Former Majority Leader and former Member of Parliament for the Suame Constituency, Osei Kyei-Mensah-Bonsu, has suggested that President John Dramani Mahama may be unable to assent to the Human Sexual Rights and Family Values Bill, 2025, due to constitutional concerns surrounding its passage.

According to him, the bill, popularly known as the anti-LGBTQ+ bill, could face legal challenges under Article 108 of the 1992 Constitution, which places restrictions on the introduction of certain categories of legislation by private members of Parliament.

Speaking in an interview with Kwesi Parker-Wilson on Oyerepa Breakfast Time, Mr. Kyei-Mensah-Bonsu argued that the bill may have been improperly introduced as a Private Members’ Bill.

“This LGBTQ bill is affected by Article 108,” he stated.

Drawing parallels with the passage of the Children’s Act during the administration of former President Jerry John Rawlings, he explained that then-Attorney General Obed Asamoah had intervened to ensure that the legislation was introduced through the Executive because of constitutional requirements.

“During President Rawlings’ era, we enacted the Children’s Act, which was initially proposed by gender activists. When the proposed bill was presented, Obed Asamoah, who was the Attorney General at the time, intervened and argued that because of Article 108, the bill should originate from the President rather than from a private member. As a result, Obed Asamoah took charge of the process,” he said.

Mr. Kyei-Mensah-Bonsu maintained that the anti-LGBTQ+ bill faces a similar constitutional hurdle and could be struck down if challenged before the courts.

“This anti-LGBTQ+ bill faces the same challenge under Article 108. It cannot be introduced by private individuals. President Mahama has previously served as a Member of Parliament and understands the constitutional requirements. If someone challenges this bill in court, the court could rule that it was improperly introduced. Even if the President signs it, anyone can petition the Supreme Court to challenge it because the constitutional issues involved are the same,” he added.

The Human Sexual Rights and Family Values Bill, 2025, was recently passed by Parliament despite opposition from the Minority Caucus and concerns raised by some civil society organisations and international partners.

Background

The Human Sexual Rights and Family Values Bill, commonly referred to as the anti-LGBTQ+ bill, was first introduced in Parliament as a Private Members’ Bill by a group of lawmakers. The legislation seeks to prohibit LGBTQ+ activities, advocacy, promotion, and funding in Ghana while promoting what it describes as traditional family values.

Supporters of the bill argue that it reflects Ghana’s cultural, religious, and family values and enjoys broad public support. However, critics contend that it infringes on fundamental human rights and freedoms guaranteed under the Constitution.

The bill has attracted significant local and international attention since its introduction, with religious groups and traditional leaders largely backing it, while human rights organisations and some development partners have expressed concerns about its potential implications for civil liberties and Ghana’s international relations.

Its passage by Parliament marks a significant development in Ghana’s ongoing debate over issues of sexuality, human rights, and constitutional governance, with legal experts expecting possible court challenges regarding both its content and the procedure through which it was introduced.