Tyron Iras Marhguy
THE BROUHAHA that ensued between Achimota Senior High School and a family of Rastafarians over the admission of their ward, does not appear to die anytime soon.
This is because Child Rights International (CRI) has waded into the tussle, and is assisting Tyron Iras Marhguy, one of the Rastafarian students who was refused admission by Achimota, to assert his fundamental rights in court.
The applicant, who filed the action before an Accra High Court, through his father, Tereo Kwame Marhguy, is seeking the enforcement and declaration of their rights to education.
He also filed an interlocutory injunction seeking the court to compel Achimota School to admit the children pending the determination of the substantive case.
The application for interlocutory injunction would be heard by the court on April 13.
Background
The refusal of admission to Master Marhguy by Achimota School generated heated debate, with the Ghana Education Service, some civil society organisations, and NGOs offering divergent opinions on the matter.
The CRI said it was supporting the applicant to ensure that the fundamental rights and development of every child is respected.
CRI boss Bright Appiah said the organisation is supporting the family of the students to pursue the case to its logical conclusion.
The applicant joined the board of governors of Achimota Senior High School and the Attorney General, government’s legal advisor to the suit, as respondents.
Reliefs
The applicant is asking the court to declare that the failure and or refusal of the school to admit or enroll him on the basis of his Rastafarian religious inclination, beliefs and culture, characterised by his keeping of Rasta, was a violation of his fundamental human rights and freedoms guaranteed under the 1992 Constitution, particularly Articles 12(1); 23; 21(1) (b) (c); 26(1)); and 17(2) and (3).
He also wants the court to hold that the failure and or refusal of the school to admit or enroll the applicant on the basis of his Rastafarian religious inclination, beliefs and culture, characterised by his keeping of Rasta, was a violation of his right to education guaranteed under Articles 25(1)(b), and 28(4) of the 1992 Constitution.
Again, he prayed the court for a declaration that the order directed at the applicant by the representative of Achimota Senior High School to step aside during the registration process on the basis of his religious belief characterised by the keeping of Rasta was a violation of his right to dignity guaranteed under Articles 15(1) and 35(4),(5) of the 1992 Constitution.
Also, an order of perpetual injunction restraining the school from in any way, interfering in the applicant’s senior secondary school education on the basis of his religious belief and practice as a Rastafarian.
The applicant asked the court for an order directed at the respondents to jointly and severally compensate the applicant for the inconvenience, embarrassment, waste of time, and violation of his fundamental human rights and freedoms.
In the affidavit deposed to by his father,Tereo Kwame Marhguy, the applicant stated that he is a child of seventeen (17) years old who attended The Lord Shines International School and Omega School.
He said he registered with the West African Examination Council to sit for the June 2020 Basic Education Certificate Examination (BECE) and obtained aggregate (6) six and was placed at Achimota but the authorities there refused to offer him admission.