Supreme Court Rules on Anti-Gay Bill Today

Barring any last minute obstacles, the Supreme Court would today December 18, 2024, deliver judgment on the two separate suits challenging the constitutionality of the Human Sexual Rights and Family Values Bill popularly known as the anti-gay Bill passed by Parliament in February this year.

The two suits were filed respectively by Rickard D. Sky, an Oxford-trained barrister cum award winning Ghanaian journalist and Dr. Amanda Odoi, an academic and rights advocate.

After almost a year of legal gymnastics, the Supreme Court in November this year fixed today December 18 for judgment.

At the last hearing, the apex court granted permission to lawyers for Richard Sky to amend their statement of case as prayed but said it should be done within two days.

The first defendant, the Speaker of Parliament and the second defendant, the Attorney-General and Minister of Justice were also given up to November 27 to file their response to the amended statement of case.

The anti gay Bill seeks to criminalize all form of LGBT practices and activities in Ghana and further prescribes jail terms for consensual gay adults, advocates, allies and sponsors of LGBT persons and activities in the country.

It has not become law yet because it has not been accented to by President Akufo-Addo.

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.

He argues, among other claims, that as at the time the Bill was passed by Parliament, members present and voting did not constitute the requisite quorum.

Barrister Sky also argues that though the bill remains a private member’s bill, Parliament failed to conduct a  financial impact assessment on the bill before its passage when the Constitution makes it mandatory in Article 108  that there should be such a financial impact analysis when the Bill if passed into law would cause some cost on the State.

The Speaker’s lawyers insist the financial impact analysis was done.