The Supreme Court, led by Chief Justice Gertrude Torkonoo, has dismissed a request to halt Parliament’s consideration of the anti-gay bill.
The court determined that it is not convinced to issue such an order at this stage, as the concerns raised will be addressed in the substantive case.
The decision comes in response to a case filed by researcher Dr. Amanda Odoi, who alleges that Parliament’s work on the proposed law violates the constitution. Dr. Odoi’s legal team also withdrew the case of contempt filed against the Speaker of Parliament.
Dr. Odoi is one of two citizens who have sued the Speaker of Parliament and the Attorney General regarding the anti-LGBTQ bill.
She argues that her investigations confirm that the Speaker of Parliament has been properly served with all relevant court documents, including an injunction request to halt Parliament’s consideration of the law.
Despite this, she claims that the Speaker allowed the bill to proceed to its Second Reading in Parliament.
During the court proceedings on Wednesday, legal arguments were presented regarding whether the case should be temporarily suspended. The Speaker of Parliament was not personally present, but his legal team, led by Thaddeus Sory, represented him.
Lawyers representing Dr. Amanda Odoi were the first to address the court, with lead counsel Dr. Ernest Ako emphasizing the significance of putting the parliamentary consideration on hold and seeking the court’s intervention.
“Per the nature of the provision of article 108…assuming this bill goes through and becomes law and money is expended from the consolidated fund, we would not get the money back meanwhile Ghanaians would not get the millions that would have been spent on this law.”
“If the application is granted and Parliament does not proceed and the substantive matter is determined, parliament would just have suffered a little by not proceeding with the bill in the interim,” he stated.
Chief State Attorney Dr Sylvia Aduse told the court Dr Odoi’s legal team have failed to show how they will suffer or which right of theirs should be protected in the interim.
“He should have proved this balance of convenience well but we have not seen any evidence of that. The speaker is doing his duty and cannot be injuncted.” She said.
Lawyer for the Speaker Thaddeus Sory urged the court to dismiss the request.
“We pray that this application doesn’t satisfy any of the tests as set by this court and should be dismissed.”.
The panel presided over by the Chief Justice indicated a case meriting an injunction has not been made.
“We have considered the merits of this case and are of the considered view that a prima facie case has not been made to convince us to injunct the work of parliament.
“Neither have we been convinced to injunct an uncompleted work of parliament. The issues raised by this application for injunction are matters to be determined by the substantive matter. This application for an injunction is dismissed.” The Chief Justice stated.
Other panel members are Paul Baffoe-Bonnie, Gabriel Pwamang, Mariama Owusu, Henrietta Mensa-Bonsu, Yonny Kulendi, Barbara Ackah-Yensu, Samuel Asiedu, George Koomson”.
Dr Odoi’s legal team have meanwhile withdrawn the contempt case filed against the Speaker of Parliament.