The Supreme Court has set July 17, 2024, to deliver a ruling on two lawsuits challenging the passage of the controversial anti-gay bill by Parliament.
Broadcast Journalist, Richard Dela Sky, and Researcher, Dr. Amanda Odoi, filed separate lawsuits against the bill, citing constitutional breaches and human rights violations. Mr. Sky’s lawsuit argues that the Human Sexual Rights and Family Values Bill violates several provisions of the 1992 constitution and the country’s laws, seeking a declaration of unconstitutionality.
Dr. Odoi’s lawsuit raises concerns about specific provisions in the bill and seeks a restraining order to prevent the Speaker, Attorney General, and Clerk of Parliament from sending the bill to President Akufo-Addo for approval. The Chief Justice, Gertrude Torkornoo, announced that the two cases would not be consolidated, and separate rulings would be delivered.
Dr. Ackon, counsel for Amanda Odoi, argued that the bill imposes a direct charge on public funds without a fiscal impact analysis, violating Article 108 of the constitution. Attorney-General Godfred Yeboah Dame countered that the Speaker’s discretion is not unconstrained by the constitution, warranting the apex court’s decision on the injunction application.
Counsel for the Speaker of Parliament, Thaddeus Sory, argued that the claims regarding the need for a fiscal impact analysis were not supported by the constitution and that the transmission of the bill to the President is still an ongoing process.
The Supreme Court, chaired by Her Ladyship Gertrude Torkonoo, is currently hearing the Richard Dela Sky case, with a ruling expected on July 17. The outcome of these lawsuits could have significant implications for the controversial anti-gay bill and the human rights of LGBTQI+ individuals in Ghana.
