Supreme Court Declares Anti-LGBTQI Bill Lawsuits Premature
The Supreme Court of Ghana has dismissed two lawsuits challenging the Anti-LGBTQI Bill, ruling that the cases were premature since the bill has not yet been passed into law.
In a unanimous decision delivered on Wednesday, December 18, 2024, the court, chaired by Justice Avril Lovelace-Johnson, stated that its judicial review jurisdiction could not be exercised because the bill had not received presidential assent. Without this final step, the court explained, there is no actionable legislation to review.
Details of the Ruling
The Supreme Court clarified that any legal challenge to the bill could only be entertained once it has become law. The court announced that its full reasoning for the dismissal would be made available on Friday, December 20.
The decision dismissed two separate suits brought by media personality Richard Dela Sky and policy analyst Dr. Amanda Odoi. Both plaintiffs sought to halt the progression of the bill, citing constitutional concerns and procedural breaches.
Case Summaries
Richard Dela Sky’s Case:
Richard Sky’s lawsuit argued that the bill violated several provisions of Ghana’s 1992 Constitution, including Articles 12(1) and (2), 15(1), and 21(1)(a)(b)(d) and (e), among others. Sky also claimed that the Speaker of Parliament breached Article 108(a)(ii) by allowing the passage of a bill that would impose charges on the Consolidated Fund or other public resources.
Sky sought eight reliefs, one of which aimed to halt the legislative process due to these alleged constitutional violations.
Dr. Amanda Odoi’s Case:
Dr. Odoi challenged specific provisions within the bill and sought an order to prevent the Speaker of Parliament, the Clerk of Parliament, and the Attorney-General from forwarding the bill to President Nana Akufo-Addo for assent.
However, the Supreme Court determined that her writ did not properly invoke its jurisdiction, further emphasizing that no legal action could proceed until the bill officially becomes law.
Background
The Anti-LGBTQI Bill, formally titled the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, has sparked widespread debate both locally and internationally. The bill seeks to criminalize LGBTQI+ activities and advocacy in Ghana, drawing both support and criticism from various groups.
The Supreme Court’s ruling leaves the bill to continue its legislative process. It remains under parliamentary consideration and must receive presidential assent before it becomes enforceable as law.
The decision underscores the importance of due legislative process and marks a pause in legal challenges until the bill’s status changes.