A Supreme Court nominee, Justice Hafisata Amaleboba, has argued that schools can require students to participate in religious activities contrary to their faith without breaching constitutional protections, as long as students were aware of such requirements upon enrollment. Justice Amaleboba, a Court of Appeal judge, made the assertion during her vetting by Parliament’s Appointments Committee.
She maintained that students who voluntarily choose denominational schools cannot claim religious discrimination when required to participate in worship practices conflicting with their beliefs. According to Justice Amaleboba, prior knowledge of school requirements negates any constitutional violation, as students are free to practice their own religion outside of school requirements.
The nominee’s argument centers on informed consent, suggesting that students who choose to attend schools with specific religious requirements do so voluntarily, and therefore, cannot claim compulsion. However, she acknowledged that providing alternative arrangements for students of different faiths would be “desirable” but stopped short of declaring it a constitutional requirement.
Justice Amaleboba’s interpretation has raised questions about the balance between institutional autonomy and individual constitutional rights, particularly regarding whether prior consent can validly waive fundamental freedoms. Her views, if adopted by the Supreme Court, could significantly impact Ghana’s educational landscape.
Sankofaonline
