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The Catholic Church through their lawyers, Messrs Sory@Law on the 27th day of February, 2026 have filed an Amicus Brief against the reliefs of the Plaintiff in the case of Shafic Osman vrs Board of Governors of Wesley Girls' High School & Ors. Suit No. J1/6/2025.
In their 27-paged brief containing arguments against the attempt by the Plaintiff-Lawyer to cause the Supreme Court to make declarations and orders to Wesley Girls High School to allow Muslim Students practice their faith on the campus of the school amongst other, the Catholic Church argues attractively that Fundamental Human Rights of expression of faith and others identified by the writ of the Plaintiff are not absolute.
Capacity of Plaintiff
The brief file by the Catholic Church [copy of which is available for read/download] raises a blockade to the writ of the Plaintiff by contending that the forum for the enforcement of the rights of Muslim students who find their rights breached by Wesley Girls' is the High Court and not the Supreme Court. The brief argues that the Plaintiff in an attempt to evade the requirement of proof of capacity and locus standi wages his case in the Supreme Court which is not the forum for the enforcement of fundamental human rights.
In that vein, the Amicus Curiea-Church argues against the position of the Supreme Court in the case of FEDERATION OF YOUTH ASSOCIATION OF GHANA v. PUBLIC UNIVERSITIES OF GHANA & ORS [TLP-SC-2010-19] and ABEL EDUSEI v. THE ATTORNEY-GENERAL & ANOR [TLP-SC-1998-02] suggesting same as wrongly decided on the enforcement of fundamental human rights in the Supreme Court
The brief argues that faith based schools are not the property of the State. The brief therefore argues that partnership with the State cannot amount to the ownership of faith based Schools by the State.
In an admirably systematic fashion allowing for clarity of thought, the brief submits the following arguments to the Supreme Court that rights expressing religion, conscience, association amongst others are not absolute and thus, a person may be deemed to have waived such rights upon voluntarily attending a faith based school.
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Right not to associate with Faith based instutitions
In reliance on the seminal case of MENSIMA and Others v. ATTORNEY-GENERAL and Others [TLP-SC-1997-04] the Catholic Secretariat argues that the Methodist Church whom Wesley Girls belongs to has rights to associate or not to associate.
According the Catholic Church, "The enjoyment of every and any human right is subject to the right of others. The courts will usually adopt a balancing approach to enforcement of rights. This will be discussed subsequently in detail. Suffice it to say that faith-based schools have objectives and standards based on which they establish and operate their schools. If the argument is pressed that other religions must have the right to practice their religion in faith-based schools then the religious faith on which the school is established, is eroded and a certain reverse violation of the right religious freedom is committed."
The brief further argued as follows; "Our submission is that any argument that a person is exempted from the foundational principles based on which a faith-based institution is established, then the religious freedom of that institution is blunted in favour of the person who waived their right to freedom of association and religion and decided to join an institution which in the exercioc of their [the institution] right to freedom of association and religion and founded a space in which they may freely enjoy their right."
READ/DOWNLOAD AMICUS BRIEF BELOW: