A former Deputy Attorney General Joseph Dindiok Kpemka, has said if the Achimota school makes any attempt to prevent the two Rasta students who won their case against them, from accessing the school, they will be cited for contempt to of court.
He said although the school has served notice it will appeal the court order, the intention to appeal does not stop the children for being admitted as has been instructed by the court.
Ras Aswad Nkrabea, a parent of the two Rasta students, has said he is taking the boys to school today, Wednesday June 2.
He told Alfred Ocansey on the Sunrise show on 3FM Wednesday June 2 that an intention by the Achimota School to file an appeal against the court ruling will not stop the children from going to school.
“We are taking the boys to school today,” he said.
The Governing Board of the Achimota School has instructed lawyers of the school to file an appeal against the court ruling which ordered that the two Rastafarian students, Oheneba Nkrabea and Tyrone Marhguy who were denied admission into the school, be admitted.
The Board said it disagrees with the ruling of the court which was delivered on Monday May 31.
A statement issued on Tuesday June 1 said “The Governing Board of Achimota School was represented in court yesterday 31st May 201 and has learned from the outcome of the case brought against it by two persons who had earlier applied to be admitted to the school.
“The court ruled that the religious rights of the two applicants had been violated by the school management as they sought to enforce the time-tested and well-known rules of the school.
“The court further directed the school to admit the two applicants.
“The school board disagrees with the ruling of the court. The school board has therefore directed its lawyers to appeal against the ruling.”
Mr Kpenka Dindiok who is also a former lawmaker for Tempane also told Alfred Ocansey on the show on Wednesday that “What Ras is saying is what what we call execution. If you win a case you draw up the order and get it signed and serve the other party.
“As we speak there is no appeal. So, if there is no appeal there is no stay of execution. But if the defeated that is the defendant in the matter decides to file an appeal then you have to file what we call stay of execution and that stay of execution means that the judgment should not be carried out until the appeal is heard.
“If they decide to send the children to school, an intention to appeal is not an appeal so the school cannot reject them. That will be contempt of court.
“But it will be interesting how things pan out because if they decide to file an appeal and file for a stay of execution when the children are already in school it will be of no effect at all because at that stage it will be nugatory because the people are already in school.”
By Laud Nartey|3news.com|Ghana