The Achimota School Board, with the support of the Old Achimotan Association, is to refer its case on the School’s lands to the Supreme Court in order to overturn the Appeal Court’s ruling that the School’s action is a nullity.
It will also ask the Court to reinstate the interlocutory injunction placed on the Osu Stool by the High Court in 2016.
Professor Ernest Aryeetey, President of the Association, said the decision to go to court followed the Appeal Court’s failure to consider the School’s arguments on the issue of capacity.
“The court did not state its own view on the issue beyond referring to Osu’s challenge and stating the repeal of CAP 114,” he said at a press conference in Accra on Friday.
Professor Aryeetey said the Court was silent on the School’s arguments that a repeal did not invalidate a concluded and close matter such as establishment of the Board and that the law that repealed CAP 114 continued the existence of the Board and provided for the establishment of new boards for other public schools.
Besides the Education Act 778 did not dissolve the Board and that the current Education Bill, 2015 provides for establishment of even more boards to manage public schools that do not have such boards.
“Our preliminary view is that the Court of Appeal erred, gravely, in that regard,” he added.
Prof Aryeetey said the Court’s decision that the School was aware of Osu’s action against the Lands Commission leading to the 2011 judgement was also not supported by the evidence provided and the Court of Appeal failed to consider the School’s arguments regarding when the school became aware.
“We also disagree with the Court’s position that the School should have sought permission of the parties in the 2010 action and joined it to assert the School’s rights to the 172.78 acres,” he said.
A 172-acre land is at the centre the legal battle between the School and the Osu stool, who in 2011, obtained judgement against the Lands Commission to remain in possession of the land.
The Achimota School took the matter to court and in 2016 the High Court placed an interlocutory injunction on the Osu Stool.