Anti-LGBTQ Cases: SC Delivers Judgement Dec. 18

Justice Gertrude Araba Esaaba Sackey Torkornoo

 

The Supreme Court (SC) has set December 18, 2024, to give its judgement in two separate cases challenging the passage of the Proper Human Sexual Rights and Ghanaian Family Values Bill (2024), often referred to as the Anti-LGBTQ Bill.

This was after the court adopted the memorandum of issues proposed by the lawyers in the matters and the lawyers having to rely on their statements of case filed before the court.

In the case of the Richard Sky’s writ against the Speaker of Parliament however, a seven-member panel presided over by Justice Avril Lovelace Johnson gave his lawyer up to November 21, 2024, to amend his statement of case to include Section 100(1) of the Public Financial Management Act (Act 921) which deals with financial impact analysis on a private member’s bill.

The Attorney General and the counsel for Parliament were given up to November 27, 2024, to file a response to the arguments to be raised by counsel for plaintiff in his amended statement of case.

Other members of the now seven-member panel include Justices Henrietta Mensa-Bonsu, Barbara Ackah-Yensu, Samuel Asiedu, Ernest Gaewu, Yaw Asare Darko, and Richard Adjei-Frimpong.

Bill

Parliament on February 28, 2024, passed the Proper Human Sexual Rights and Ghanaian Family Values Bill, often referred to as the Anti-LGBTQ Bill, which introduced further punishment for same-sex activities in the country.

The bill, among other things, advocates prison terms for those who take part in LGBTQ sexual acts, as well as those who promote the rights of gay, lesbian or other non-conventional sexual or gender identities in Ghana.

The bill is yet to be transmitted to the President for a possible assent as a result of the two suits filed before the Supreme Court.

Writs

Richard Dela Sky, in his writ, is challenging the constitutionality of the passage of the bill and is seeking the Supreme Court to declare the bill null and void.

He also contends that the passage of the bill violates provisions of the 1992 Constitution, particularly Articles 33(5), 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e) of the Constitution.

He avers that provisions in the bill raise profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution.

He is also seeking a “declaration that Parliament exceeded its authority under Articles 106(2) and 108(a) (ii) in passing the Human Sexual Rights and Family Values Bill, 2024, as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.

“A declaration that, upon the true and proper interpretation of Articles 102 and 104(1) of the Constitution, Parliament lacked the requisite quorum to pass the Human Sexual Rights and Family Values BilI, 2024,” parts of the writ read.

He is therefore seeking an order “restraining the President of the Republic from assenting to the Proper Human and Sexual Values Bill, 2024, as such action will directly contravene the Constitutional safeguards of liberties and rights of Ghanaians.

“An injunction barring any attempts to enforce the provisions of the Proper Human Sexual Rights and Ghanaian Family Values Bill, 2024, particularly those criminalising same-sex relationships and related advocacy efforts.”

Dr. Amanda Odoi, a researcher, on the other hand, is questioning certain provisions of the Proper Human Sexual Rights and Ghanaian Family Values Bill.

She is seeking a restraining order to prevent the Speaker, the Attorney General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for his approval.

By Gibril Abdul Razak

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