Anti gay bill suits: Supreme Court fixes Dec 18 for judgement

The Supreme Court has fixed December 18, 2024, to make a determination on the two suits challenging the constitutionality of the Human and Sexual Rights and Family Values Bill, popularly known as the anti-gay bill. 

A seven-member panel of the apex court which had Justice Avril Lovelace Johnson as President fixed the date after granting leave to lawyers for Richard Sky to amend their statement of case within two days and the defendants to file their response by November 27, 2024.

The other members of the panel are Henrietta Mensa-Bonsu, Barbara Ackah-Yensu, Samuel Asiedu, Ernest Gaewu, Yaw Asare Darko, Richard Adjei-Frimpong.

Anti-Gay Bill

On February 28, 2024, Parliament passed the Human and Sexual Rights and Family Values Bill, which was a bi-partisan private member’s bill.

If assented to by the President, the bill, which enjoyed support of members of the House, will impose three years’ minimum jail term and five years’ maximum incarceration on those who engage in and promote homosexual activities in Ghana.

It has thus criminalised and prohibited pro-gay advocacy, as well as those who fund the activities of lesbian, gay, bisexual, transgender, intersex.

The plaintiff went to the Supreme Court shortly after the bill was passed, with a case that it violated Article 108 of the 1992 Constitution.

Article 108 of the 1992 Constitution stipulates that any bill before Parliament which would have an impact on the consolidated fund should be introduced by or on behalf of the President.

It further stipulates that in the event a bill is introduced by any entity other than the President or on behalf of the President, the person presiding in Parliament must give an opinion on whether the bill would have an impact on the consolidated fund before it is laid before Parliament.

It is the contention of the plaintiff the anti-gay bill which was a private member’s bill failed to follow the dictates of Article 108 of the 1992 Constitution.