
Ghana’s Supreme Court has dismissed a petition challenging the constitutionality of the Human Sexual Rights and Family Values Bill filed by broadcast journalist and lawyer, Richard Dela Sky.
The suit was unanimously dismissed by a seven-member panel of the apex court, led by Justice Lovelace Avril Johnson.
The petitioner, Sky, in his suit prayed Ghana’s highest court to declare the bill which had generated national debate null and void.
But, the court rejected his petition, affirming the constitutionality of the legislative process for the proposed legislation also known as anti-LGBTQI bill.
The bill, which many have described as controversial, seeks to criminalise activities associated with lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) advocacy.
When passed into law, it would impose penalties on individuals promoting or funding LGBTQI-related activities, as well as those providing indirect support.
However, sponsors of the bill argue that it is necessary to protect Ghanaian cultural and family values, which they assert are being undermined by foreign ideologies.
Critics of the draft, including human rights groups, have also condemned it saying it amounts to violation of fundamental human rights, such as freedom of expression, association, and equality under the law.
Aside from Sky, one Amanda Odoi, also filed a separate petition to challenge the bill. The duo have argued that the Legislature did not satisfy the constitutional quorum requirements outlined in Articles 102 and 104 during the legislative process, rendering the bill’s passage unconstitutional.
The Supreme Court dismissed both petitions on the grounds that the bill had not yet become law. Justice Lovelace Johnson clarified that until a bill receives presidential assent, it does not constitute an enactment subject to judicial review of its constitutionality.
The decision underscores the court’s position that legislative processes cannot be challenged on constitutional grounds until they result in enforceable law.
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