Ghana's Supreme Court to Rule on Constitutionality of Anti-LGBTQ Bill

• Dec 19, 2024

Ghana's Supreme Court is set to deliver a ruling today on two lawsuits that challenge the constitutionality of the controversial Human and Sexual Rights and Family Values Bill, commonly known as the anti-LGBTQ bill. The lawsuits, filed by broadcast journalist Richard Dela Sky and University of Cape Coast researcher Dr. Amanda Odoi, argue that the bill, which was passed by Parliament earlier this year, violates the Constitution.

The case is being heard by a seven-member panel of justices, presided over by Justice Avril Lovelace-Johnson. On November 19, the court adopted the statements of case from both parties in Richard Dela Sky’s lawsuit, and the same was done for Dr. Odoi’s case, leading to today’s awaited final judgment.

The bill was passed by Parliament on February 28, 2024, and was sent to President Nana Akufo-Addo for assent. However, the president withheld his approval, citing the legal challenges presented by Dela Sky and Odoi. Dela Sky’s lawsuit, filed on March 5, argues that the bill violates Article 108 of Ghana’s 1992 Constitution, which mandates that bills with financial implications for the country's Consolidated Fund must be introduced by the president or on his behalf. Dr. Odoi’s suit, filed in June 2023, raises additional constitutional concerns regarding the bill’s passage.

In response to these legal challenges, President Akufo-Addo announced that he would withhold assent until the Supreme Court delivered its final decision. Meanwhile, supporters of the bill, led by MP Sam Nartey George of Ningo Prampram, have staged protests, criticizing the delays in the judicial process. The Supreme Court, however, defended the delays, explaining that they were due to procedural issues such as incomplete filings.

The ruling today is expected to clarify the bill’s constitutional status and may have significant implications for the ongoing public debate and legal scrutiny surrounding the controversial legislation.