Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi will, on Wednesday, May 8, 2024, appear before the Supreme Court to move their respective lawsuits challenging the passage of the LGBTQ+ Bill and its possible assent.
The two controversial lawsuits have since halted the Bill from being transmitted from Parliament to the Presidency for President Nana Addo Dankwa Akufo-Addo’s possible assent.
Richard Sky, also a private legal practitioner, and Dr. Amanda Odoi, a researcher at the University of Cape Coast, are challenging the constitutionality of the passage of the LGBTQ+ Bill, which has been passed by Parliament.
President Nana Akufo-Addo has declined to receive the bill from the lawmaking chamber, citing the two pending cases at the Supreme Court as the basis.
According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, the two cases have been listed for hearing on the Supreme Court’s case list, commencing from Tuesday, May 7, to May 9, 2024.
Richard Dela Sky, in his action at the Supreme Court, is challenging the constitutionality of Parliament in passing the “Human Sexual Rights and Family Values Bill.”
The plaintiff, who is seeking the apex court to declare the Bill null and void, also contended that the passage of the bill violates provisions of the 1992 Constitution, particularly Article 33(5), as well as Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1)(a)(b)(d) and (e).
He argues that provisions in the bill “raise profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution.”
Mr. Sky is seeking eight reliefs, including an order that “the Speaker of Parliament contravened Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (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.”
The bill, which prohibits LGBTQ activities and their promotion, advocacy, and funding, was passed by Parliament on Wednesday, February 28, 2024.
President Nana Addo Dankwa Akufo-Addo has yet to assent to the bill and has stated that he will await the Supreme Court’s ruling before deciding on the controversial bill.
He further prayed for “an injunction barring any attempts to enforce the provisions of ‘The Human Sexual Rights and Family Values Bill 2024,’ particularly those criminalizing same-sex relationships and related advocacy efforts.”
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 Articles 12(1)(2), 15(1), and 17(1), the passage of the ‘Human Sexual Rights and Family Values Bill, 2024’ by Parliament on February 28, 2024, contravened the Constitution and is, to that extent, null, void, and of no effect.
ii. A declaration that the Speaker of Parliament contravened Article 108(a)(ii) 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 Bill, 2024.’
v. An order restraining the Speaker of Parliament and the Clerk to Parliament from presenting ‘The Human Sexual Rights and Family 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 Sexual Rights and Family Values Bill, 2024,’ as such action would 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 Bill 2024,’ particularly those criminalizing same-sex relationships and related advocacy efforts.
viii. Such further orders or directions as this Honourable Court may seem fit.
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