President Akufo-Addo’s decision to await the verdict of the Supreme Court before assenting to the Anti-Gay Bill is not backed by law.
Samuel Nartey George who is making the claim says the Constitution is very clear on the President’s position on the bill –either to assent or reject without any provision to wait.
The lead sponsor of the Anti-gay bill wants the President to abide by what’s in the Constitution rather than waiting on a suit which he says lacks merit.
According to the Member of Parliament for Ningo Prampram, the suit has not placed an injunction on the President and therefore using it as a basis to carry out his constitutionally mandated role is a spit on the faces of Ghanaians.
Speaking on Hot Issues on TV3 with sit-in host, Alfred Ocansey Sunday, March 10, 2024, Sam George, the lead sponsor of the Anti-gay bill likened Richard Sky’s suit to that of one Amanda Odoi who asked the Supreme Court to stop the Speaker of Parliament from carrying out his role of reviewing the clauses in the bill.
He explained that just as the 9-member panel found no basis in that relief Madam Odoi was seeking, so is Richard Sky’s own which the President is clinching on not to perform his responsibility.
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“The Constitution says he will either assent or reject, it didn’t say he should wait. The court suit has not placed an injunction on the President. It is one of the relieves that Richard Sky is seeking in his suit but again, we wait to see what the Supreme Court determines.
“Amanda Odoi went to the Supreme Court in June 2023 to actually seek an injunction as one of her relieves against the Speaker of Parliament to stop the Speaker from considering, during the second consideration, and doing the clause-by-clause consideration. The Supreme Court set a nine-member panel chaired by the Chief Justice herself, Gertrude Torkornoo and they returned a 9:0 verdict against Amanda Odoi because on what basis are you asking the Supreme Court to stop Parliament from doing its job and the Supreme Court was clear on its verdict that they do not see what infringement of Amanda Odoi’s right will be occasioned by Parliament doing its work,” Sam George espoused.
Also citing the constitution, the legislator said the law requires the Supreme Court to make interpretations on an Act and not a bill. He questioned how the President performing his role would be an infringement on anyone’s rights.
“The President carrying out his constitutional mandate will be interesting to see how that will infringe the right of anybody. We wait and see because we want to see if the Supreme Court can sit on a bill because the Constitution is clear in Article 2 that “if there is an Act of Parliament”, [and] Parliament hasn’t passed an Act yet, we’ve passed a bill, the bill is going to the President, the President would have to assent before it becomes an Act,” the Deputy Ranking Member on Parliament’s Communication Committee indicated.
The brouhaha stems from President Akufo-Addo’s decision to await the verdict of the Supreme Court on a suit filed by a citizen to challenge the passage of the Anti-gay bill passed by Parliament Wednesday, February 28, 2024.
The President, who has assured the international community that Ghana was not going to backtrack on its human rights record has said even though the bill is yet to come on his table, he would, however, await the verdict of the Supreme Court on the matter before signing it.
The Anti-gay bill aims to uphold human sexual rights and Ghanaian family values, prohibiting LGBTQ+ activities and its associated advocacy, promotion, and funding. Offenders face imprisonment, with individuals involved in promotion or sponsorship facing steeper penalties.
The bill now awaits presidential assent to be enacted into law.
Putting gays in prison will not eliminate homosexuality – Catholic Bishops’ Conference
