Court ruling on Achimota Rastafarians case perfect application of the constitution – Martin Kpebu

• Martin Kpebu believes the ruling by the Accra High Court is a step in the right direction

• He says the constitution guarantees the right of the two students

• He argues that the decision by Achimota was discriminatory

Martin Kpebu, the Executive Director of the Human Rights and Governance Centre believes that the case between two Rastafarian students and Achimota School was too obvious to be decided by a court.

Martin Kpebu observed that the constitution takes a firm a stand against the discrimination of people on religious grounds hence his position that the case was ‘too plain’ for the court to decide.

He noted that the issue was more of respect of the religious rights of the students and the application of the school’s regulation which are at any point subservient to constitution.

Martin Kpebu stated in a Citi TV interview that the constitution guarantees the religious rights of all persons and frowns on discrimination.

“The Constitution is clear in Article 28 and 21 that you don’t use somebody’s religion to discriminate against the person. Article 21 is clear that there is freedom of religion.”

“If someone comes [with the dreadlocks] for religious purposes but it is not what I like personally, that is what we have subscribed to; that means our constitution gives that freedom even though sometimes we have personal opinions.

“Let’s allow the constitution to lead,” he advised.

He added that “for the avoidance of doubt, Article 28 makes it clearer that don’t deprive a child of education, medical treatment or any social or economic benefit on grounds of the religion of the child.”

Martin Kpebu praised judge Gifty Agyei Addo for applying the law and respecting the rights of the two students.

He said “it is good that the judge has upheld the law.”

He also touched on issue of uniformity in the schools, stating that “law for good reasons has made a religious exception.”

The Accra High Court on Monday ordered Achimota School to admit Tyron Marhguy and Oheneba Nkrabea.

The judge held that the school had no grounds to bar the students from enjoying senior high school education there and ordered the school to respect the rights of the students.