Home News Ghana’s Supreme Court Dismisses Suits Against Anti-LGBTQ+ Legislation
News

Ghana’s Supreme Court Dismisses Suits Against Anti-LGBTQ+ Legislation

Share
Share

The Supreme Court of Ghana has unanimously dismissed two suits challenging the constitutionality of the contentious Human Sexual Rights and Family Values Bill, widely referred to as the Anti-LGBTQ+ Bill. The apex court ruled that the cases, filed by broadcast journalist and lawyer Richard Dela Sky and Dr. Amanda Odoi, a lecturer, were premature and could not be entertained at this stage.

The seven-member panel, led by Justice Avril Lovelace Johnson, explained that the bill had not yet received presidential assent to become law. Until then, the court held, there was no enforceable Act of Parliament to review for constitutionality. The Court emphasized that its supervisory jurisdiction could only be invoked over existing legislation.

“The plaintiff’s action is therefore dismissed,” Justice Johnson stated, summarizing the panel’s decision.

The two plaintiffs—Richard Dela Sky and Dr. Amanda Odoi—had separately petitioned the court, arguing that the Anti-LGBTQ+ Bill violated fundamental constitutional rights, including freedoms of expression, association, and privacy. Their cases named the Speaker of Parliament and the Attorney General as respondents.

Sky’s suit sought to prevent the President from assenting to the bill and challenged the parliamentary process through which it was passed, arguing that Parliament lacked the necessary quorum. On the other hand, Dr. Odoi’s case similarly sought to halt the legislative process, asserting that the bill was inconsistent with the principles of Ghana’s Constitution.

However, the Supreme Court firmly ruled against both suits. In Dr. Amanda Odoi’s case, the panel noted that she had improperly invoked the court’s jurisdiction, as the legislative process was still ongoing.

The Court’s unanimous decision underscores a strict interpretation of judicial intervention in Ghana’s legislative processes. The justices clarified that until the bill completes all legislative formalities—including presidential assent—it does not constitute a law that can be challenged in court. Judicial intervention, they explained, would only be appropriate once the legislative process had concluded.

The Court further stressed that entertaining the suits at this stage would amount to judicial overreach into parliamentary processes. The plaintiffs were thus advised to wait until the bill becomes law before seeking constitutional review.

The seven-member Supreme Court panel comprised Justice Avril Lovelace Johnson (presiding), Justice Henrietta Mensah Bonsu, Justice Barbara Acka-Yensu, Justice Samuel K. Asiedu, Justice Ernest Gaewu, Justice Yaw Asare Darko, and Justice Richard Adjei Frimpong.

Richard Dela Sky was represented by Paa Kwesi Abaidoo, while Dr. Amanda Odoi was represented by Dr. Ernest Arku. The Attorney General’s office was represented by Diana Abena Dapaah, and the Speaker of Parliament was represented by Mr. Thaddeus Sory.

The Human Sexual Rights and Family Values Bill, passed by Parliament in February 2024, seeks to criminalize LGBTQ+ activities in Ghana, including advocacy and promotion. The bill has sparked significant debate both domestically and internationally, with human rights groups criticizing it for infringing on fundamental freedoms guaranteed under Ghana’s Constitution.

While supporters argue that the bill reflects Ghanaian cultural and moral values, opponents contend that it violates international human rights standards and the rights enshrined in Ghana’s Constitution. The bill has drawn scrutiny from civil society, legal practitioners, and international organizations, many of whom have called on Ghana’s leadership to reconsider its implications.

Share

Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Don't Miss

Rollas Mourns Francis Duru, Calls for Stronger Welfare Support for Nollywood Actors

Former National President of the Actors Guild of Nigeria (AGN), Emeka Rollas, has mourned veteran Nollywood actor Francis Duru, urging practitioners to build...

SDP Candidate Calls for Balanced Media Coverage Ahead of 2027 Elections

The Social Democratic Party’s (SDP) presidential candidate, Adewole Adebayo, has urged Nigerian media organisations to provide fair and balanced coverage of all political...

Related Articles

Poor Services, Crime Fuel Voter Frustration Ahead of South Africa’s Local Elections

Poor basic services, unemployment and crime are shaping voter sentiment ahead of...

Ghanaian Teenager, 15, Shot Dead Near New York School

A 15-year-old Ghanaian boy, identified as Javits Frimpong, has been shot dead...

NUPRC, SDN Deploy Methane Tracker to Support 60% Emissions Reduction Target

The Nigerian Upstream Petroleum Regulatory Commission (NUPRC), in partnership with the Stakeholder...

Tinubu Prays for Nigeria’s Peace, Unity During Lesser Hajj in Saudi Arabia

President Bola Tinubu has arrived in Saudi Arabia to perform Umrah, the...