SC defers ruling on anti-gay bill injunction … until judgement on substantive case

• Chief Justice Torkornoo

The Supreme Court (SC) yesterday deferred ruling on the application seeking to injuct the Speaker of Parliament, Mr Alban Sumana Kingsford Bagbin, from transmitting the anti-gay bill to President Nana Addo Dankwa Akufo-Addo for his assent.

The five-member panel, presided over by the Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, said the court would determine the motion for injunction during judgement on the substantive case.

“The decision is deferred to abide the outcome of the determination of the substantive suit,” the Chief Justice explained.

Dr Amanda Odoi, a researcher and Mr Richard Dela Sky, a journalist, and private legal practitioner are the plaintiffs, who filed the interlocutory injunction urging the apex court to stop Mr Bagbin from exercising his constitutional duty of passing the bill until the court determines their case challenging the constitutionality of the bill.

On February 14, 2024, Parliament passed the Human Sexual Rights and Family Values Bill, which seeks to regulate the activities of gays, lesbians and bisexuals in Ghana.

But, before the Speaker transmitted the bill to the Presidency, President Nana Addo Dankwa Akufo-Addo wrote a letter through his Secretary, Nana Asante Bediatuo, to the Speaker of Parliament, asking him to hold on until the SC dealt with the interlocutory injunctions of Mr Sky and Dr Amanda.

In his suit, Richard Dela Sky is challenging the constitutionality of Parliament in passing the “Human Sexual Rights and Family Values Bill.”

The plaintiff, who is seeking the SC to declare the bill null and void, also argues that the passage of the bill violates provisions of the 1992 Constitution particularly Article 33(5) as well as Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e).

Mr Sky is seeking eight reliefs including an order that “the Speaker of Parliament contravened Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass ‘the Human Sexual Rights and Family Values Bill, 2024’ into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.”

Dr Odoi has raised concerns about specific provisions within the Human Sexual Rights and Family Values Bill.

She is also seeking a restraining order to prevent the Speaker, the Attorney General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for his approval.

BY MALIK SULLEMANA