One of the sponsors of the Human Sexual Rights and Family Values Bill, Sam Nartey George has described as laughable, a writ filed by private legal practitioner, Richard Sky, at the Supreme Court seeking for a declaration of the bill as a nullity.
According to him, a Bill is not a law, hence cannot be declared a nullity.
“It’s laughable. It has no substance. How is the Supreme Court supposed rule on something that is not yet an Act? There is precedence for this, the Supreme Court on 19th July, 2023, threw out an injunction by one Amanda Odoi on this same bill and said that there was no case made before the court to show what injury will accrue to anybody if Parliament was injuncted from performing its duties” he said on Accra-based Joy FM.
He alleged that Mr Sky is only the face behind some hands. “He is being pulled by the strings, like a puppet show, we see through it. The President issued a statement yesterday that said he will not sign because there is a suit in court. Richard Sky filed his writ at 1:00pm today” he stated on March 5.
His comment was in reaction to the writ asking the Supreme Court to restrain the Speaker and Clerk of Parliament from sending the recently passed Human Sexual Rights and Family Values Bill to President Akufo-Addo for assent.
This is among other reliefs that Mr Richard Dela Sky is seeking from the apex court in a writ dated March 5.
Mr Sky petitioned the court in his capacity as a citizen of Ghana, acting pursuant to Article 2 of the 1992 Constitution of the Republic of Ghana and asserting his right to challenge acts he deems unconstitutional.
He contends that “upon the true and proper interpretation of Article 33(5) of the Constitution of 1992, in light of article 12 (1) and (2), 15 (1) , 17(1)and (2) , 18(2), and 21(1) (a)(b)(d) and (e) of the Constitution, the passage of the “The Human Sexual Rights and Family Values Bill, 2024 by Parliament on 28th February 2024 contravened the Constitution and is to that extent null, void and of no effect.”
The private lawyer also wants the Supreme Court to restrain, “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.”
The other reliefs being sought by Mr Sky are:
- A declaration that the Speaker of Parliament contravened Article 108 (a) (ii) of the Constitution, in the light 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.
- 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.
- 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 Bill, 2024.”
- 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.
