The Human Rights Court 1 Division of the High Court has adjourned to April 30, the case involving one of the Rastafarian boys, Oheneba Nkrabea, who was denied admission to Achimota School over his dreadlocks.
At a hearing on Thursday, April 22, 2021, it emerged that Achimota School had still not filed a response to the suit, despite being directed by the court to do so.
The Attorney General has, however, filed its response and another one on behalf of the Ghana Education Service (GES).
The Attorney General, however, argued that Achimota School and the Ministry of Education have wrongly been sued.
The court thus directed the school to file its response and written submissions, if any, by the 30th of April 2021.
The same directive applies to all other parties named in the suit.
Meanwhile lawyer for Oheneba Nkrabea, Wayoe Ghanamannti says the move by the AG is meant to delay the case.
“We are not very much surprised for the Attorney General to say that Achimota School has been wrongly sued. We disagree because we don’t see the reason why that assertion must be made. The Education Ministry is a sector and oversight Ministry”, he said.
Injunction thrown out
Last week, the court dismissed an application for a mandatory injunction aimed at forcing the Achimota School to admit Oheneba Nkrabea, pending the final determination of the substantive case on him being denied admission for having dreadlocks.
In the ex-parte motion sighted by Citi News, Oheneba Nkrabea, through his father, argued that with academic work already in session, he stands to be disadvantaged if he continues to stay home waiting for the final decision of the court on the substantive case.
He prayed the court to force Achimota School to allow him to attend classes while the case lingers.
“This application is brought ex-parte because of the particular urgency of this case. Fresh students of Achimota School have reported to school and commenced academic work while [the] Applicant is still being denied enrolment despite the directive by 2nd Respondent [Ghana Education Service]. It has therefore become necessary for the Court to intervene in order that Applicant’s rights are protected and enforced. The longer Applicant stays at home, the longer he will continue to be denied an education. If this application is heard in the ordinary, Applicant will have to abide by all the rules relating to service of processes and remain at home while his colleagues are gaining an education,” excerpts of the motion said.
The court, presided over by Her Ladyship Gifty Adjei Addo during the hearing of the motion on Monday, April 12, 2021, said granting such an application would be prejudicial to the substantive matter.
In her reasoned opinion, expediting the trial will be in the interest of the student as the mandatory injunction would have allowed him to be in school for only 10 days.
She further granted an order for the first respondent, the Achimota School, to file its response 7 days after being served instead of the statutory 21 days.
This means that Oheneba Nkrabea will not be admitted temporarily by the Achimota school while the case lingers.
