A seven-member panel of the Supreme Court, led by Justice Lovelace Avril Johnson, has unanimously dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky, challenging the constitutionality of the Human Sexual Rights and Family Values Bill.
Sky had sought a declaration that the bill, which has ignited intense national debate, was null and void. However, the court rejected his petition, affirming the constitutionality of the legislative process for the proposed anti-LGBTQI legislation.
The controversial bill aims to criminalize activities associated with lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) advocacy. If passed into law, it would impose penalties on individuals promoting or funding LGBTQI-related activities, as well as those providing indirect support.
Proponents argue the bill is necessary to protect Ghanaian cultural and family values, which they claim are being undermined by foreign ideologies. Conversely, critics, including human rights groups, condemn the bill as a violation of fundamental human rights, such as freedom of expression, association, and equality under the law.
The legal challenge also included a separate petition filed by equality and inclusion advocate Amanda Odoi. Both Odoi and Sky contended that Parliament failed to meet the constitutional quorum requirements outlined in Articles 102 and 104 during the legislative process, rendering the bill’s passage unconstitutional.
Supreme Court Ruling
The Supreme Court dismissed both petitions on the grounds that the bill had not yet become law. Justice Lovelace Johnson clarified that until a bill receives presidential assent, it does not constitute an enactment subject to judicial review of its constitutionality.
The decision underscores the court’s position that legislative processes cannot be challenged on constitutional grounds until they result in enforceable law.
