A-G opposes writ seeking to compel Speaker, President to act on LGBTQ bill

• Mr Godfred Dame

The Office of the Attorney General (A-G) and Ministry of Justice on Thursday filed an affidavit at the High Court, in opposition to the writ seeking to compel the Speaker of Parliament,Alban Suma Kingsford Bagbin, and President Nana Addo Dankwa Akufo-Addo to act on the LGBTQ bill within seven days.

At the last sitting, the A-G said he was going to respond to the writ of mandamus on point of law.

However, when the case was called yesterday, a Principal State Attorney, George TettehSackey, told the court, presided over by Ellen Lordina Serwaa Mireku, that the Office of the Attorney-General and Ministry of Justice was opposed to the application.

The case has since been adjourned to April 29, for the lawyer of the applicant, Nii Kpakpo Samoa Addo, to file a reply to the AG’s affidavit in opposition.

The Member of Parliament (MP) for South Dayi Constituency, Mr Rockson Nelson-Dafeamekpor, has filed an application at the Accra High Court, to compel the Speaker of Parliament to submit the anti-LGBT bill to the President within seven days.

The plaintiff is also asking the court to compel the President to accept the bill and either sign or indicate to Parliament he cannot assent within the same period.

The application for Judicial Review,which is in the nature of Mandamus, was filed on March 22.

It was premised on grounds that, the Human Sexual Rights and Family Values Bill had 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.

It is the case of the plaintiff 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.”

The legislator is asking for a number of reliefs including 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 February 28, 2024.

He wants an order of mandamus directed at the Speaker of Parliament 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.

Mr Dafeamekpor asked the court for 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.

An order directed at the President of the Republic of Ghana to signify to the Speaker of Parliament 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.

BY MALIK SULLEMANA