The Supreme Court will today, Wednesday, May 8 begin the hearing of two lawsuits filed by Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi challenging the passage of the LGBTQ+Bill and its possible assent.
Since the passage of the bill in February this year, the lawsuits have prevented the bill from reaching the President for his assent.
This development has resulted in a back-and-forth between Parliament and the Executive on the exercise of their powers.
The lawsuits by Richard Sky, also a private legal practitioner, and Dr. Amanda Odoi, a researcher at the University of Cape Coast are challenging the constitutionality of the passage of the LQBTQ+ Bill stating that the bill if passed into law will violate the right of individuals in the country.
Richard Dela Sky per his action is challenging 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.”
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 criminalizing 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 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.
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 Parliament 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 criminalizing same-sex relationships and related advocacy efforts.
vii. Such further orders or directions as to this Honourable Court may seem to meet.
Meanwhile sponsors of the bill have consistently argued that the bill is supposed to protect the moral cultural values of the Ghanaian society.
The bill, which prohibits LGBTQI activities and their promotion, advocacy, and funding, was passed by Parliament on Wednesday, February 28, 2024.
Additionally, the Attorney General and Minister for Justice, Godfred Dame has appealed to the Chief Justice to allow live coverage of proceedings.
In a letter addressed to the Chief Justice, the Attorney General said the significant public interest surrounding the anti-gay bill was the basis for the request.
“Respectfully, in view of the public interest in the cases concerning the Human Sexual Rights and Family Values Bill 2024 (the Bill) I would like to recommend that the media (including radio and television) be given full access to the relevant courts to undertake a coverage of all proceedings in those cases concerning the Bill.”
