The Ghana National Council of Private Schools (GNACOPS) has accused the Ministry of Education of abusing the
rights of students from private schools.
GNACOPS says that there is a deliberate policy to discriminate against wards from private schools, and this should
be brought to an end.
Addressing the press on 14 th November 2024, GNACOPS stated that a grave constitutional and educational injustice
that affects the rights and futures of thousands of Ghanaian students is taking place in Ghana. And it had to do with
the arbitrary decision by the Ministry of Education to reserve 30% of admissions into Category A Senior High
Schools (SHS) exclusively for students from public basic schools.
GNACOPS stated that this constitutes a clear violation of the constitutional rights of private school students.
The press statement was by Obenfo Nana Kwasi Gyetuah, National Executive Director GNACOPS.
He stated that Article 25(2) of the 1992 Constitution unequivocally affirms that “Every person shall have the right,
at his own expense, to establish and maintain a private school or schools at all levels and of such categories and in
accordance with such conditions as may be provided by law”.
He explained that the Constitution enshrines and protects the right to establish and maintain private educational
institutions.
“This clause provides not only a legal framework for the operation of private schools but also imposes upon the
government the obligation to respect the autonomy and legitimacy of these institutions as an integral part of Ghana’s
educational structure,” he said.
He stated that in protecting this right, the Constitution, by extension, affirms the students in private schools as
equally deserving of unhindered access to national educational opportunities.
“The government’s 30% priority placement policy, however, strikes at the heart of this constitutional protection.
This policy, which arbitrarily reserves 30% of admissions in Category A Senior High Schools (SHS) exclusively for
students from public basic schools, constitutes a clear violation of the constitutional rights of private school students.
By designating public school attendance as the criterion for access to top-tier secondary institutions, the government
erects an artificial barrier that discriminates against private school students, who, despite their academic merit, are
denied equitable access to these schools.
“This policy, therefore, directly contravenes the purpose and spirit of Article 25(2) and runs counter to the
foundational principle of equality before the law enshrined in Article 17,” he stated.
Obenfo Nana Kwasi Gyetuah stated that it is imperative to note that private school students are fulfilling their
educational obligations in legally sanctioned institutions, maintained at the expense of their families, often in
challenging financial circumstances.
“This reality is especially pronounced in rural and underserved areas, where private schools operate on limited
resources, providing essential services to communities with scarce alternatives.
“Contrary to the misinformed assumption that all private school students are privileged, many attend these
institutions out of necessity, not advantage.
“For the Ministry of Education to then impose a barrier on their access to quality SHS placements is to penalize
families for exercising their constitutional right to choose private education.
“The Constitution does not, at any point, impose restrictions on private school students' access to public educational
resources. It does not mandate or endorse policies that place a burden upon these students simply due to the nature
of their school.
“Yet, this 30% placement policy seeks to subvert the constitutional framework by creating a hierarchy in which
private school students are effectively deemed second-class citizens, their access constrained by arbitrary lines rather
than by academic merit or individual achievement.
“This policy, therefore, undermines the principles of fairness, equality, and meritocracy that our legal system seeks
to uphold.
“In essence, the students in private schools are meeting their educational obligations within institutions that the
Constitution explicitly protects. To deny them access to Category A SHS placements solely based on their school
type constitutes an unjust and unconstitutional punishment for exercising their legally sanctioned educational choice.
The Ministry’s actions in this regard amount to a fundamental breach of its constitutional duty to treat all students
equally and with respect, irrespective of their school affiliation.
“Together with our sister associations—the Ghana National Association of Private Schools (GNAPS), the Private
Education Coalition (PEC), and the National Council of Parent-Teachers Association (NCPTA)—we have formally
petitioned the Commission on Human Rights and Administrative Justice (CHRAJ) to
“1. Investigate this matter thoroughly and determines whether the 30% priority placement system is in breach of the
1992 Constitution, specifically the provisions cited above.
“2. Recommend the immediate abolition of the 30% priority placement system in favour of a merit-based admission
policy for all students, regardless of the type of school they attended.
“3. Issue directives to the Ministry of Education and the Ghana Education Service to adopt policies that guarantee
equal access to senior high schools for both public and private school students, as required under the Constitution.
“Our petition seeks to compel the Ministry of Education to abandon this 30% priority placement system and adopt
an admissions policy that respects merit and academic excellence, ensuring that all Ghanaian children are granted
fair and equal access to educational opportunities.
“We urge CHRAJ to act swiftly in addressing this grave injustice, as every day that this policy remains in effect, it
continues to infringe upon the constitutional rights of Ghana’s children. The pathway to Ghana’s top-tier educational
institutions must be determined by merit, not by the arbitrary distinctions of school type. The government’s
obligation, as enshrined in Article 25(2), is to ensure that private school students are treated with the same legal
dignity and fairness as their peers in public schools. Anything less constitutes an affront to justice and a betrayal of
our Constitution’s commitment to equality and opportunity for all,” the statement concluded.
