Acts such as blow jobs, anal sex, and the use of dildos are unlawful in Ghana as the Supreme Court has affirmed the constitutionality of the criminal law prohibiting unnatural carnal knowledge involving persons aged sixteen and above.
This decision confirms the validity of section 104(1)(b) of the Criminal and Offences Act 1960 (Act 29).
The unanimous decision by the Supreme Court was in response to a petition filed by Dr. Obiri-Korang from the University of Ghana School of Law. Dr. Obiri-Korang argued that section 104(1)(b) violated Articles 18(2), 17(2), and 14(1) of the 1992 Constitution, asserting that the provision infringes on rights to privacy, non-discrimination, and personal liberties.
For clarity, section 104(1)(b) of Act 29 states:
“104. 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.”
Dr. Obiri-Korang contended that this provision conflicted with the following constitutional articles:
- Article 18(2) – Right to privacy
- Article 17(2) – Right to non-discrimination
- Article 14(1) – Protection of personal liberties
Despite these arguments, the Supreme Court, led by Justice Baffoe-Bonnie J.S.C and including Justices Amadu Tanko, Gaewu, Adjei-Frimpong, Lovelace-Johnson, Kulendi, and Darko Asare, ruled that the law is consistent with the Constitution and does not violate the cited articles.
The ruling has significant implications, reinforcing the illegality of consensual same-sex activities and the use of sex toys among adults.
This decision is expected to impact the discourse on sexual rights and freedoms in Ghana. Presently, the Supreme Court has postponed its ruling on the injunction applications filed by Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi regarding the transmission of the controversial Human Sexual Rights and Family Values Bill of 2021, also known as anti-LGBTQ bill to President Nana Akufo-Addo.