Political hot potatoes for new President
Ghanaians have voted decisively for political change. Eight years of NPP rule is to be replaced by a new NDC administration headed by President-elect, John Dramani Mahama.
This is (another) new beginning for Ghana, an opportunity to forge a path which will put the interests of all Ghanaians first.
Two major political controversies inform the change of regime. The first is the putative national cathedral, first announced nearly eight years ago by the then newly elected President, Nana Addo Dankwa Akufo-Addo, as his pet project, in fulfilment of a personal promise to God to build a national Christian edifice to thank God for Akufo-Addo finally being elected President after two failed attempts.
President-elect Mahama has indicated that under his watch, the national cathedral will not be built, instead indicating his support for a National Day of Prayer and Fasting. The outstanding 450 million dollars required to complete the national cathedral will not now be required.
Perhaps the domestic and foreign donors, who it was anticipated would come up with the money, will now devote the money to necessary welfare and infrastructure projects to help enable Ghana to fulfil its development potential.
Anti-gay bill
The second major political controversy is going to be more difficult to resolve, despite its crucial importance for Ghana’s international position and its national sense of harmony, well-being and tolerance.
I am referring to Ghana’s ‘anti-LGBT’ bill (formally the Human Sexual Rights and Family Values Bill), a proposed law that would introduce – further – wide-ranging restrictions on LGBTQ+ rights.
As will be recalled, the bill was approved by Parliament on February 28, 2024, with bipartisan support. The bill will only become law if agreed by the incumbent president. Given the result of last week’s presidential election, that person will now be John Dramani Mahama. At a stroke, President Akufo-Addo is off the hook, and the hot potato falls into the lap of the President-elect.
It is evident that the bill, a private member’s bill, is not favoured by either President Akufo-Addo or Mr Mahama. The former has skilfully avoided signing the bill, while Mr Mahama indicated in a recent BBC interview that, if elected President, he would sign the bill only if it was constitutional and in Ghana’s interests to do so.
The Supreme Court is due to pronounce judgement on December 18, 2024, concerning two court cases brought by private individuals which question the constitutionality of the bill.
The bill is a private member’s bill which, according to the Constitution, would only be acceptable if its passing into law would not incur costs to the state. Implementing the bill as currently constituted would incur significant costs to the state and for that reason, the Supreme Court may well decide that it is unconstitutional.
The second court case focuses on the human rights issues in the bill and the 1992 Constitution gives clear guidelines regarding what citizens individually and collectively are allowed to do. The bill as presently constituted would go against these constitutional rules.
Despite the bill making its way through the Supreme Court’s jurisdiction, it has not stopped the bill’s main proponent, Samuel Nartey George, the re-elected Member of Parliament NDC for Ningo-Prampam, from threatening the President-elect, Mr Mahama, with dire consequences if he does not immediately sign the bill into law when he becomes President.
Commitment
Ghana has just shown in an exemplary fashion that it is committed to democracy and democratic values. It is a pity that Mr George does not seem to be aware, or to care, that in a democracy, important political decisions are only made democratically, to arrive at constitutionally acceptable outcomes.
Trying to bully the President-elect – on the morning after the December 7 elections – was not acceptable. Mr George should await the verdict of the Supreme Court before he seeks to apply extra-democratic methods to ensure that his pet project is realised.
If the Supreme Court finds the anti-gay bill to be unconstitutional, then the President-elect is constitutionally bound not to sign the bill in its current form.
Democracy demands that if Ghana is determined to proceed with the bill, then parliament needs to go back to the drawing board to come up with a bill which is not only constitutional but also, crucially, would not threaten desperately needed funds from international sources.
They have indicated that such funds could be delayed or even curtailed should Ghana pass into law the current version of the Human Sexual Rights and Family Values Bill.
If the Supreme Court finds the anti-gay bill to be unconstitutional, then the President-elect is constitutionally bound not to sign the bill in its current form.
Democracy demands that if Ghana is determined to proceed with the bill, then parliament needs to go back to the drawing board to come up with a bill which is not only constitutional but also, crucially, would not threaten desperately needed funds from international sources.
They have indicated that such funds could be delayed or even curtailed should Ghana pass into law the current version of the Human Sexual Rights and Family Values Bill.
Countering this view, some believe that Ghana should not be intimidated by the threat of financial repercussions from the West if it chooses not to comply with its conditions. In other words, Ghana ought to reject such neo-colonial pressures to assert its sovereignty.
The economic travails of the NPP government, which almost certainly resulted in the party’s ousting from power, were to some degree alleviated by the billions of dollars that the country has recently received from international lenders, including the International Monetary Fund.
Perhaps Mr George and other champions of the current version of the bill would like to explain where the crucial billions of dollars would come from if current international lenders decide not to supply them.
Way forward
Ghana is about to enter a new era. The country has shown exemplary fortitude in conducting democratically appropriate parliamentary and presidential elections.
Progress can be made. President-elect Mahama should stand back, take a deep breath and assess the damage to Ghana’s national well-being and international standing if the current anti-gay bill is signed into law.
The writer is an Emeritus Professor of Politics, at London Metropolitan University, UK.