The Supreme Court has reaffirmed that Ghana’s laws on unnatural carnal knowledge remain valid, despite some countries legalizing homosexuality.
The court emphasized that Ghana should not adopt foreign laws that conflict with its values and constitution.
In its ruling, the court upheld the constitutionality of Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29), which criminalizes unnatural carnal knowledge. It ruled that any sexual intercourse not involving penetration of a penis into a woman’s vagina remains illegal under this section.
The court’s decision came after Dr. Prince Obiri-Korang challenged the law, arguing it was unconstitutional and violated privacy rights. Dr. Obiri-Korang claimed that the law discriminates against homosexuals and infringes on their rights as per Articles 18(2) and 14(1) of the 1992 Constitution.
Justice Issifu Omoro Tanko Amadu authored the unanimous decision, supported by a seven-member panel. The court found that the plaintiff’s arguments were based largely on international laws, which could not be applied in Ghana.
Justice Emmanuel Yonny Kulendi concurred, stating that Ghana should not feel pressured by international norms to legalize homosexuality.
He highlighted that the 1992 Constitution upholds family and cultural values, which oppose homosexuality. Justice Kulendi questioned how such practices could align with constitutional provisions aimed at protecting family units and promoting societal values.
The court also rejected the claim that Section 104 (1) (b) infringes on privacy rights. It argued that privacy is not absolute and can be limited by considerations of public safety, morality, and national well-being.