The Human Rights Court 1 Division of the High Court has dismissed an application for a mandatory injunction aimed at forcing the Achimota School to admit one of the rejected Rastafarian students.
The suit filed asked that the student identified as Oheneba Nkrabea be admitted pending the final determination of the substantive case on him being denied admission for having dreadlocks.
In the ex-parte motion last week, Oheneba Kwaku Nkrabea, through his father, argued that with academic work already in session, he stands to be disadvantaged if he continues to stay home waiting for the final decision of the court on the substantive case.
He prayed the court to force Achimota School to allow him to attend classes while the case lingers.
“This application is brought ex-parte because of the particular urgency of this case. Fresh students of Achimota School have reported to the school and commenced academic work while [the] Applicant is still being denied enrolment despite the directive by 2nd Respondent [Ghana Education Service]. It has therefore become necessary for the Court to intervene so that Applicant’s rights are protected and enforced. The longer Applicant stays at home, the longer he will continue to be denied an education. If this application is heard in the ordinary, Applicant will have to abide by all the rules relating to service of processes and continue to remain at home while his colleagues are gaining an education,” excerpts of the motion said.
The court, presided over by Her Ladyship Gifty Adjei Addo during the hearing of the motion on Monday, April 12, 2021, said granting such an application 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 further granted an order for the first respondent, the Achimota School, to file its response 7 days after being served instead of the statutory 21 days.
This means that Oheneba Nkrabea will not be admitted temporarily by the Achimota school while the case lingers.
