The Judicial Service of Ghana has dismissed claims that Chief Justice Gertrude Torkornoo and the Supreme Court are intentionally postponing the cases filed against Speaker of Parliament, Alban Bagbin, concerning the Human Sexual Rights and Family Values Act, also known as the anti-gay bill.
In response to a petition urging the Supreme Court to speed up the hearings, the Judicial Service clarified that the delay is due to the parties involved not filing the required documents.
According to the Supreme Court Rules of 1996 (CJ 16), the parties must submit their statements of case within the set deadlines before the court can proceed with the hearing.
“For the Supreme Court to hear any case, the parties are required to file their respective pleadings in the form of a statement of case within the timelines provided for by the Supreme Court Rules, 1996 (CJ 16).
“As the two communications issued earlier stated, Parliament and the parties have not complied with the requirements that allow a trial of the case raised by the Plaintiffs,” the statement from the Judicial Service is quoted to have indicated.
The Judicial Service further explained that both Parliament and the involved parties have not fulfilled the necessary steps to allow the case to move forward. It has urged all concerned parties to submit their pleadings so that the Supreme Court can begin considering the case.
On February 28, 2024, Ghana’s Parliament passed the Promotion of Human Sexual Rights and Family Values Bill, widely known as the Anti-LGBTQ+ Bill.
The bill, which is awaiting approval from President Nana Addo Dankwa Akufo-Addo, criminalizes same-sex relationships and the advocacy or funding of LGBTQ+ causes.
Offenders could face imprisonment for periods ranging from six months to three years, while those who promote or finance such activities could face sentences of up to five years.
For the bill to become law, it requires presidential assent, which must occur within seven days. If the President does not sign it, Parliament can still pass it into law with a two-thirds majority vote.
However, the President’s office has instructed Parliament not to send the bill for assent until the ongoing legal cases in the Supreme Court have been settled.