The Human Rights Division of the Accra High Court has been forced to adjourn the case involving one of the Rastafarian boys, Oheneba Nkrabea, who was denied admission to Achimota School over his dreadlocks to April 30.
This is due to Achimota School’s refusal to file a response despite the court’s order for the school to do so.
The Court presided over by Justice Gifty Agyei Addo, therefore, granted that the Achimota School and all other parties named in the suit are to file their response and written submissions, by next week Friday.
However, at the hearing on Thursday, the Attorney General and the Education Ministry who had filed their response to the case argued that the renowned school and the Education Ministry have been wrongfully sued.
Meanwhile lawyer for plaintiff, Wayoe Ghanamannti accused the AG of deliberately delaying 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.
On Monday, April 12, the Court dismissed an application for interlocutory injunction filed by Oheneba Nkrabea.
According to the judge, the application for an injunction if granted could prejudice the entire matter before her.
She also noted that the applicant failed to appreciate the difference between an interim injunction which will last for 10 days and interlocutory injunction which will last until the final determination of the substantive case.
As a result, she said the applicant cannot apply for both injunctions at the same time.
She continued that if she was to grant an interlocutory injunction, it will constitute a travesty of justice because the respondents in the matter had not been put on notice and heard.
Oheneba Kwaku Nkrabea earlier this month filed a suit against the Board of Governors of Achimota School, the Ghana Education Service, Ministry of Education, and the Attorney General.
He prayed the court to among other things 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 into 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)”.
He is also asking the court to stop the school from ever discriminating against him on the basis of his “religion and or creed”.