Broadcast journalist Richard Dela Sky and researcher Dr. Amanda Odoi are set to present their respective lawsuits against the passage of the LGBTQ+ Bill before the Supreme Court on Wednesday, May 8, 2024.
These legal challenges have halted the bill’s progress from parliament to potential presidential assent.
The lawsuits, led by Sky and Odoi, question the constitutionality of Parliament’s approval of the LGBTQ+ Bill, which aims to restrict LGBTQ+ activities and advocacy.
President Nana Addo Dankwah Akufo-Addo has refrained from receiving the bill, citing the ongoing legal disputes.
Sky’s case specifically targets the “Human Sexual Rights and Family Values Bill,” seeking a declaration of its nullity on constitutional grounds.
His claims cite multiple constitutional articles, arguing that the bill infringes upon fundamental human rights guaranteed by Ghana’s Constitution.
Among Sky’s requests are an order to declare Parliament’s actions unconstitutional and an injunction against enforcing certain provisions of the bill.
The Supreme Court is scheduled to hear these cases from May 7 to May 9, 2024, as outlined in its cause list.
President Akufo-Addo has pledged to await the Supreme Court’s ruling before making any decisions regarding the contentious LGBTQ+ legislation.
Reliefs sought
Mr. Sky in his writ is seeking four declarations and four orders as follows;
i. A declaration that upon a true and proper interpretation of Article 33(5) of the Constitution of 1992, in light of Article 12(1)(2), 15(1), 17(1) of the ‘Human Sexual Rights and Family Values Bill, 2024’ by Parliament on 28th February 2024, Contravened the Constitution and is to that extend null, void and of no effect.
ii. A declaration that the Speaker of Parliament contravened Article 108(a) (11) of the Constitution, in light of Articles 296(a)(b)(c), by admitting and allowing Parliament to proceed upon and pass The Human Sexual Rights and Family Values Bill, 2024 into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.
iii. A declaration that Parliament exceeded its authority under Articles 106(2) and 108(a)(ii) in passing “The Human Sexual Rights and Family Values Bill 2024, as the same imposes a charge upon the Consolidated Fund or other Public funds of Ghana.
iv. A declaration that, upon the true and proper interpretation of Articles 102 and 104(1) of the Constitution, Parliament lacked the requisite quorum to pass “The Human Sexual Rights and Family Values BilI, 2024.”
v. An order restraining the Speaker of Parliament and the Clerk to Parliament from presenting The Human and Sexual Values Bill, 2024 to the President of the Republic for his assent.
vi. An order restraining the President of the Republic from assenting to The Human and Sexual Values Bill, 2024, as such action will directly contravene the Constitutional safeguards of liberties and rights of Ghanaians.
vii. An injunction barring any attempts to enforce the provisions of The Human Sexual Rights and Family Values Bil 2024, particularly those criminalizing same-sex relationships and related advocacy efforts.
vii. Such further orders or directions as to this Honourable Court may seem to meet.