Court throws out 2nd Rasta student's 'force Achimota to admit me' application

BY CLASS FM - Apr 13, 2021 at 6:10pm 100

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The Human Rights Court 1 Division of the High Court has dismissed the interlocutory injunction application filed by a Rastafarian student, Tyrone Marhguy, against Achimota Senior High School.

Dreadlocked Tyrone Marhguy wanted the school to temporarily grant him admission while a substantive case he has filed against the school for rejecting him on grounds of his hairdo, is determined by the court.

The presiding judge, Justice Gifty Addo, ruled on Tuesday, 13 April 2021 that the entire application touches on the substance of the substantive suit.

She, therefore, noted that it would be pre-emptive to grant the application before the substantive case is determined.

Justice Gifty Addo, however, stressed the need to quicken the trial process so that the applicant’s education is not affected.

The case has been adjourned to 23 April 2021 for hearing to commence.

The same court earlier dismissed an application to force Achimota Senior High School to admit another Rastafarian student, Oheneba Nkrabea, temporarily, while waiting for the final determination of the substantive case in which he is fighting the school for not admitting him because he wears dreadlocks.

In his case, Oheneba Kwaku Nkrabea, through his father, argued that he is disadvantaged, as he remains at home waiting for the final decision of the court on the substantive case while his colleagues are in school.

But the court, presided over by Her Ladyship Gifty Adjei Addo, on Monday, 12 April 2021, said forcing the school to temporarily admit the student would be prejudicial to the substantive matter.

In her reasoned opinion, expediting the trial will be in the interest of the student, as the mandatory injunction would have allowed him to be in school for only 10 days.

She, however, granted an order for the first respondent, Achimota School, to file its response seven days after being served instead of the statutory 21 days.

Oheneba Kwaku Nkrabea also dragged Achimota School, the Board of Governors of Achimota School, the Ghana Education Service, Ministry of Education and the Attorney General to court, praying the Human Rights Division of the High Court to compel Achimota School to admit him for the purposes of his education.

He was denied admission for having dreadlocks.