Paul Boama Sefa, a Ghanaian citizen based in the Ashanti Region, has filed class action against the Speaker of Parliament over processes involved in the presentation of the Human Rights and Family Values Bill, 2021.
In relation to how the legislative body handled the anti-LGBTQ bill, he claims that the two have violated certain provisions of Ghana’s constitution.
He claims that despite the law’s financial implications for the consolidated fund, a fiscal impact study report was not sent to parliament.
Paul says the Speaker of Parliament has the mandate to ensure that all legislative processes are undertaken in accordance with the law.
He noted the Public Financial Management Act requires that any bill to be laid in parliament should be accompanied by a fiscal impact analysis. He claims the Human Rights and Family Values Bill does not have this attached to it.
Paul made reference to the Attorney General’s memo to Parliament where he makes this same point about the lack of a fiscal impact analysis.
Substantively, the plaintiff wants the court to restrain the speaker, his deputies etc from proceeding with any processes regarding the bill until this is complied with.
The Constitutional, Legal, and Parliamentary Affairs Committee earlier addressed the AG’s concern in its final report to Parliament. The AG has also been dragged to court.
The individual made reference to this noting that portions of the bill impose a charge on the consolidated fund.
The Committee said it, however, noted through the amendments it was proposing, this will be taken care of.
Meanwhile, the Constitutional, Legal, and Parliamentary Affairs Committee has encouraged the House to pass the legislation.
The current lawsuit might affect the approval of the bill by the House.