https://www.myjoyonline.com/rastafarians-vs-achimota-school-merit-of-high-court-ruling-must-be-tested-at-higher-court-attorney-general/-------https://www.myjoyonline.com/rastafarians-vs-achimota-school-merit-of-high-court-ruling-must-be-tested-at-higher-court-attorney-general/

The Attorney-General and Minister for Justice, Godfred Yeboah Dame has stated that the implications of the High Court's ruling ordering Achimota School to admit two Rastafarian students has far-reaching consequences and must be tested in the superior court.

Speaking to Evans Mensah on JoyNews’ PM Express Wednesday, Mr. Dame stated that because the case borders on human rights issues, the course of the case should not end at the High Court as the ruling is not binding even on the same High Court with a different judge or a court of higher jurisdiction.

"The ruling has far-reaching implications. There are many people who are opposed to the ruling. Many concern citizens and citizens of the country and all. For me, I think that if a decision of that nature has to be applied then clearly it must be subjected to the test of the course in the higher echelons of the judiciary architecture."

"I say so because the High Court constitutes the first step in the judiciary architecture. Above the High Courts are the Court of Appeal and the Supreme Court. So I think that it is not the end of the matter. It should not be the soundness or otherwise, the decision has to be tested. We need to have more definitive pronouncement on the matter by a higher court in the superior court of adjudicature," he stated.

His comment comes after the Governing Board of Achimota School decided to appeal the ruling by the Human Rights Division of the Accra High Court.

Following the ruling, the Board stated their disagreement with the ruling, adding that they had asked their lawyers to appeal the decision. The School subsequently filed a stay of execution of the ruling pending the appeal of the case at the Court of Appeal.

But the Attorney General indicated that in view of the president's drive for education at the senior high level, it would be prudent for Achimota School to withdraw the stay of execution application and allow the children to enrol while they pursue the matter at the Court of Appeal. However, should the case go in favour of the School, the Rastafarian students will have to comply with the court's order.

In addition, he stated that the ruling on the matter in a superior court will help clarify the rules for similar matters in the country's second cycle institutions, as a non-definitive pronouncement on the matter may open the floodgates for similar claims in the future.

"I think that there is the need to have a clear definitive pronouncement on the matter. The extent to which certain practices claimed to be religious or claimed to be cultural ought to be recognised and accepted in schools. So it, not just the Rastafarians been permitted to wear dreadlocks or not."

"What about traditionalists who would also want to insist that his culture enjoins him to walk barefooted? What about a traditionalist who also insists in accordance to the tenant of his customs, he is supposed to wrap a cloth around his waist even if the person is a male and for that matter, the school cannot restrict the manner in which he dresses. It could even have implications for whether school uniforms ought to be forced," the Minister for Justice argued.

Meanwhile, the students are expected to enrol this week at Achimota School following the withdrawal of the Board of Governor's stay of execution.

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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.



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