- Supreme Court defers ruling on anti-LGBTQ bill injunctions.
- Early trial agreed to better serve justice.
- Plaintiffs challenge bill's constitutionality and human rights violations.
- Final judgment pending, impacting LGBTQ+ community in Ghanab
The Supreme Court has deferred its ruling on the injunction applications filed by Dr. Amanda Odoi and Broadcast Journalist, Richard Sky, regarding the transmission of the anti-LGBTQ bill to the President. The Court has decided to deliver its ruling on the same day as the final judgment.
A five-member panel, chaired by Chief Justice Gertrude Torkornoo, made this decision, stating that an early trial into the case would better serve the purpose of justice.
The two lawsuits filed by Richard Sky and Dr. Amanda Odoi are against Parliament’s passage of the controversial anti-gay bill. Sky is challenging the constitutionality of the Human Sexual Rights and Family Values Bill, seeking a declaration that the bill breaches several provisions of the 1992 constitution and violates the country’s laws and fundamental human rights.
Dr. Odoi has raised concerns about specific provisions in the Human Sexual Rights and Family Values Bill and is seeking a restraining order to prevent the Speaker, Attorney General, and Clerk of Parliament from sending the bill to President Akufo-Addo for approval.
At the last hearing, Counsel for Amanda Odoi, Dr. Ernest Ackon, argued that the bill, if approved, imposes a direct charge on public funds, violating Article 108. He also pointed out the lack of a fiscal impact analysis before the bill was sent to the President.
Attorney-General Godfred Yeboah Dame, the second respondent, argued that the Speaker’s discretion is not unconstrained by the constitution, hence warranting the apex court’s decision on the injunction application.
Dr. Amanda Odoi seeks an injunction to stop the Speaker from transmitting the bill to the President. 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.
He further argued that the transmission of the bill from the Speaker of Parliament to the President for assent is still an ongoing process that hasn’t been completed and hence wasn’t within the jurisdiction of the Supreme Court to deliberate on the matter.
The Supreme Court, chaired by Her Ladyship Gertrude Torkonoo, is currently hearing the Richard Dela Sky case. The Court’s decision to defer its ruling on the injunction applications has left the status of the bill uncertain, pending further review and consideration.
The case has been adjourned sine die, and the Supreme Court’s final judgment will determine the fate of the anti-LGBTQ bill and its implications for the LGBTQ+ community in Ghana.
