Legal & policy basis for the right of Muslim students to pray in government-assisted mission schools in Ghana

Legal and policy documents that seek to educate and enlighten us about the rights of every Ghanaian, especially in our schools.

This article intends to provide exact clauses, relevant sections, and official positions that directly protect the right of a Muslim girl to pray in any government-assisted mission school, including Wesley Girls’ High School.

I realised that many of our countrymen and women spoke out of passion rather than a sober reflection on the issue at hand.

Our national peace and religious cohesion, fashioned by our founding fathers, need to be protected. Tolerance, respect for one another, and a realisation that we are first and foremost Ghanaians whose rights and privileges are indivisible, protected by the same Constitution. Respectfully, I have every belief that the following points will exercise our minds a great deal.

1. 1992 Constitution of Ghana

A. Fundamental Freedoms – Article 21(1)(c)

“All persons shall have the right to freedom to practice any religion and to manifest such practice.”

Why it protects prayer:
Prayer is a manifestation of religion.
A public institution (including government-assisted mission schools) cannot lawfully restrict a student from manifesting her religion unless the restriction is:

• reasonable,
• necessary for public safety or health,
• and not discriminatory.

A ban on personal Muslim prayers does not meet any constitutional exemption, so it violates Article 21.
B. Educational Rights – Article 25

“All persons shall have the right to equal educational opportunities…”
A Muslim child’s education cannot be conditional on abandoning or suspending her religious practice.

C. Equality & Non-Discrimination – Article 17

“All persons shall be equal before the law… and shall not be discriminated against on grounds of religion.”

Blocking Muslim prayers in a state-assisted school is direct discrimination.

2. Education Act, 2008 (Act 778)

Section 5 – Inclusive Education

Requires schools to provide an environment where all students can participate fully without discrimination.

Section 7 – National Inspectorate Board (now NIB)

This board includes representation from various faith groups, showing that:
Government-assisted mission schools are subject to national oversight and must respect national policies, not only their denominational traditions.

Section 9 – Functions of GES

GES must ensure:

• rights of students,
• equity,
• safe and suitable learning environment.

A school policy banning a child’s prayer violates GES’s mandate.

3. Ghana Education Service (GES)—Official National Policy on Religious Tolerance

GES has repeatedly issued public statements (2015, 2021, 2024) affirming that:

1. Government-assisted schools MUST allow students to practice their religion.
   2. Mission heritage cannot override constitutional rights.
   3. Schools must provide reasonable accommodation to enable prayer, fasting, hijab, etc.

Examples (widely reported and never withdrawn):

GES 2021 Directive (after the Wesley Girls incident):

“All public schools, including mission schools operating under the GES, must allow students of all faiths to practice their religion.”

Why it matters:
Wesley Girls SHS is a public school, funded by the Government of Ghana, and therefore must follow GES rules.

4. MoU on Religious Tolerance (Validated 15 April 2024)

Developed by:

• National Peace Council
• Conference of Managers of Education Units (COMEU)
• Christian & Muslim leadership
• Ghana Education Service (as observer/support)

What the MoU says (key provisions):
1. Students must be allowed to pray in accordance with their faith.
2. Schools must provide reasonable accommodation for prayer times.
3. No student shall be compelled to participate in another religion’s worship.
4. Mission identity cannot override constitutional freedoms.
5. Every public-funded school must respect religious diversity.

This MoU has become the national reference framework for handling religious matters in mission schools.

5. GES Code of Conduct (Teachers & Administrators)

Requires teachers/schools to:

• Respect students’ rights
• Avoid discrimination
• Create a safe environment for all cultures and religions
• Avoid actions that constitute religious coercion or persecution

Prohibiting prayer violates the Code.

6. International Human-Rights Treaties Ratified by Ghana

(These guide how Ghanaian courts interpret Articles 17 & 21.)

ICCPR – Article 18

Freedom of thought, conscience, and religion, including the freedom to manifest religion in worship, observance, practice, and teaching.

African Charter on Human & Peoples’ Rights – Article 8

Freedom of conscience, the profession and free practice of religion shall be guaranteed.

Prayer is explicitly recognised as a protected manifestation of religion.

Ghanaian law requires domestic interpretation to be consistent with these treaties.

7. Key Legal Logic (Short, Court-Ready)

1. Prayer = Manifestation of religion → Protected under Article 21(1)(c).

2. Wesley Girls SHS is government-assisted. → Must follow the Constitution & GES rules.

3. Mission identity does not override constitutional rights.

4. Denying prayer is:

Religious discrimination (Article 17)

Limiting religious freedom without constitutional justification

A violation of Act 778 (Inclusive Education)

Against GES national policy

Contrary to the 2024 MoU endorsed by national educational stakeholders.

Therefore:
A Muslim girl in any government-assisted mission school has the full legal right to pray. Peace, tranquility in a nation such as ours, prosperity, progress, and Stability is not salable commodities. Let us respect every Ghanaian irrespective of religion, ethnicity, colour,etc. God bless you for agreeing to keep Ghana peaceful, united, and prosperous.