Audio By Carbonatix
The Progressive People's Party has expressed disappointment with the decision by the Supreme Court to throw out an application that sought to force the hand of government to implement the Free Compulsory Universal Basic Education policy.
The party said it is waiting patiently to read the reasoning behind the decision by the judges in order to know their next line of action.
The party sought seven declarations on the implementation of the FCUBE policy some of which included;
- A declaration that on the true and proper interpretation of articles 25(1) (a) and 38 (2) of the 1992 Constitution, Government of Ghana had only twelve years commencing from January 7, 1993 to January 6, 2005 to have delivered to the Ghanaian Children of School going age free, compulsory and universal basic education and that the Government has failed in discharging the said constitutional duty imposed on her by the people of Ghana.
- A declaration that on the true and proper interpretation of articles 14 (1) (e), 25(1) (a) and 38 (2) of the 1992 Constitution, the Government of Ghana has a constitutional duty to compel children of school going age within the Republic who refuse and or fail so to do to be at school without fail and that Ghana Government failure to so act thereto constitutes an omission that is inconsistent with the Constitution.
- A declaration that section 2 of Education Act, 2008,(Act 778) as amended, to the extent that it fails to provide for compulsion on the children of school going age who refuse and or fail to attend basic education instructions, to so attend, and also to provide for the law and procedure within which to exercise that compulsion, is an omission, that is inconsistent with and in contravention to articles 14 (1) (e), 25(1)(a) and 38 (2) of the 1992 Constitution and that consequently, to the extent of such inconsistency, the said section 2 of Education Act, 2008 (Act 778) is void and of no effect.
- A declaration that section 2(6) of Education Act, 2008, (Act 778) as amended, to the extent that it derogates from 25(1) (a) and 38 (2) of the 1992 Constitution, is inconsistent and in contravention of the Constitution and that consequently, to the extent of such inconsistency, the said section 2(6) of Education Act, 2008 (Act 778) as amended is void and of no effect.
- An order directed at Government of Ghana to take steps forthwith to compel children of school going age within the Republic who refuse and or fail to attend a course of instructions at the basic school, to attend basic school instructions, including legislating to lay bare the laws and procedure thereto within which such compulsion is to be exercised.
Per the 1992 Constitution, the government had up to ten years to implement fully the FCUBE programme. But it has been over two decades now and the policy is not being implemented as stipulated in the constitution.
Even though there are some pupils enjoying free education, it is not every school pupil enjoying the policy. It is also not compulsory as spelt out in the constitution.
The PPP sued government to have the policy implemented but the judges threw out the case and gave a July 28, 2015 date to give the reasons for the ruling.
In a statement signed by the party's General Secretary, Kofi Asamoah-Siaw said they are still committed "to pursue the compulsory aspect of our education to its logical conclusion."
"The country will not have the full benefits from our abundant natural resources if we do not educate our children to meet the challenges of the rapidly changing world," the statement added.
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