Supreme Court Strikes Down Wesley Girls’ Ban on Hijab, Ramadan Fasting

Ghana’s Supreme Court has declared unconstitutional policies at Wesley Girls’ High School that restricted Muslim students from practising their faith, in a landmark judgment reinforcing religious freedom in public-funded schools.

Sitting under its original jurisdiction, the apex court ruled that compelling Muslim students to attend Methodist worship and prohibiting them from wearing the hijab, fasting during Ramadan, and performing Islamic prayers contravenes the 1992 Constitution.

The case was initiated by Shafic Osman against the school’s Board of Governors, the Ghana Education Service (GES), and the Attorney-General.

Constitution Takes Precedence

Reading the court’s opinion, Justice Gabriel Pwamang held that the Constitution guarantees freedom of thought, conscience and religion, as well as protection from discrimination based on religious belief.

The court relied on Articles 12(2), 17(2), 21(1)(b)-(c), and 28(4) of the Constitution, which safeguard fundamental human rights and specifically protect children from being deprived of education because of their faith.

“The autonomy of mission schools cannot override constitutional supremacy,” the court stated.

The justices emphasised that no student should be forced to choose between practising their religion and accessing education.

Application of the “Marghuy Test”

In reaching its decision, the Supreme Court applied principles from an earlier ruling involving Achimota School, widely known as the “Marghuy Test.”

Under that precedent, the court examines whether:

• A school policy interferes with genuine religious expression;
• It deprives a student of education on religious grounds; and
• The restriction is justified by a compelling public interest.

The panel found that Wesley Girls’ policies failed this test, ruling that the defendants did not demonstrate that the restrictions were necessary or proportionate.

International Standards Cited

The court referenced international human rights instruments, including the African Charter on Human and Peoples’ Rights and the Universal Declaration of Human Rights, both of which protect freedom of religion.

The judgment also cited comparative decisions from courts in Nigeria, Kenya and India that have upheld students’ rights to manifest their religious beliefs in public educational institutions.

Orders and National Implications

The Supreme Court declared the disputed policies null and void and issued a mandatory injunction directing Wesley Girls’ SHS to allow Muslim students to:

• Wear the hijab;
• Fast during Ramadan; and
• Perform Islamic prayers,

provided these practices remain consistent with general school discipline.

In addition, the court ordered the Ghana Education Service to develop national guidelines within six months to ensure reasonable accommodation of religious practices in all public-funded schools.

The ruling is expected to have significant implications for mission schools across Ghana that receive state support while maintaining denominational traditions. Legal analysts say the decision strengthens constitutional supremacy and sets a clear precedent on religious freedom within Ghana’s educational system.