The Judicial Service of Ghana has clarified the delays in two Supreme Court cases concerning the Anti-LGBTQ Bill, stating that essential procedural requirements are yet to be fulfilled by the parties involved.
In a statement issued on September 13, 2024, the Judicial Service explained that both cases—one filed by journalist Richard Sky and another by Dr. Amanda Odoi—have been delayed because key defendants, including Parliament and the Attorney General, have not completed the necessary legal filings.
These filings are crucial for the next steps in the court proceedings, particularly the submission of a Memorandum of Issues, which must be done before the Supreme Court can schedule a hearing.
For Richard Sky’s case, which was initiated on March 5, 2024, the Judicial Service noted that both Parliament and the Attorney General had not submitted their Statements of Case as of July 31, 2024, when the Court went on recess.
Similarly, in Dr. Odoi’s case, filed in June 2023, while Parliament has submitted its statement, the Attorney General has yet to provide the required document, further contributing to the delay.
The Judicial Service emphasized that the cases cannot move forward until all the necessary documentation has been filed. It reassured the public that the Supreme Court, Court of Appeal, and High Court registries remain open during the legal vacation and that the courts are ready to hear any matter that is prepared for adjudication.
This clarification comes in response to concerns raised by sponsors of the Anti-LGBTQ Bill, who have expressed frustration over the delay in court proceedings, suggesting it could affect the legislative progress of the bill.
Ningo-Prampram Member of Parliament, Sam Nartey George, has been particularly vocal about the delays. He directed criticism at Chief Justice Gertrude Torkornoo, accusing her of mishandling the legal challenge to the Anti-LGBTQ Bill. George expressed his dissatisfaction with the prolonged delay in ruling on injunction applications that have prevented the bill, officially known as the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, from being transmitted to President Nana Akufo-Addo for assent.
“It is an abuse of her powers under Article 296 of the constitution. She is acting arbitrarily, capriciously, and maliciously. We will take her on for that,” Sam George said, expressing his frustration with the judicial process.
The initial protests planned by supporters of the Anti-LGBTQ Bill for August 21, 2024, were postponed and are now scheduled for September 21, 2024, as delays in the court proceedings continue.