A member of parliament for Ningo-Prampram, Sam George, has stated that the court lacks the authority to stop Parliament from enacting the anti-LGBTQ bill.
The vocal proponent of the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill says the judiciary should not overstep its boundaries by attempting to dictate the legislative process.
Speaking to the media, Mr George questioned the court’s willingness to entertain two recent cases brought before it against the bill’s passage.
“I’m wondering why the courts are going ahead to even entertain any case at this point in time because the courts must bear in mind that no court can issue a judgment or give directive to the President that you can’t discuss this matter in Cabinet.”
He highlighted that while the courts play a crucial role in ensuring due process and keeping the legislation in check, they cannot assume to have the power to impede on Parliament’s right to pass laws.
“It is the prerogative of Parliament to pass legislation, and so no court should think that they have the power to tell Parliament that you can pass this bill or you cannot pass this,” Mr George stressed.
Citing a previous case involving the Marijuana legislation, Sam George underscored that the courts have the ability to review the legislative process after Parliament has passed a law.
He said in such cases, they can assess whether all necessary procedures were followed and potentially nullify the law if due process was not observed. However, he firmly stated that this should not interfere with Parliament’s right to sit and pass laws.
“You can pass a judgment, saying that Parliament did not go through all the processes and nullify the law. But you can’t tell Parliament that you cannot sit and pass a law,” added Mr. George.
The proposed LGBT Bill has been a subject of intense debate in Ghana, sparking discussions both domestically and internationally.
The bill seeks to criminalise activities related to homosexuality and increase penalties for those involved.
While it has generated support from certain segments of society who believe it aligns with Ghana’s cultural and religious values, it has also drawn criticism from human rights organizations and advocates who argue that it infringes upon the rights and dignity of the LGBTQ+ community.