The Supreme Court of Ghana must make a pronouncement on the issue between the Rasta students and Achimota School in order to settle all doubts on this matter, a former Deputy Attorney General Joseph Dindiok Kpemka, has said.
He told Alfred Casey on the Sunrise show on 3FM Wednesday June 2 which was monitored by Ghana News Page that the pronouncement of the apex court will be binding over all other lower courts relative to this matter.
He explained that as it stands, even though other persons who may decide to sue in a similar manner as the Rasta students did against the Achimota School, will cite this development to support their case, the other High Courts will not deliver judgement based on this particular order.
An Accra High Court on Monday June 31 ordered the Achimota School to admit the tow Rasta Students who were denied admission until they cut their hair.
commenting on this development, Mr Dindiok Kpemka who is also a former lawmaker for Timpani said “The judgment even though I haven’t read it can lead to absurd situation.
“Because others will come up to also exercise and exert their rights and you will have a very difficult situation in saying that those ones should not be allowed to practice whatever there are going through. That is not to say that the decision of the judge cannot be defended. I had told friends that looking at the trend in Africa, the Kenyan situation and South Africa. Those were star deciders even though they are of persuasive authority they are not of a binding nature because they are not within our jurisdiction.
“The point I have made about this Pandora box issue is that whether tomorrow somebody will not come up with another claim. If somebody comes up tomorrow with another case it will be the reference.
“If the court of appeal does not take a decision on this matter and the Supreme Court does not decide it and tomorrow another person sues in another High Court that High Court will not be binding by the decision of of the other High Court.
“It will only be of a persuasive authority but the man will decided whether or not to apply the principles there but if we have a superior court like the Court of Appeal or the Supreme Court making a definite pronouncement on the matter that will serve as a guide to lower courts or to all other superior courts below the supreme court.”