In a unanimous decision today, the Supreme Court upheld the constitutionality of a law that bans unnatural carnal knowledge, including anal sex, under Section 104(1)(b) of the Criminal Offences Act, 1960 (Act 29).
The court, led by Justice Paul Baffoe-Bonnie, dismissed a challenge brought by Dr. Prince Obiri-Korang, a lecturer at the University of Ghana Law School, who argued that the law violated constitutional rights to privacy, protection against discrimination, and personal liberties.
Section 104(1)(b) of Act 29 criminalizes unnatural carnal knowledge of individuals aged 16 and above, even with consent, categorizing the offense as a misdemeanour. The law defines unnatural carnal knowledge broadly to include sexual acts conducted in an unnatural manner or with an animal.
Justice Baffoe-Bonnie did not disclose the full rationale behind the court’s decision, stating that detailed reasoning would be available at the court’s registry.
Dr. Obiri-Korang’s challenge contended that Section 104(1)(b) infringed upon Article 18 (right to privacy), Article 17 (protection against discrimination), and Article 14 (protection of personal liberties) of the 1992 Constitution.
