Godfred Yeboah Dame
The Supreme Court yesterday gave the Office of the Attorney General seven days to file a statement of case in the two suits challenging the passage of the Proper Human Sexual Rights and Ghanaian Family Values Bill (2024), often referred to as the Anti-LGBTQ Bill.
This followed a grant of an application for extension of time filed by the office after it failed to meet the timeline for filing a defence in the matter.
Chief State Attorney, Sylvia Adusu, who moved the motion, indicated that it was not out of disrespect for the court that they could not file a statement of case, but it was because they could not get certain documents from Parliament which are crucial to their case.
“We were waiting for certain documents because counsel for Parliament during a hearing in July had told the court that his attention had been drawn that the Speaker’s opinion was available. So, we were hoping to get it because it was important to our case,” she stated.
She added that they still have not gotten the documents, but they have decided to go ahead to file, adding that “we have attached our proposed statement of case and we are prepared to file it even tomorrow (November 1).”
Counsel for Parliament and the plaintiffs did not oppose to the application, and the court presided over by a single judge, Justice Yaw Darko Asare, said the application had legal basis and granted it, and asked the AG to file the statement of case within seven days from yesterday.
Bill
Parliament on February 28, 2024 passed the Proper Human Sexual Rights and Ghanaian Family Values Bill, often referred to as the Anti-LGBT Bill, which introduced further punishment for gay activities in the country.
The bill, among other things, advocates prison terms for 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 in Ghana.
The bill is yet to be transmitted to the President for a possible assent as a result of the two suits filed before the Supreme Court.
Suits
Dr. Amanda Odoi and broadcast journalist Richard Dela Sky have filed two separate suits before the court challenging the constitutionality of the bill passed by Parliament in February this year.
Richard Sky, in his suit, is challenging the constitutionality of the processes leading to the passage of the bill and argues that it also infringes on human rights provided by the 1992 Constitution.
The Supreme Court, on July 17, 2024, deferred its decisions on two separate applications seeking to restrain Parliament from transmitting the bill to the President for possible assent into law.
A five-member panel of the court presided over by Chief Justice Gertrude Torkornoo said it will be proper to give a comprehensive decision on the substantive suit rather than dwelling on controversial matters raised in the interlocutory applications.
BY Gibril Abdul Razak
