The Attorney General Department is challenging the capacity of Tyrone Marghuy, one of the Rastafarian students in resorting to the court to seek the enforcement and declaration of his right to education.
On Friday, when the case was called for the substantive hearing, the AGs department raised a preliminary legal objection of the capacity of Marghuy to initiate the legal action.
Moving the application on capacity, Attorney General Godfred Yeboah Dame said, the applicant has no capacity to institute this action.
The AG argued that, the applicant has failed to submit the admission forms based on which he can be deemed a student of the Achimota School.
The applicant is asking the court to declare 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 is 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).
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