TYRON IRAS MARHGUY (SUING BY THE NEXT FRIEND AND FATHER TEREO KWAME MARHGUY) V. BOARD OF GOVERNORS ACHIMOTA SENIOR HIGH SCHOOL & THE ATTORNEY-GENERAL

JUDGMENT

ADDO, J.

INTRODUCTION

This novel suit invites the Court to ascertain the contours of two pertinent rights of the individual: the right to education and the freedom to profess one's religion. Strikingly, the Applicant in this suit is a minor. He sues through his next friend his father, to fight a second-cycle institution as well as the state, for the enforcement of his fundamental human rights. It is very intriguing that notwithstanding the proclamation and acceptance of fundamental human rights as inalienable by the comity of nations, our courts are still fraught with disputes between individuals and the state as regards the extent of the enjoyment of a particular right.

Indeed, human rights anywhere do not exist as absolute rights. These individual rights are generally subject to the public good or public interest. In this case, this Court will consider whether the rights alleged by the Applicant before the Court to have been breached have indeed been violated. The Court shall…