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NewsAnti-LGBTQ bill: Contempt suit against Speaker Bagbin withdrawn

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Anti-LGBTQ bill: Contempt suit against Speaker Bagbin withdrawn

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Researcher from the University of Cape Coast, Dr. Amanda Odoi, has chosen to withdraw her contempt application against Speaker of Parliament, Alban Bagbin, at the Supreme Court.

The application was filed in connection to the ongoing discussions surrounding the anti-LGBTQ+ bill.

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This decision to withdraw the suit comes after the Supreme Court rejected her request to halt Parliament from proceeding with the passage of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill 2021, commonly known as the anti-LGBTQ+ bill.

Dr. Odoi had accused Speaker Bagbin of disregarding the pending legal actions and allowing the consideration of the proposed legislation to continue, which she believed was in violation of the 1992 Constitution.

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She argued, “the respondent has continually violated and shown utter disregard for the 1992 Constitution of the Republic of Ghana and the court process. That the respondent’s clear, intentional, and continuous disregard of the court process necessitates the Respondent being sanctioned for contempt in the public interest and to protect the dignity of the Court.”

“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.

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Ghana’s Parliament

But 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”.

The Anti-LGBTQ Bill, which has been under discussion and scrutiny since its introduction in 2021, received unanimous consent from all 275 Members of Parliament on July 5th.

Despite facing legal challenges, including a recent lawsuit announced on July 4, 2023, the bill has progressed to the consideration stage following the approval of its laying and subsequent debate by Speaker Alban Bagbin.

Speaker Bagbin emphasized that there is no opposition from any legislator regarding the passage of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021.

“With the submissions just made by the Honorable Andy Appiah Kubi that all the 275 are in support of the bill, anybody who disagrees be on your feet and I will recognize you.

“Honorable members, since all members are in support of the bill, I am definitely not going to gag the House. I will give you the opportunity to expand and improve further the submissions made so that at the consideration stage, it will be enriched by your contributions.

“But I just want us to be clear that none is against the bill,” he stressed.

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