The Accra High Court has turned down a request to compel President Akufo-Addo to receive the Anti-LGBTQ+ bill.
This follows a suit filed by the National Democratic Congress (NDC) Member of Parliament, Rockson-Nelson Dafeamekpor on March 25.
In his suit, the MP was seeking several declarations and orders regarding the powers of the President under the 1992 Constitution of Ghana.
Mr. Dafeamekpor, among other things, asked for a declaration that, according to Article 106(1) and (7) of the Constitution, a President can only assent to or refuse to assent to a bill within seven days, unless the bill has been referred to the Council of State.
He was also seeking a declaration that the President cannot prevent Parliament from transmitting a bill that has been passed to him.
Again, the MP wanted a declaration that a letter dated March 18, 2024, addressed to the Clerk of Parliament and signed by the Secretary to the President, Nana Bediatuo Asante, is in contravention of the Constitution, hence the President must withdraw the letter.
But addressing the court today, lawyers for the Attorney-General represented by Chief State Attorney Sylvia Adeso argued that the High Court had no jurisdiction to grant the application filed by Rockson-Nelson Dafeamekpor.
Justice Ellen Mireku in her ruling, however, indicated that the Court has jurisdiction, but dismissed the application using her discretionary powers.
She noted that two suits filed by private citizens Prof Amanda Odoi and Richard Dela Sky had direct implications on the mandamus application and hence could not approve the reliefs being sought by the South Dayi Member of Parliament
Passage of Anti-LGBTQ Bill
Parliament passed the Proper Human Sexual Rights and Ghanaian Family Values Bill, on Wednesday, February 28.
Among other things, the bill punishes those who take part in LGBTQ sexual acts, as well as those who promote the rights of gay, lesbian or other non-conventional sexual or gender identities with time in prison.
Although a section of the public have welcomed the bill, others including CHRAJ have raised many concerns including discrimination against people and their freedoms as stated in the constitution.
However, Member of Parliament for Ningo-Prampram, Sam George, says no part of the Proper Human Sexual Rights and Ghanaian Family Values Bill (Anti-LGBTQ Bill) infringes on the laws in the 1992 constitution.
Already, the Finance Ministry has advised President Akufo-Addo against signing it, expressing concerns that the country could face serious financial challenges if the president goes ahead to assent to the bill.
The ministry warned that Ghana could lose more than $3 billion in funding from the World Bank for various programmes and projects.
In response, President Akufo-Addo reassured the international community of Ghana’s commitment to upholding human rights despite the recent passage of the Proper Human Sexual Rights and Ghanaian Family Values Bill, popularly known as the Anti-LGBTQ+ Bill.
Addressing concerns during a diplomatic engagement, the President emphasised that Ghana remains steadfast in its long-standing reputation for respecting human rights and adherent to the rule of law.
He clarified that the Bill is facing a legal challenge at the Supreme Court and that until a decision is arrived at, no action would be taken by his government on the Private Member’s bill.
Desist and cease from transmitting bill
Subsequently, the Office of the President in a letter dated March 18, 2024, requested Parliament to refrain from sending the anti-gay bill to President Akufo-Addo for his assent.
In the letter signed by the Secretary to the President, Nana Asante Bediatuo, the Presidency had explained that the decision stems from the acknowledgment of two pending applications for an order of interlocutory injunction before the Supreme Court.
The letter emphasised that it would be improper for Parliament to proceed with transmitting the Bill to President Akufo-Addo for any action until the matters before the court are addressed.
Furthermore, it was disclosed that the Attorney-General has advised the President against taking any action regarding the Bill until the issues raised in the legal suits are resolved by the Supreme Court.
