The Supreme Court has unanimously dismissed petitions challenging the constitutionality of Ghana’s controversial Human Sexual Rights and Family Values Bill.
The seven-member panel, led by Justice Lovelace Avril Johnson, rejected claims by journalist and lawyer Richard Dela Sky and advocate Amanda Odoi.
Mr Sky had sought a declaration that the bill, which has sparked intense national debate, was null and void. However, the court rejected his petition, upholding the constitutionality of the legislative process for the proposed anti-LGBTQI legislation.
The court ruled that the bill, yet to receive presidential assent, cannot be subjected to judicial review as it is not enforceable law. The bill, widely criticized by human rights groups, seeks to criminalize activities promoting LGBTQI advocacy, including funding and indirect support.
If enacted, individuals supporting LGBTQI initiatives could face penalties, sparking intense national and international debate on human rights issues.
Proponents argue the bill is essential to safeguarding Ghanaian cultural and family values, which they believe are under threat. Critics, however, view the bill as discriminatory, claiming it infringes on freedoms of expression, association, and equality under the law.
In addition to Sky’s petition, equality and inclusion advocate Amanda Odoi filed a separate legal challenge. Both Amanda Odoi and Richard Sky argue that Parliament had failed to meet the quorum requirements outlined in Articles 102 and 104 of the Constitution during the legislative process, which they claimed rendered the bill’s passage unconstitutional.
Their petitions sought to have the bill declared invalid on these grounds. However, the Supreme Court dismissed both petitions, stating that the bill had not yet become law.
Justice Lovelace Johnson clarified that until a bill receives presidential assent, it does not constitute an enacted law, and therefore cannot be subject to judicial review of its constitutionality.
The court’s ruling emphasized that legislative processes cannot be challenged on constitutional grounds until they result in enforceable law.
Read also: Supreme Court to Deliver Judgment on Anti-LGBTQI Case On December 18
