Anti-LGBT Bill Challenge …Supreme Court Hears Case Today
The Supreme Court of Ghana would today Wednesday July 3, 2024, hear an application filed by broadcast journalist, Richard Dela Sky Esq, to challenge the constitutionality of the Human Sexual Rights and Family Values Bill, passed by the country’s Parliament.
The said Bill is yet to become Law because it has not been accented to by President Akufo-Addo. It seeks to criminalize all form of LGBT practices and activities and further prescribes jail terms for consensual gay adults, advocates, allies and sponsors of LGBT persons and activities in Ghana.
Richard Sky, in his application, is praying the Supreme Court to declare that the Human Sexual Rights and Family Values Bill, commonly known as the anti-LGBT Bill, as null and void, on the basis that its passage violates the country’s laws and fundamental human rights.
Mr. Dela Sky is also seeking a Supreme Court order for an interlocutory injunction to restrain Parliament from transmitting the Human Sexual Rights and Family Values Bill to the President for consideration and a possible assent.
Sky is praying the Court that the injunction, if granted, should be in place until the final determination of the substantive application which seeks to declare the said Bill as unconstitutional and an infringement of human rights. .
The case first heard on May 8, was subsequently adjourned sini die to allow Sky amend the two reliefs he is seeking in the interlocutory injunction and to file supplementary affidavits.
The Courts directed lawyers for Richard Sky to file a fresh motion paper for the interlocutory injunction with supporting affidavit and statement of case on or before May 17.
It also asked Thaddeus Sory, counsel for the Speaker of Parliament and the Godfred Dame, the Attorney-General and Minister for Justice up to seven days after May 17 to respond to the documents to be filed by Sky.
The case was then adjourned indefinitely
Before the adjournment, the Court expressed concern over the choice of words used by both the plaintiff and lawyers for the Speaker of Parliament in the suits, describing them as inappropriate and scandalous.
All parties were advised to use temperate language and stick to the professional ethics required of them.
On that same day, the court also heard an application filed by a human rights activist, Amanda Odoi, also seeking to challenge the constitutionalist of the same anti-gay Bill.
Registrar of the Supreme Court, Her Honour, Ellen Ofei-Ayeh, has issued a notice of hearing of the case.
The hearing notice is addressed to Richard Sky, Cudjoe Arthur Chambers (lawyer for the applicant), the Speaker of Parliament, Thaddeus Sory (lawyer for the Speaker), and to the Attorney General stated:
“TAKE NOTICE THAT the above-mentioned case has been fixed for WEDNESDAY THE 3RD DAY OF JULY 2024 at 9:30 am for Hearing.
“If the case is called and you do not appear to answer, the Court will proceed to hear same without you.”
Meanwhile, the Supreme Court is allowing for the live coverage on both radio and television of proceedings of the case.
This follows a formal request made by the Attorney General, Godfred Dame.
The Attorney General cited significant public interest in the case as the basis for the request.
Godfred Dame, in his letter to the Judiciary noted: “Respectfully, in view of the public interest in the cases concerning the Human Sexual Rights and Family Values Bill 2024 (the Bill) I would like to recommend that the media (including radio and television) be given full access to the relevant courts to undertake coverage of all proceedings in those cases concerning the Bill.”
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