TYRONE MARGHUY
V.
ACHIMOTA SCHOOL & ANOR.

(2021) JELR 107192 (HC)

High Court 31 May 2021 Ghana
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- The High Court held that Achimota School’s refusal to admit a student based on the manifestation of his Rastafarian religious beliefs (i.e., keeping dreadlocks) constituted a violation of his constitutional rights to education, freedom of

Case Details

Suit Number:SUIT NO. HR/0055/2021
Judges:JUSTICE GIFTY AGYEI ADDO. HIGH COURT JUDGE.
Counsel:JAMES GAWUGA NKRUMAH (WITH HIM FRANCIS ONTOYIN) FOR THE APPLICANT. KWESI FYNN (WITH HIM NANA AMA GYAWAH KUTIN) FOR THE tsT RESPONDENT. STELLA BADU (CS.A.) (WITH HER YVONNE BANNERMAN S.S.A.) FOR THE 2ND RESPONDENT
Location:Sogakope

JUDGMENT

ADDO, J.

INTRODUCTION

This novel suit invites the Court to ascertain the contours of two pertinent rights of the individual: the right to education and the freedom to profess one's religion. Strikingly, the Applicant in this suit is a minor. He sues through his next friend his father, to fight a second-cycle institution as well as the state, for the enforcement of his fundamental human rights. It is very intriguing that notwithstanding the proclamation and acceptance of fundamental human rights as inalienable by the comity of nations, our courts are still fraught with disputes between individuals and the state as regards the extent of the enjoyment of a particular right.

Indeed, human rights anywhere do not exist as absolute rights. These individual rights are generally subject to the public good or public interest. In this case, this Court will consider whether the rights alleged by the Applicant before the Court to have been breached have indeed been violated. The Court shall…

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