FCUBE case: PPP “disappointed” in ruling

The Progressive People’s Party (PPP) has said it is disappointed in the Supreme Court ruling dismissing its suit against government to implement the Free Compulsory Universal Basic Education (FCUBE) policy.

The seven-member panel led by Justice Julius Ansah deferred reasons for their decision to July 28, 2015.

The Party was seeking an order from the Supreme Court to compel the Mahama-led administration to implement the programme which is enshrined in the country’s constitution.

Article 25(1)(a) of the 1992 constitution says: “All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realization of that right-basic education shall be free, compulsory and available to all”.

The PPP said it will wait for the reasons to inform its next line of action. Below is the full response:

The Supreme Court of Ghana today dismissed an application by our party seeking a number of declarations on the interpretation and enforcement of the provisions relating to the Free Compulsory Universal Basic Education. The PPP sought the following reliefs: 1. A declaration that on the true and proper interpretation of articles 25(1) (a) and 38 (2) of the 1992 Constitution, Government of Ghana had only twelve years commencing from January 7, 1993 to January 6, 2005 to have delivered to the Ghanaian Children of School going age free, compulsory and universal basic education and that the Government has failed in discharging the said constitutional duty imposed on her by the people of Ghana.

2. A declaration that on the true and proper interpretation of articles 14 (1) (e), 25(1) (a) and 38 (2) of the 1992 Constitution, the Government of Ghana has a constitutional duty to compel children of school going age within the Republic who refuse and or fail so to do to be at school without fail and that Ghana Government failure to so act thereto constitutes an omission that is inconsistent with the Constitution.

3. A declaration that section 2 of Education Act, 2008,(Act 778) as amended, to the extent that it fails to provide for compulsion on the children of school going age who refuse and or fail to attend basic education instructions, to so attend, and also to provide for the law and procedure within which to exercise that compulsion, is an omission, that is inconsistent with and in contravention to articles 14 (1) (e), 25(1)(a) and 38 (2) of the 1992 Constitution and that consequently, to the extent of such inconsistency, the said section 2 of Education Act, 2008 (Act 778) is void and of no effect.

4. A declaration that section 2(6) of Education Act, 2008, (Act 778) as amended, to the extent that it derogates from 25(1) (a) and 38 (2) of the 1992 Constitution, is inconsistent and in contravention of the Constitution and that consequently, to the extent of such inconsistency, the said section 2(6) of Education Act, 2008 (Act 778) as amended is void and of no effect.

5. An order directed at Government of Ghana to take steps forthwith to compel children of school going age within the Republic who refuse and or fail to attend a course of instructions at the basic school, to attend basic school instructions, including legislating to lay bare the laws and procedure thereto within which such compulsion is to be exercised.

6. An order directed at Government of Ghana to take steps forthwith leading to the amendment of section 2(6) of the Education Act making same imperative and mandatory instead of permissive and empowering.

7. Any other order the Court so desires to make and or directions for giving effect or enabling effect to be given to the declarations so made.

The court dismissed the application and deferred the reasons to 28th July, 2015. The PPP is disappointed with the outcome of this particular application. We will await patiently the reasoning behind today’s ruling to guide our next line of action. We are proud of our actions since it was done in the pursuit of the national interest and the future our dear country.

The PPP believes that the compulsory aspect of our basic education should be enforced by all governments since education holds the key to our nation’s development. The country will not have the full benefits from our abundant natural resources if we do not educate our children to meet the challenges of the rapidly changing world.

The party is determined to pursue the compulsory aspect of our education to its logical conclusion. Our education policy for the consideration of the people of Ghana is Free Compulsory Universal Education from Kindergarten to Senior High School. We believe that it is the responsibility of the government of Ghana to take care of the future economic fortunes of its people and it is only “education for all” that will make that possible.

It is only when we create a fairer society with opportunity for everyone through education that we can give hope to the current and unborn generation. We remain wide Awake to our collective responsibilities.

Signed Kofi Asamoah-Siaw National Secretary