SC delivers judgement on anti-LGBTQ+ bill case Dec. 18

 The  Supreme Court (SC) will on December 18 deliver judgement on two separate actions against the passage of the Human Sexual Rights and Family Values Bill, also known as anti-LGBTQ bill.

During proceedings yester­day, a seven-member panel of the court, presided by Justice Avril Lovelace-Johnson, adopted all the issues filed by the parties in the matter.

The court directed counsel for Richard Dela Skyand Papa KwashiemanAbaidoo to file an amended statement of case by November 22.

The Parliament of Ghana and the Attorney-General and Minister of Justice, the respon­dents, had been directed to file their reply by November 27.

On February 28, Parliament passed the Human and Sexual Rights and Family Values Bill, commonly referred to as the anti-LGBTQ Bill into law.

But, even before the Speak­er transmitted the bill to the President, Nana AddoDank­waAkufo-Addo, for his assent to the bill, a broadcast journalist, and private legal practitioner, Mr Sky, filed a motion at the SC to injunct him from undertaking his constitutional duty.

On Wednesday, July 17, a five-member SC panel chaired by the Chief Justice, Justice Gertrude ArabaSackeyTorkono, in deferring its ruling, indicated that it will give the decision on the injunction application and the substantive application together in an expedited trial.

The Supreme Court is hearing two lawsuits, challenging the constitutionality of the an­ti-LGBTQ bill.

Mr Sky and Dr Amanda Odoi, a researcher, had filed various suits challenging the passage of the anti-LGBTQ bill and its possible assent by the President.

In a writ invoking the jurisdiction of the apex court to interpret and enforce the Constitution, Mr Sky is seek­ing an order from the court to restrain the Speaker and Clerk of Parliament from presenting the anti-LGBTQ bill to the Presi­dent for his assent.

He is further seeking an injunction against any attempt to enforce the Bill, especially the aspect that criminalises same sex relationship.

The writ filed at the SC on March 5, 2024, contends that the anti-LGBTQ bill contravenes many provisions in the Constitu­tion such as Article 12 (1), which enjoins all arms of government

 to respect and uphold the fun­damental human rights of all persons, Article 15(1) which pro­tects the dignity of all persons and Article 18(2) which protects the privacy of people.

Other provisions, he argues, are Article 17(1) which provides for equality before the law, and Article 21(a) and (b) which protect freedom of speech and thought.

The plaintiff is, therefore, seeking a declaration from the Supreme Court that the Bill sins against all the above stated provi­sions, as well as Articles 106 and 108, which dictate the mode by which Parliament can pass a Bill.

Again, Mr Sky is seeking a declaration from the court that at the time the Bill was passed, Parliament lacked the requisite quorum as stipulated by Articles 102 and 104 of the Constitution.

Dr Odoi, on the other hand, is also at the Supreme Court with a case that the Speaker of Parlia­ment and Parliament in general had violated the Constitution.

It is her case that the Speaker of Parliament breached Article 108 of the 1992 Constitution by not giving an opinion on whether the Bill when implemented could lead to financial consequences on the country through a charge on the consolidated fund.

 BY MALIK SULLEMANA

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