Catholic Bishops file 'amicus' in Wesley Girls religious rights case

The Ghana Catholic Bishops’ Conference has stepped into the ongoing Supreme Court case over religious rights at Wesley Girls’ Senior High School by filing an amicus curiae brief to assist the court in determining the issues before it.

The brief, supported by an affidavit sworn on behalf of the Conference by the Bishop of Koforidua and Episcopal Chairman for Education, Most Rev. Fr. Joseph Kwaku Afrifah-Agyekum, places before the court a Memorandum of Understanding on religious tolerance in schools that was validated on April 15, 2024.

According to the affidavit, the bishops are relying on the Memorandum of Understanding to Guide Religious Tolerance in Schools, an agreement adopted by Government-Assisted and Private Mission Schools. The document was developed by the Conference of Managers of Education with facilitation from the National Peace Council.

The Catholic Bishops’ intervention is expected to provide the court with an additional institutional perspective on how religious practices may be accommodated within mission schools while maintaining school order and identity.

At the heart of the case is a suit filed by private citizen Shafic Osman against the Office of the Attorney General, the Ghana Education Service, and the Board of Governors of Wesley Girls’ Senior High School. The action, filed under the Supreme Court’s original jurisdiction on December 24, 2024, challenges restrictions that allegedly prevent Muslim students from wearing the hijab, fasting during Ramadan, and observing other Islamic rites.

The plaintiff argues that those restrictions violate constitutional protections on freedom of religion and culture. He is seeking several declarations from the court, including a finding that any policy compelling students in a public institution to conform to a compulsory school religion is inconsistent with Articles 21(1)(b), 21(1)(c), and 26 of the 1992 Constitution. He also contends that the measures are inconsistent with internationally recognised human rights standards under Article 33(5).

Beyond the declaratory reliefs, the plaintiff is asking the court to direct the Ghana Education Service to formulate constitutional guidelines to regulate religious practices in public schools.

The Memorandum now placed before the court outlines principles intended to guide religious tolerance in mission schools. It affirms that students should be free to practise their faiths, but also emphasises that they must understand and accept the values of the schools they choose to attend. On fasting, the document indicates that students may observe their religious obligations, provided they still comply with school rules. On dress code, it stresses respect for prescribed uniforms.

The MOU was signed by leaders of major faith-based bodies in the country, including representatives of the Catholic Church, the Methodist Church, and the Office of the National Chief Imam.