A private legal practitioner has asked the Supreme Court to restrain the Speaker and Clerk of Parliament from sending the recently passed Human Sexual Rights and Family Values Bill to President Akufo-Addo for assent.
This is among other reliefs that Mr Richard Dela Sky is seeking from the apex court in a writ dated March 5.
Mr Sky petitioned the court in his capacity as a citizen of Ghana, acting pursuant to Article 2 of the 1992 Constitution of the Republic of Ghana and asserting his right to challenge acts he deems unconstitutional.
He contends that “upon the true and proper interpretation of Article 33(5) of the Constitution of 1992, in light of article 12 (1) and (2), 15 (1) , 17(1)and (2) , 18(2), and 21(1) (a)(b)(d) and (e) of the Constitution, the passage of the “The Human Sexual Rights and Family Values Bill, 2024 by Parliament on 28th February 2024 contravened the Constitution and is to that extent null, void and of no effect.”
The private lawyer also wants the Supreme Court to restrain, “the President of the Republic from assenting to “The Human and Sexual Values Bill, 2024,” as such action will directly contravene the Constitutional safeguards of liberties and rights of Ghanaians.”
The other reliefs being sought by Mr Sky are:
- A declaration that the Speaker of Parliament contravened Article 108 (a) (ii) of the Constitution, in the light 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.
- A declaration that Parliament exceeded its authority under Articles 106(2) and 108(a)(ii) in passing “The Human Sexual Rights and Family Values Bill. 2024.” as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.
- A declaration that, upon the true and proper interpretation of Articles 102 and 104(1) of the Constitution. Parliament lacked the requisite quorum to pass “The Human Sexual Rights and Family Values Bill, 2024.”
- An injunction barring any attempts to enforce the provisions of “The Human Sexual Rights and Family Values Bill 2024,” particularly those criminalising same-sex relationships and related advocacy efforts.
Background
On February 28, Parliament passed the Human Sexual Rights and Family Values Bill 2024.
This has attracted varied reactions from various stakeholders. Locally, the Centre for Democratic Development (CDD) Ghana has expressed disquiet about its passage. They have threatened to take the matter to the Supreme Court.
On the other hand, the Executive Secretary of the National Coalition for Proper Human Sexual Rights and Family Values, Moses Foh-A moaning has vowed to meet persons who are against the passage of the Bill in court if they sue.
The US ambassador to Ghana, Virginia Palmer said she is saddened by the Passage of the Bill and the International Monetary Fund (IMF) has given indication that its officials are keenly monitoring events unfolding in relation to the passage of the Bill.
Meanwhile, President Akufo-Addo has urged all stakeholders to await the outcome of the case that has been filed in the Supreme Court by a concerned citizen with regard to the anti-LGBTQ+ Bill passed by Parliament before any further action is taken.
The President said with this new development, it would be proper to wait for the ruling of the Supreme Court.
“… I have learnt that, today, a challenge has been mounted at the Supreme Court by a concerned citizen to the constitutionality of the proposed legislation. In the circumstances, it would be, as well, for all of us to hold our hands, and await the decision of the Court before any action is taken,” the President wrote in a statement posted on Facebook by Director of Communication at the presidency, Eugene Arhin on March 4.
