refused the Applicant’s relief e. to the effect that his right to be heard was denied; because the applicant’s counsel was unable to lead evidence in that regard.

    The judge ordered no costs in favor of the applicant, citing the relationship that shall exist between the applicant and his school, and the school’s managerial role on the applicant, as a student of the school.

    Oheneba Kwaku Nkrabea has already reported to the school. Although there is a legal battle still ongoing, Oheneba’s mother, Manaa Myers, told the press that they were welcomed to loud cheers by students and a warm reception by officials of the School.