The Supreme Court has fixed December 18, 2024 to deliver judgment on the two lawsuits against the passage of the Human Sexual Rights and Family Values Bill also known Anti-LGBTQ+ bill.
Broadcast Journalist, Richard Dela Sky and, a Researcher with the University of Cape Coast, Dr. Amanda Odoi are challenging the processes and the passage of the bill passed by Parliament.
The two – Plaintiffs in their separate action are seeking the intervention of the Apex Court to examine how lawful the bill passed on February 2024 stands the test of the law.
On Tuesday, November 19, 2024, the panel of seven presided over by Justice Avril Lovelace-Johnson adopted all the issues filed and the party’s respective statements of cases.
In the case of Richard Sky, the Court has directed his lawyers led by Paa Kwasi Abaidoo, to file an amended statement of case by November 22.
The Respondents- Parliament of Ghana (1st Respondent) led by Thaddeus Sory and the Attorney General (2nd Respondent)- are to also file their reply by November 27, 2024.
Justice Lovelace Johnson’s panel which also includes Justice Prof. Henrietta Mensah Bonsu, Justice Barbara Ackah-Yensu, Justice Samuel Asiedu, Justice Ernest Gaewu, Justice Yaw Darko Asare, and Justice Richard ADJEI Frimpong then fixed December 18 to deliver their judgment.
In the case of Dr. Amanda Odoi, the same panel adopted all the Memorandum of issues filed including the Statement of cases filed by the parties, and adjourned same to the same day.
EIB Network Legal Affairs Correspondent, Murtala Inusah reports that the two cases though similar in nature will have two separate judgments.
Background
On March 5, a private legal practitioner, Richard Dela Sky, initiated an action at the the Supreme Court to challenge the constitutionality of Parliament in passing the Human Sexual Rights and Family Values Bill.
The Plaintiff who is seeking the apex court to declare the Bill null and void also contended that, the passage of the bill violates provisions of the 1992 Constitution particularly Article 33(5) as well as Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e) of the Constitution.
According to him, 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.”
Mr Sky, also a journalist is seeking eight reliefs including an order that “the Speaker of Parliament contravened Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass, ‘The Human Sexual Rights and Family Values Bill, 2024’ into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.”
The bill, which prohibits LGBTQ activities and their promotion, advocacy, and funding, was passed by Parliament on Wednesday, February 28, 2024.
President Nana Addo Dankwa Akufo-Addo has yet to assent to the bill and has stated that he will await the Supreme Court’s ruling before deciding on the controversial bill.
He further prayed for “an injunction barring any attempts to enforce the provisions of “The Human Sexual Rights and Family Values Bill 2024,” particularly those criminalising same-sex relationships and related advocacy efforts.”
Reliefs sought
Mr Sky in his writ is seeking four declarations and four orders as follows;
i. A declaration that upon a true and proper interpretation of Article 33(5) of the Constitution of 1992, in light of article 12(1)(2), 15(1), 17(1) of the Human Sexual Rights and Family Values Bill, 2024 by Parliament on 28th February 2024, Contravened the Constitution and is to that extend null, void and of no effect.
ii. A declaration that the Speaker of Parliament contravened Article 108(a)(11) of the Constitution, in light of Articles 296(a)(b)(c), by admiting and alowing Parliament to proceed upon and pass The Human Sexual Rights and Family Values Bill, 2024 into law as the same imposes a charge upon the Consolidated Fundorother public funds of Ghana.
iii. 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.
iv. 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.
v. An order restraining the Speaker of Parliament and the Clerk to Parliamen from presenting The Human and Sexual Values Bill, 2024 to the President of the Republic for his assent.
vi. An order restraining the President of the Republic from assenting to The Human and Sexual Values Bill, 2024, as such action will directly contravene the Constitutional safeguards of liberties and rights of Ghanaians.
vii. An injunction barring any attempts to enforce the provisions of The Human Sexual Rights and Family Values Bil 2024, particularly those criminalising same-sex relationships and related advocacy efforts.
vii. Such further orders or directions as to this Honourable Court may seem meet.