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FEDERATION OF YOUTH ASSOCIATION OF GHANA (FEDYAG) v. PUBLIC UNIVERSITIES OF GHANA & ORS, MINISTER OF EDUCATION, NATIONAL COUNSEL FOR TERTIARY EDUCATION, ATTORNEY GENERAL

February 3, 2010

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, J.S.C. (PRESIDING)
  • ADINYIRA (MRS), J.S.C.
  • ANIN YEBOAH, J.S.C.
  • GBADEGBE, J.S.C.
  • AKOTO-BAMFO (MRS), J.S.C

Areas of Law

  • Constitutional Law
  • Human rights Law
  • Civil Procedure

AI Generated Summary

This Ghana Supreme Court ruling addresses preliminary objections to a constitutional challenge brought by a registered youth federation (known by the acronym FEDYAG) against the Public Universities of Ghana, the Ministry of Education, the National Council for Tertiary Education, and the Attorney-General. FEDYAG alleged that the universities’ “full fee paying” policy—initially reserved for foreign students but now extended to Ghanaian students who can pay despite not meeting entry aggregates—violates constitutional guarantees of equality, non-discrimination, and educational accessibility. The Attorney-General objected that the matter was essentially a human rights enforcement claim for the High Court, and the universities questioned FEDYAG’s capacity. In a majority opinion authored by Adinyira, JSC, and joined by Anin Yeboah and Gbadegbe, the Court held the claim centrally requires constitutional interpretation under articles 2(1) and 130(1), overruled the preliminary objections, and recognized the plaintiff’s capacity. Atuguba, JSC (presiding) and Akoto-Bamfo, JSC dissented, viewing the claim as an enforcement action within the High Court’s remit.

RULING