The Human Rights Division of the Accra High Court presided over by Justice Gifty Agyei Addo has fixed May 31, 2021, to determine the case filed by Rastafarian student Tyrone Marghuy against the Achimota School board and three others.
This was after the parties in the case have argued their case in Court in the substantive matter where the applicant is asking for the enforcement of his rights to education.
The other respondents in the case are the Ministry of Education, the Ghana Education Service, and the Attorney General.
The others case involving Oheneba Kweku Nkrabea, another of the Rastafarian students is yet to be called.
Meanwhile, in court today, the Attorney General Department challenged the capacity of Tyrone Marghuy.
When the case was called for the substantive hearing of the case, the AGs department raised a preliminary legal objection of the capacity of Marghuy to initiate this action.
Moving the application on capacity, Attorney General Godfred Yeboah Dame said the applicant has no capacity to institute this action.
The AG argued that the applicant has failed to submit the admission forms based on which he can be deemed a student of the Achimota School.
The AG argued further that, the filling of the school’s admission form, signing to it and further submission to the school is the basis of which one becomes a student of the school but the applicant has not done so.
According to the AG, it is consequent on the approval of the said forms a student has the title.
He said the signing and presentation of the admission form constitute the basis of any relationship between the applicant and the school.
Mr Dame argued that the applicant’s action is based on Human Rights enforcement and Article 33 (1) of the constitution, which means that, the court’s jurisdiction of the human rights activist is linked to a contravention or a prospective contravention of his rights.
Adding that, if the person has not put himself in the proper place in the school, he cannot question the violation of that right.
He said, the requirements checklist of all the students who have complied with the school’s rule is clear but the applicant’s name is not in.
The Attorney General also argued that the applicant raises issues about the constitutionality of their rights and the Supreme Court is the appropriate forum to go to and not the High Court.
He contended that the applicant cannot assert that the applicant is coming to court on the basis of apprehension of violation of a right.
The AG said, the applicant did not say his rights that have been violated but rather saying the rights that will likely be violated and that cannot be the case.
Counsel for the applicant, James Gauga Nkrumah said, the applicant has the capacity to initiate this action because the applicant has been given an admission offer form to the school.
It was his case that, there was an acceptance of the offer from his client and therefore the state cannot say he is not a student.
He said, there a breach of the applicant’s rights, and the applicant is properly before the court.
He said, the acceptance form from his client has been filled and signed but it was at the point of submission that, the issue in contention arises.
He argued that his client’s rights have been breached and his prospective violation has been breached.
He insisted that his client ought to be in school but has been home due to the action taken by the Achimota School and the client has the right to education.
The court presided over by Justice Gifty Agyei Addo is expected to rule on the matter on May 31.
Source: Starr FM