The Supreme Court of Ghana has upheld the constitutionality of the law prohibiting unnatural carnal knowledge, including anal sex. In a unanimous decision on Wednesday, July 24, 2024, a seven-member panel dismissed a writ challenging Section 104 (1) (b) of the Criminal Offences Act, 1960 (Act 29).
The court, led by Justice Paul Baffoe-Bonnie, did not provide a detailed explanation of its decision during the session but stated that the full reasoning would be available at the court’s registry.
The challenge was brought by Dr. Prince Obiri-Korang, a lecturer at the University of Ghana Law School. Section 104 (1) (b) of Act 29 criminalizes unnatural carnal knowledge of a person aged 16 and above, even with their consent, classifying the act as a misdemeanor. Section 104 (2) further defines unnatural carnal knowledge as sex in an unnatural way or with an animal.
Dr. Obiri-Korang argued that Section 104 (1) (b) was unconstitutional, claiming it violated the right to privacy under Article 18 of the 1992 Constitution, the right against discrimination under Article 17, and the protection of personal liberties under Article 14.
Source: sankofaonline.com
