Wait For Court, Don’t Sign Anti-Gay Bill …Attorney General Writes To President

The Chief Legal Advisor to the Ghanaian Government, Godfred Yeboah Dame, has written an official letter to President Akufo-Addo, which explicitly cautioned him to not assent to the Human Sexual Rights and Family Values Bill, 2024 (anti-LGBT Bill), until the Supreme Court gives judgment on two applications for interlocutory injunction which seeks to forbid the President from assenting the passed Bill into law. 

There is Proof of Service of the said application for injunction on both the Presidency and on the Parliament of Ghana and evidence of notice from the Registrar of the Supreme Court regarding the fixing of a date for hearing of the application.

Godfred Dame, the Minister for Justice and Attorney General of Ghana cautioned President Akufo-Addo against taking a position which would impliedly “undermine the authority of the Supreme Court” in taking a decision of the applications filed before it in respect of the said Bill.

Attorney General Dame, in his letter dated Monday March 18 noted: “Respectfully, in light of the fundamental questions of constitutional significance raised by the two suits and the serious matters of public importance involved, I am of the considered opinion that it will be appropriate to accord unto the Supreme Court the opportunity to determine the propriety of assenting to the Bill pending the determination of the actions.

“In the circumstances, I am of the view that assenting to the Bill whilst the applications for interlocutory injunction filed in the two suits are pending, will render the said applications otiose and undermine the authority of the Supreme Court to determine the issues raised in them”, the letter continued.

The Office of the President, after receiving the letter from the Attorney General, has also written to the Parliament of Ghana, asking that the said Bill should not be send to the Seat of Government for now, until the Supreme Court takes a decision on the said applications.

The letter to from the Presidency and addressed to the Clerk of Parliament was signed by the Secretary to the President, Nana Bediatuo Asante and noted in parts:

“It is the understanding of this Office that both applications have also been duly served on Parliament. Therefore, it would be improper for you to transmit the Bill to the President and equally improper for this Office to receive the Bill until the Supreme Court determines the matters raised in the suits.

“In the circumstances, you are kindly requested to cease from transmitting the Bill to the President until the matters before the Supreme Court are resolved.”

Below is the full letter from the Attorney General to the President:

I respectfully bring to your attention two actions filed in the Supreme Court by a citizen of Ghana entitled as above, in exercise of their rights under article 2(1) of the Constitution.

The substance of the suits raises a challenge to the constitutionality of the passage of the Human Sexual and Family Values Bill, 2024 (the Bill) by the Parliament of Ghana and seeks to restrain the President from assenting to the Bill. Please find enclosed copies of the writs filed in the said suits.

In Suit No. J1/9/2024 – Richard Sky vrs. 1. The Parliament of Ghana 2. The Attorney-General, the plaintiff seeks the following reliefs:

1. A declaration that upon the true and proper interpretation of Article 33(5) of the Constitution of 1992, in light of Articles 12(1) and (2), 15(1), 17(1) and (2), 182), and 21(1) (a) (b) (d) and (e) of the Constitution, the passage of “The Human Sexual Rights a n d Family Values Bill, 2024” by Parliament on 28th February 2024 contravened the Constitution and is to that extent null, void, and of no effect.

1. A declaration that the Speaker of Parliament contravened Article 108(a) (ii) of the Constitution, in light of Article 296(a) (b) and (c), by admitting and allowing Parliament to proceed upon and pass “The Human Sexual Rights and Family Values Bill, 2024” into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.

• A declaration that Parliament exceeded its authority under Articles 106(2) and 108(a)(ii) in passing “The Human Sexual Rights and Family Values Bill, 2024,” as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.

2024. A declaration that, upon the true and proper interpretation of Articles 102 and 104(1) of the Constitution, Parliament lacked the requisite quorum to pass “The Human Sexual Rights and Family Values Bill, 2024.”
2025. An order restraining the Speaker of Parliament and the Clerk to Parliament from presenting “The Human and Sexual Values Bill, 2024” to the President of the Republic for his assent.

1. An order restraining the President of the Republic from assenting to “The Human and Sexual Values Bill, 2024,” as such action will directly contravene the Constitutional safeguards of liberties and rights of Ghanaians.

• An injunction barring any attempts to enforce the provisions of “The Human Sexual Rights and Family Values Bill 2024”, particularly those criminalising same-sex relationships and related advocacy efforts.

• Such further orders or directions as to this Honourable Court may seem meet.

The plaintiffs in both suits have, following the institution of the actions, filed applications for an order of interlocutory injunction pending the determination of the writs in the Supreme Court questioning the consistency of the passage of the Bill with the Constitution of the Republic. Please find enclosed copies of the applications for injunction together with a notice from the Registrar of the Supreme Court regarding the “fixing of a date for hearing of the application”

The plaintiff in Suit No. J 1 / 1 3 / 2 0 2 3 seeks an order of interlocutory injunction restraining the Speaker of Parliament, the Clerk of Parliament and their respective agents, servants and assigns from forwarding the Bill to the President for his assent pending the final determination of the suit, whereas the plaintiff in Suit No. J 1 / 9 / 2 0 2 4 seeks the following two interlocutory reliefs:

(a)  an order of interlocutory injunction to restrain the Speaker and the Clerk to Parliament of Ghana from presenting to the President for his assent The Human Sexual Rights and Family Values Bill 2024 passed by the Parliament of Ghana on 24th February, 2024, pending the final determination of the action;

(b) An order directed at the President from giving his assent to the Human Sexual Rights and Family Values Bill, 2024 passed by the Parliament of Ghana on 24th February, 2024, pending the final determination of the action.”

The writ in Suit No. J1/9/2024 was served on the Attorney-General on Thursday 7th March, 2024 whilst the motion for interlocutory injunction was served on Friday 8th March, 2024.

In the case of Suit No. J1/13/2023, the writ was served on the Attorney- General about a year ago whilst the application for interlocutory injunction was served on the Attorney-General on 8th March, 2023.

Respectfully, in light of the fundamental questions of constitutional significance raised by the two suits and the serious matters of public importance involved, I am of the considered opinion that it will be appropriate to accord unto the Supreme Court the opportunity to determine the propriety of assenting to the Bill pending the determination of the actions.

In the circumstances, I am of the view that assenting to the Bill whilst the applications for interlocutory injunction filed in the two suits are pending, will render the said applications otiose and undermine the authority of the Supreme Court to determine the issues raised in them.

In the spirit of upholding the rule of law, as you are obliged to do, I will respectfully advise that, a decision to assent to the Bill be made after the determination of the applications for interlocutory injunction copies of which are enclosed herein.

Accept, Your Excellency, assurances of my highest esteem. Yours faithfully,

YEBOAH DAME

THE ATTORNEY-GENERAL

AND MINISTER FOR JUSTICE