Anti-LGBTQ+ Bill: Supreme Court defers ruling on injunction applications
The Supreme Court has deferred the ruling on the injunction application seeking to stop Parliament from transmitting the anti-LGBTQ+ Bill to President Nana Akufo-Addo.
A five-member panel, chaired by Chief Justice Gertrude Torkornoo, stated that the court had agreed to an early trial in the interest of justice.
The injunction applications filed by broadcast Journalist Richard Dela Sky and Researcher Dr Amanda Odoi would therefore be determined on the same day the final judgment for the substantive suit will be given.
The apex court explained that this decision would enable it to give proper clarity in the constitutional matters relating to the suit.
The substantive suits filed by Dela Sky and Dr Odoi challenge the anti-LGBTQ+ Bill on grounds of constitutional violations of homosexual rights.
Mr Dela Sky is seeking a declaration that the bill passed by Parliament breaches several provisions of the 1992 constitution of Ghana.
He also argues that the bill violates the country’s laws and the fundamental human rights guaranteed by the Constitution.
In the case of Dr Odoi, she is seeking a restraining order to prevent the Speaker, the Attorney General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for his approval.
It will be recalled that Parliament in early February 2024, approved the Human Sexual Rights and Ghanaian Family Values Bill, commonly referred to as the Anti-LGBTQ+ Bill.
With the approval, persons who promote, sponsor and support LGBTQ+ activities will face a custodial sentence of three to five years.
Those caught engaging in LGBTQ+ activities are to face a minimum sentence of six months and a maximum of three years.
The passage of the Bill has triggered reactions from some of Ghana’s development partners, international financial institutions, and CSOs in the country.
The ministry warned that such action could lead to severe repercussions on the country’s financial support from international organisations like the Bretton Woods Institutions.
The Attorney-General has also advised the President against taking any action until the legal issues raised by the applicants are resolved.