The High Court’s Human Rights Court 1 Division has rejected an appeal for a mandatory injunction to compel the Achimota School to admit Rastafarian Oheneba Nkrabea, awaiting the outcome of the substantive case in which he was refused entry due to his dreadlocks.
Oheneba Kwaku Nkrabea, through his lawyer, argued in an ex-parte motion obtained by Citi News last week that with academic work already underway, he would be disadvantaged if he decides to remain at home awaiting the court’s final ruling on the substantive matter.
He requested that the court order Achimota School to enable him to attend classes when the case is pending.
“Because of the special importance of this situation, this appeal is brought ex parte. Against the directive of the 2nd Respondent [Ghana Education Service], new students at Achimota School have registered to class and begun academic work, while [the] Applicant continues to be refused enrolment. As a result, the Court has been compelled to act in order to secure and uphold Applicant’s interests. Applicant will continue to be refused an education for as long as he lives at home. If this appeal is heard in the ordinary, Applicant will be required to follow all laws governing operation of procedure and will be required to stay at home while his colleagues receive schooling, according to extracts from the motion.
During the hearing of the motion on Monday, April 12, 2021, the court, presided over by Her Ladyship Gifty Adjei Addo, stated that granting such an appeal would be prejudicial to the substantive issue.
According to her rationale, expediting the trial would be in the student’s best interests since the necessary order will only have required him to attend school for 10 days.
She also issued an order requiring the Achimota School, the first respondent, to file its response within 7 days of being served, rather than the statutory 21 days.
This ensures that whilst the case is ongoing, Oheneba Nkrabea will not be accepted to the Achimota college.
‘Substantive case’
Oheneba Kwaku Nkrabea sued Achimota School, the Board of Governors of Achimota School, the Ghana Education Service, the Ministry of Education, and the Attorney General, requesting that the High Court’s Human Rights Division order Achimota School to accept him for the purposes of his education.
He also wants the court to make it illegal for the school to discriminate against him based on his “religion and or creed.”
Oheneba Kwaku Nkrabea asked the court to make “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 to Achimota School, a public senior high school, is a violation of his rights to dignity…contrary to articles 15 and 28(3) of the Constitution, 1992 and section 13 of the Children’s Act 1998 (Act 560)”.
Oheneba Kwaku Nkrabea’s lawsuit follows that of Tyron Marhguy, another Rastafarian who was turned down for entry to the school.
Students denied admission
Achimota School refused two Rastafarians entry to the school three weeks ago, despite the fact that they had been placed there by the Ghana Education Service’s Computerized School Selection and Placement Service (CSSPS).
The school insisted that maintaining a low haircut is a prerequisite for entry for all students or prospective students.
As a result, it stated that the two Rastafarians would shave their dreadlocks in order to be admitted. The two students persisted, and as a result, they were refused entry.
Following that, the Ghana Education Service (GES) asked Achimota School to accept the boys, but it later reversed its decision.
Because of his dreadlocks, one of the Rastafarians who went to his second choice of education, Saint John’s Grammar School, was once again denied entry.
Tyron Marhguy filed a lawsuit against Achimota School in response to demands for disciplinary action to be taken against the school.
Read Also : Journalists Charged to Understand the Gender Agenda for Accurate Coverage
SOURCE: ATLFMONLINE
