A seven-judge panel of the Supreme Court, led by Justice Lovelace Avril Johnson, has unanimously dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky challenging the constitutionality of the Human Sexual Rights and Family Values Bill.
During the court session, Justice Johnson explained that a bill is not considered enacted until it receives presidential assent and, therefore, cannot be subject to judicial review. The ruling reinforced the court’s position that challenges to legislative processes can only occur on constitutional grounds once the law becomes enforceable.
Sky had challenged the constitutionality of the Human Sexual Rights and Family Values Bill, seeking to have it declared null and void. However, the court rejected his petition, upholding the legitimacy of the legislative process for the controversial anti-LGBTQI law.
In addition to Sky’s petition, equality advocate Amanda Odoi also filed a challenge, arguing that Parliament failed to meet the constitutional quorum requirements set out in Articles 102 and 104 during the legislative process. Both petitioners maintained that this procedural failure rendered the bill’s passage unconstitutional.
The bill, which has sparked intense national debate, aims to criminalise activities related to LGBTQI advocacy. If passed, it would impose penalties on individuals promoting or funding LGBTQI-related actions, as well as those offering indirect support. Proponents argue that the bill is essential to safeguard Ghanaian cultural and family values from foreign influences.
On the other hand, critics, including human rights organisations, contend that it violates fundamental rights such as freedom of expression, association, and equality before the law.
SOURCE; Citinewsroom
