Broadcaster, Richard Sky, has asked the Supreme Court to stop President Nana Addo Dankwa Akufo-Addo from assenting into law the Human and Sexual Rights and Family Values Bill commonly known in Ghana as the Anti-Gay bill.
In a writ filed at the Supreme Courton Tuesday, March 5, 2024, invoking the jurisdiction of the apex court to interpret and enforce the Constitution, Mr Sky is also seeking an order from the court to restrain the Speaker and Clerk of Parliament from presenting the bill to the President to assent.
He is further seeking an injunction against any attempt to enforce the bill, especially the aspect that criminalises same sex relationship.
Further declarations
The writ also contends that the anti-gay bill contravenes many provisions in the constitution such as Article 12 (1) which enjoins all arms of government to respect and uphold the fundamental human rights of all persons, Article 15(1) which protects the dignity of all persons and Article 18(2) which protects the privacy of people.
Other provisions, he argues, are Article 17(1) which provides for equality before the law and Article 21(a) and (b) which protects freedom of speech and thought.
Mr Sky is therefore seeking a declaration from the highest court of the land that the bill sins against all the above stated provision, as well as 106 and 108 which dictate the mode by which Parliament can pass a bill.
Again, Mr Sky is seeking a declaration from the court that at the time the bill was passed, Parliament lacked the requisite quorum as stipulated by Articles 102 and 104 of the Constitution.
Other suit
This is not the only suit challenging the constitutionality of the bill.
Even before the bill was passed by Parliament, a human rights activist, Dr Amanda Odoi, went to the Supreme Court with a case that the Speaker of Parliament and Parliament in general had violated the constitution.
It was her case that the Speaker of Parliament breached Article 108 of the 1992 Constitution by not giving an opinion whether the bill when implemented could lead to financial consequences on the country through a charge on the consolidated fund.
That suit is yet to be determined by the apex court.
Writer’s email: emma.hawkson@graphic.com.gh
