The High Court in Accra has adjourned Rockson-Nelson Dafeamakpor’s application for Mandamus seeking to compel the Speaker of Parliament, Alban Bagbin, and President Akufo-Addo to act on the LGBTQ+ bill within 7 days.
This adjournment was after the Court had granted the Applicant’s (Dafeamakpor’s) application for abridgment of time to hear the application today.
Following the grant of the request for the abridgment of time, Counsel for Applicant Nii Kpakpo Samoa Addo moved the application for mandamus.
However, the same was opposed by the State Attorney who will have the opportunity to advance their arguments in the next sitting.
The case has been adjourned to April 18 for further arguments and subsequent determination.
Member of Parliament (MP) for South Dayi Rockson Nelson-Dafeamekpor filed an application at the High Court to compel Speaker of Parliament to submit Anti-LGBT bill to the President with 7 days.
The Plaintiff is also asking the Court to compel President to accept bill and either sign or indicate to Parliament he cannot assent within the same period.
The application for Judicial Review in the nature of Mandamus which was filed on March 22 was premised on grounds that, the Human Sexual Rights and Family Values Bill has been duly passed by the Parliament of Ghana in compliance with Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
The legislator who is the Plaintiff also argued that, the Bill “must be transmitted to and received by the President of Ghana for assent or otherwise in accordance with Article 106 (7) of the 1992 Constitution of Ghana.”
According to Murtala Inusah, an application for Mandamus is a request to a Court asking it to compel or order a government official to properly fulfill their official duties or correct an abuse of discretion.
Below are the reliefs being sought by the Plaintiff in his application for Mandamus
I. A declaration that the Parliament of Ghana duly complied with all the Constitutional provisions stipulated in Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana in the passage of the Human Sexual Rights and Family Values Bill on the 28th of February, 2024.
II. An Order of mandamus directed at the 1st Respondent herein to present the Human Sexual Rights and Family Values Bill to the President of the Republic of Ghana herein in accordance with Article 106 (7) of the 1992 Republic Constitution of Ghana on the basis that the Parliament of Ghana has duly complied with all the Constitutional provisions stipulated under Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
III. An Order directed at the President of Ghana to receive the Human Sexual Rights and Family Values Bill as presented by Parliament in accordance with Article 106 (7) of the 1992 Constitution of Ghana for the purposes of his assent or otherwise.
IV. An Order directed at the President of the Republic of Ghana to signify to the 1st Respondent herein, within seven days after the presentation of the Human Sexual Rights and Family Values Bill, his assent to the Bill or that he refuses to assent to the bill in accordance with Article 106 (7) of the 1992 Constitution of Ghana, unless the Bill is referred by the President to the Council of State pursuant to Article 90 of the Constitution of Ghana.
V. Any other relief(s) this Honourable Court may deem fit.
Background
Parliament passed the Proper Human Sexual Rights and Ghanaian Family Values Bill, on Wednesday, February 28. Among other things, the bill punishes those who take part in LGBTQ sexual acts, as well as those who promote the rights of gay, lesbian or other non-conventional sexual or gender identities with time in prison.
Although a section of the public have welcomed the bill, others including CHRAJ have raised many concerns including discrimination against people and their freedoms as stated in the constitution.
However, Member of Parliament for Ningo-Prampram, Sam George, says no part of the Proper Human Sexual Rights and Ghanaian Family Values Bill (Anti-LGBTQ Bill) infringes on the laws in the 1992 constitution.
Already, the Finance Ministry has advised President Akufo-Addo against signing it, expressing concerns that the country could face serious financial challenges if the president goes ahead to assent to the bill.
The ministry warned that Ghana could lose more than $3 billion in funding from the World Bank for various programmes and projects.
In response, President Akufo-Addo reassured the international community of Ghana’s commitment to upholding human rights despite the recent passage of the Proper Human Sexual Rights and Ghanaian Family Values Bill, popularly known as the Anti-LGBTQ+ Bill.
Addressing concerns during a diplomatic engagement, the President emphasised that Ghana remains steadfast in its long-standing reputation for respecting human rights and adherent to the rule of law.
He clarified that the Bill is facing a legal challenge at the Supreme Court and that until a decision is arrived at, no action would be taken by his government on the private Member’s bill.
Starr /myjoyonline.
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