Private legal practitioner, Ace Anan Ankomah, has provided a detailed legal and constitutional analysis of the proposed reforms to the Free Senior High School (FSHS) policy.
Speaking at the Achimota Speaks event on March 19, 2025, he examined the legal basis for the government’s ability to introduce a fee-paying option while ensuring compliance with the Constitution.
Ankomah highlighted that Ghana’s Article 25 of the 1992 Constitution mandates the progressive introduction of free education, which implies a gradual and phased implementation. However, the government faces financial constraints, making it difficult to fully fund Free SHS for all students.
“The Supreme Court case of FEDYAG v Public Universities of Ghana (2011) set a precedent that allows public educational institutions to introduce a fee-paying policy as long as it does not limit access for non-paying students. The ruling clarified that educational opportunities must be equal but subject to resource availability.”
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Mr. Ankomah argued that introducing a fee-paying model for students who qualify but are not admitted under FSHS would be constitutional. This is because:
- A fee-paying option existed even before 1992 for students who did not meet strict merit-based admission requirements.
- The state’s responsibility to provide education is tied to resource availability, as reaffirmed in the Progressive People’s Party v Attorney General (2015) case.
- The “Adinyira Test” from the FEDYAG case states that as long as resources remain insufficient to provide full free education, fee-paying must continue as an alternative means to sustain access to education.
Read Ace Anan Ankomah’s full statement below:
