A visually impaired Ph.D. applicant in Ghana named Isaac Anin Baah has filed a lawsuit against the Kwame Nkrumah University of Science and Technology (KNUST), one of the nation’s premier higher educational institutions based in Kumasi, after his admission was unexpectedly revoked. Mr. Baah, represented by Mr. Carruthers Tetteh, a lawyer who is also visually impaired, alleges negligence and discrimination on the basis of disability. The case is currently before the High Court of Kumasi.
The lawsuit, initiated on September 3, 2024, outlines that Mr. Baah applied to KNUST’s School of Public Health and was initially scheduled for an interview in December 2023. However, he was abruptly instructed not to attend a month before the interview, with no explanation provided. Despite this, Mr. Baah received an official admission letter later that month, which he accepted. Subsequently, KNUST informed him that the admission was an error and invalidated it.
Mr. Baah contends that KNUST’s actions violate Ghana’s Persons with Disabilities Act, 2006 (Act 715), as well as international standards on inclusive education, such as the Salamanca Statement, to which Ghana is a signatory. He argues that the university’s actions amount to discrimination and a failure in due diligence. The lawsuit seeks declarations of negligence and compensation for emotional distress and lost scholarship opportunities.
In an exclusive interview with JURIST, Mr. Tetteh explained, “Mr. Baah approached me after attempting to seek explanations from the Dean of Public Health, who declined to provide any reasons for the cancellation of the interview or the revocation of the admission. I wrote to the school requesting the grounds for their decision. After two months without a response, I followed up with another letter but still received no reply. We had no option but to go to court.”
Mr. Tetteh further stated, “When you visit the university’s website, Mr. Baah’s name appears on the list of admitted students for this academic year. He continues to receive messages from the school, including a recent one regarding an assessment he needs to complete. We believe he was properly admitted, but for some selfish or malicious reason, it was wrongly claimed that his admission was an error. After filing the lawsuit, the university responded, offering to reinstate his admission if we would drop the case. However, we are not considering this offer. We want the court to determine the matter, as we believe this will set a precedent not only for academic institutions but also for employment, health, and other facilities. We are confident that justice will be served.”
This case implicates significant constitutional principles. The interpretation of Article 17 of the 1992 Constitution of Ghana, which enshrines equality as a fundamental human right, is central. The Ghanaian Supreme Court in Nartey v. Gati [2010] SCGLR 745 established that discrimination can only be lawful when the reasons are justifiable and do not conflict with constitutional principles. This principle was reaffirmed in Asare v. Attorney General [2012] 2 SCGLR 460, particularly regarding Article 29(4) of the 1992 Constitution, which clarifies that disability cannot justify differential treatment unless such treatment is justified. Therefore, both disabled and non-disabled individuals must be treated equally under the law.
As an administrative body, the university must ensure its procedures are fair and respect the fundamental rights of all individuals. Failure to do so could constitute a breach of Articles 17 and 29(4) of the Constitution.
The university’s initial attempt to quiet the applicant by offering him admission after the lawsuit raises serious concerns. This case provides an opportunity to address the challenges faced by disabled individuals in academia and could set a precedent for broader societal implications. The legal community will be closely monitoring this case, as its outcome could impact how educational institutions, and potentially other sectors, handle the rights of individuals with disabilities in Ghana.