The Supreme Court of Ghana has deferred ruling on two interlocutory injunctions seeking to restrain Parliament from forwarding the Proper Human Sexual Rights and Family Values Bill, also known as the anti-gay bill, for Presidential assent. The Court has decided to consider both the interlocutory injunctions and the substantive matter together to deliver a more informed and comprehensive decision.
The two lawsuits, filed by Broadcast Journalist Richard Dela Sky and Researcher Dr. Amanda Odoi, are challenging the constitutionality of the bill passed by Parliament. They argue that the bill contravenes the Human Rights provisions in the Constitution and will have an impact on the Consolidated Fund and other Public Funds.
The Court has advised the parties to cooperate and file a Memorandum of issues on the substantive suit. The case has been adjourned sine die, pending the filing of the Memorandum.
In a separate ruling, the Supreme Court stated that its decision on the suits will bring clarity on commencing a Private Members Bill. The five-member panel, chaired by Chief Justice Gertrude Torkornoo, agreed to make an early trial into the case to better serve the purpose of Justice.
The passage of the anti-gay bill by Parliament has been met with widespread opposition from human rights groups and individuals, who argue that it violates the fundamental human rights guaranteed by the Constitution. The bill seeks to criminalize same-sex relationships and impose harsh penalties on those who engage in such activities.
The Supreme Court’s decision to defer ruling on the interlocutory injunctions has been seen as a move to ensure that all relevant issues are considered before making a decision. The Court’s ruling will have significant implications for the LGBTQ+ community in Ghana and the country’s human rights record.
Ruth Abla ADJORLOLO
