NEWS

Supreme Court of Ghana to Deliver Landmark Ruling on Anti-LGBTQ+ Bill on December 18, 2024

Supreme Court to Rule on Anti-Gay Bill Lawsuits: Decision Set for December 18

Supreme Court Sets December 18 for Ruling on Anti-Gay Bill Suits — Anti-Gay BIll protest

The Supreme Court of Ghana has scheduled December 18, 2024, as the judgment day for legal challenges against the contentious Anti-LGBTQ+ Bill, officially titled the “Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill”. This decision comes amidst intense national debate over the bill’s compatibility with Ghana’s 1992 Constitution and its broader implications for human rights.

Legal Challenges to the Anti-LGBTQ+ Bill

Two separate lawsuits have been filed, questioning the constitutionality and procedural validity of the bill:

Richard Dela Sky’s Human Rights Argument
Prominent journalist Richard Dela Sky has argued that the bill infringes upon fundamental human rights protected by Ghana’s Constitution. He claims that the bill violates key provisions safeguarding individual freedoms, thereby rendering it unconstitutional.
Dr. Amanda Odoi’s Fiscal and Procedural Challenge
Researcher Dr. Amanda Odoi has raised concerns over specific clauses in the bill, arguing that they impose financial obligations on the state. According to Article 108 of Ghana’s Constitution, such clauses require a prior fiscal analysis, a step she alleges was overlooked. Her lawsuit seeks to prevent the bill from being transmitted to President Nana Akufo-Addo for final assent.

The Supreme Court has clarified that its ruling on injunction applications related to the lawsuits will coincide with the final judgment on December 18.

Attorney-General and Speaker Defend the Bill

In response to these challenges, Attorney-General Godfred Yeboah Dame has defended the bill, asserting that it aligns with the 1992 Constitution. He emphasized that the Speaker of Parliament’s actions complied with established legal processes. Legal representatives for the Speaker argued that a fiscal impact assessment was unnecessary, as the bill does not explicitly impose charges on public funds.

Public and Legal Significance

The Anti-LGBTQ+ Bill has sparked intense debate across Ghana, highlighting a deep divide between cultural values and human rights advocacy:

Supporters of the Bill argue it is crucial for protecting Ghanaian cultural and moral values.
Opponents warn of the bill’s potential to undermine human rights and violate international conventions to which Ghana is a signatory.

This landmark case has drawn widespread attention, both domestically and internationally, as it could redefine Ghana’s legal stance on LGBTQ+ rights.

What to Expect on December 18

The Supreme Court’s ruling is expected to set a significant precedent for Ghana’s legislative processes and human rights framework. Regardless of the outcome, the decision will likely have far-reaching implications for the nation’s legal and social landscape.