Supreme Court is set to render a decision on the constitutionality of the nation’s criminal law concerning consensual gay, anal, and other forms of unnatural sexual intercourse on July 27, 2024.
The panel, chaired by Justice Paul Baffoe-Bonnie, scheduled this date following hearings involving the plaintiff, Dr. Obiri-Korang, and the Attorney General.
In addition to Justice Baffoe-Bonnie, the panel comprises Justices Omoro Amadu Tanko, Ernest Gaewu, Adjei-Frimpong, Avril Lovelace-Johnson, Emmanuel Yonny Kulendi, and Yaw Darko Asare.
During the proceedings, the panel adopted the joint memorandum of issues presented by Dr. Prince Obiri-Korang, who represented himself, and the Attorney General.
Dr. Sylvia Adesu, the Chief State Attorney, sought permission to submit a witness statement from a medical professional addressing whether anal, gay, and other unnatural sexual intercourse forms caused harm to others.
While four issues were agreed upon, the fifth issue was dismissed.
According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, there were power outages during the court proceedings.
Plaintiff’s grounds
It is the case of the Plaintiff that, it is unconstitutionality of section 104(1)(b) of Act 29 is grounded on the breaches of the said section to rights of privacy, non-discrimination and liberties of a person.
He also contended that, section 104(1)(b) of Act 29 sins against Articles 18(2), 17(2) and 14(1) of the 1992 Constitution of the Republic of Ghana.
The section of Act 29 complained about reads reads;
- Unnatural carnal knowledge
(1) A person who has unnatural carnal knowledge.
(b) of another person of not less than sixteen years of age with the consent of that other person commits a misdemeanour.
The Plaintiff seeks to cause the apex Court to tow the line of Constitutional Courts in India and some parts of the Caribbean and other States with similar laws on unnatural sexual intercourse which have been pronounced on as unconstitutional which.