The Supreme Court of Ghana has scheduled July 17, 2024, as the date for delivering rulings on two separate lawsuits challenging Parliament’s passage of the controversial Human Sexual Rights and Family Values Bill.
The cases were filed by Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi, each raising distinct concerns about the bill.
Richard Dela Sky, in his lawsuit, challenges the constitutionality of the bill, asserting that it breaches several provisions of the 1992 constitution and infringes upon fundamental human rights guaranteed by Ghanaian law. He seeks a declaration from the court that the bill is unconstitutional.
Meanwhile, Dr. Amanda Odoi’s lawsuit focuses on specific provisions within the bill that she finds problematic. She has also requested a restraining order to prevent the Speaker of Parliament, the Attorney General, and the Clerk of Parliament from forwarding the bill to President Akufo-Addo for his approval.
Chief Justice Gertrude Torkornoo informed the court that the cases would be treated separately, following a request by Attorney-General Godfred Yeboah Dame. This decision means that each lawsuit will receive its own distinct ruling.
During the proceedings, Dr. Ernest Ackon, representing Dr. Amanda Odoi, argued that the bill imposes a direct charge on public funds, which he claims violates Article 108 of the constitution. He also highlighted the absence of a fiscal impact analysis prior to the bill’s submission to the President.
In response, Attorney-General Godfred Yeboah Dame defended the constitutionality of the bill, arguing that the Speaker’s discretion in handling such matters is within legal bounds and does not require a fiscal impact analysis as claimed by Dr. Ackon.
Counsel for the Speaker of Parliament, Thaddeus Sory, countered the arguments, stating that the bill’s transmission to the President is still an ongoing process and therefore not yet subject to the Supreme Court’s jurisdiction.
Sory emphasized that previous applications for injunctions related to the bill had been dismissed by the courts, suggesting a precedent that could influence the current case.
As the Supreme Court chaired by Chief Justice Gertrude Torkonoo continues to deliberate, stakeholders await the rulings that will determine the fate of the contentious Human Sexual Rights and Family Values Bill in Ghana.