After over 8 months of court hearings on the suits against the Human Sexual Rights and Family Values Bill the Supreme Court has set December 18 to deliver its Judgement on the cases.
The apex court heard suits of both plaintiffs, broadcast journalist and lawyer Richard Dela Sky and Researcher Dr Amanda Odoi on Tuesday.
When the case of Dela Sky was called, his counsel, led by Paa Kwesi Abaidoo sought leave from the court to amend a portion of his initial statement of case. He highlighted the importance of the Financial Impact Assessment report which is required by law to be attached to private member bill but was not adhered to before the Anti-LGBTQ Bill was passed by Parliament.
Senior State Attorney Richard Gyembibi indicated to the court that he will rely on their statement of case which they filed on November 11.
The 7-member panel of justices chaired by Avril Lovelace Johnson adjourned the case to December 18 after directing both the Attorney-General and the Lawyers of the Speaker of Parliament to file their responses to the amended statement of case.
The same orders were given when the suit by Dr Amanda Odoi was heard.
The court adjourned hearing to December 18 for judgement after all the parties had indicated that they will rely on the memorandum of issues and statement of case filed.
Background
On February 28, 2024, Parliament passed the Human and Sexual Rights and Family Values Bill, also known as the anti-LGBTQ bill – a bi-partisan private member’s bill.
The bill was subsequently forwarded to the President for assent or otherwise. This was however not to be after broadcast journalist and private legal practitioner Richard Dela Sky challenged the bill at the Supreme Court on March 5.
Richard Dela Sky contended that the anti-LGBTQ bill violated Article 108 of the 1992 Constitution which stipulates that any bill before Parliament which would have an impact on the consolidated fund should be introduced by or on behalf of the President.
The suit added on to a pending one filed earlier by researcher Dr Amanda Odoi in June 2023.
In response, the President after receiving the bill said he would not assent until the final determination at the Supreme Court.
In July, while hearing the injunction application, the apex court deferred its decision to hear the substantive case.
Upon resumption of the legal year in October, proponents of the bill, led by MP for Ningo Prampram Sam Nartey George took to the streets to protest the delay.
But the judiciary in response, noted in a statement that the prolonged delays were as a result of the failures of the parties’ filing processes required.
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