Supreme Court resumes hearing on the suit filed by lawyer and broadcast journalist, Richard Dela Sky against the Anti-LGBTQ+ Bill today. The court has ordered lawyers for the Speaker of Parliament and the Attorney General to file documents they would rely on in defence of the suit filed by lawyer and broadcast journalist, Richard Dela Sky within seven days.
The applications of the suit among many others implore the court to declare the passed bill unconstitutional having failed to undergo a financial assessment test by the Attorney General.
There is mounting pressure on the judiciary and the Chief Justice from the proponents of the bill who last week embarked on a demonstration demanding a swift hearing of the suit.
Background
On February 28, 2024, members of parliament unanimously passed the controversial Proper Human Sexual Rights and Ghanaian Family Values Bill after months of scrutiny and improvements.
This new legislation stipulates a 3-year prison sentence for identifying as LGBTQ+ and up to five (5) years for actively promoting, sponsoring, or supporting Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) activities in the country.
While the bill awaits presidential assent to become law, it has garnered fierce opposition from some local and international bodies like Amnesty International who describe the bill as being stringent.
Should this bill become law, Ghana would join Nigeria, Mauritania, Senegal, Sudan, and Tanzania as countries with strict laws criminalising same-sex relationships. For example, Nigeria’s Same-Sex Marriage (Prohibition) Act of 2013 penalises “carnal knowledge against the order of nature” with up to 14 years imprisonment.
Part of the opposition is lawsuits seeking either an injunction on parliament from forwarding the bill to the president or an injunction on the president from signing the bill. Popular of them are Dr Amanda Odoi vs Speaker & Attorney General and Richard Dela Sky vs Parliament & Attorney General.
In July 2024, the Supreme Court neither dismissed the injunction nor granted it but ordered for early hearing. Fast forward to October, the proponents of the bill led by Ningo-Pram Pram MP, Sam George, staged a demonstration demanding expedited action on the lawsuits.
Today, after hearing arguments from the lawyers, the presiding justice ordered that the documents be filed within seven days.
