An Accra High Court has adjourned the suit challenging processes in the passage of the Proper Human Sexual Rights and Ghanaian Family Values Bill filed by private citizen Paul Boama-Sefa.
Mr Boama-Sefa, a farmer has sued the Speaker of Parliament and the Attorney General seeking an order from the court to restrain Parliament from proceeding with the passage and processes relating to the bill.
According to the plaintiff, portions of the constitution regarding how Parliament handled the anti-LGBTQ bill were breached.
Citing Section 100(1) of the Public Financial Management Act, 2016(Act 921), Mr Boama-Sefa asserts that the Speaker of Parliament failed to comply with the provisions made by the law.
When the case was called, lawyers of Paul Boama-Sefa led by Benedict Nii Kraku prayed the court for additional time (4 weeks) to file written submissions. The lawyers of the Attorney-General and the Speaker also asked for time to file same.
Presiding Judge Ellen Mireku granted their requests and ordered all the parties to file their submissions within the four weeks and adjourned the hearing to July 29, 2024.
Section 100(1) of the Public Financial Management Act, 2016(Act 921) states that any legislation to be laid before Parliament or proposal submitted for the approval of Parliament shall be accompanied by a fiscal impact analysis stating the estimated effect on revenues and expenditures for the financial year in which the legislation or proposal is expected to come into effect.
The plaintiff argues that this was not complied with and is therefore seeking a declaration that the failure of the Speaker of Parliament to perform his obligation and the failure of the Attorney-General to insist on same that the Bill be accompanied by a fiscal impact analysis has rendered all the processes leading to the Bill’s passage, invalid and void.
The suit which was filed in May 2023 additionally seeks the court to restrain the Speaker, his deputies and others from proceeding with any processes regarding the bill until this is complied with.
By Laud Adu-Asare
