A vocal opponent of the Sexual Human Rights and Family Values Bill (commonly referred to as the anti-LGBTQ bill), Emerita Prof. Takyiwaa Manuh, has stated that she will be disappointed should President Akufo-Addo give his assent to the legislation.
The bill was passed by Parliament on February 28, 2024, following the completion of the Third Reading.
The proposed legislation, which awaits the president’s approval, aims to impose a maximum penalty of five years for individuals engaging in or supporting LGBTQ+ activities. The enacted bill seeks to criminalize LGBTQI+ activities and impose penalties on their promotion, advocacy, and funding.
In an interview with Starr News, Prof. Takyiwaa Manuh voiced her opposition, deeming the bill unnecessary.
“The reason why the President has not assented to the other private members bills that were sent to him was that they violate Article 108 of the Constitution. I believe that this bill violates Article 108 even more because every part of it is about enforcement, which is going to be a charge on the public purse. So if we are to follow the president’s reasoning, I will be surprised if he assents to this bill.
“We live in a country that is governed by the rule of law; we live under a constitution. No law, no Act that is passed can be inconsistent with the Constitution. Therefore, if there are violations of the Constitution, especially as regards the rights and freedoms that are guaranteed to all Ghanaians, the Constitution does not begin to differentiate according to your religion or identity. This law is unnecessary; we already have provisions in our laws that govern all matters,” she said.
She argued that the bill potentially violates Article 108 of the Constitution even more than previous private members’ bills that the President had not assented to, as it heavily focuses on enforcement, which she believes would incur costs on the public purse.
Highlighting the importance of upholding the rule of law and the Constitution, Prof. Takyiwaa Manuh emphasized that any law or act passed should not be inconsistent with the Constitution.
She asserted that the bill, addressing matters already covered by existing laws, is redundant and unnecessary, especially considering its potential infringements on the rights and freedoms guaranteed to all Ghanaians.