TEACHERS SERVICE COMMISSION V. WJ, LN, ASTORIKOH HENRY AMKOAH, J PRIMARY SCHOOL, ATTORNEY GENERAL & CENTER FOR REPRODUCTIVE RIGHTS

JUDGMENT OF THE COURT

1. This appeal raises novel questions of law on whether vicarious liability can be attributed to the appellant, the Teachers Service Commission (TSC) who at the material time had employed Astorikoh Henry Amkoah, (3^rd respondent hereinafter referred to as “teacher”) for alleged acts of sexual abuse against the students hereinafter referred to as “WJ” and “LN”). It also raises constitutional matters of whether failures or lapses in regard to implementation of child safety policy that resulted in child abuse by a teacher who was charged with the responsibility of protecting the children can be visited upon TSC on account of failure of duty of care to promote the best interest of the child and whether TSC failed in its constitutional and statutory duty to protect WJ and LN as well as other school children from sexual abuse (a violation of rights) by a teacher employed by TSC.

2. A brief outline of the matter is that a claim was filed against TSC by WJ and LN both minor…