Anti-LGBTQI+ Bill: Supreme Court to deliver judgment on December 18

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The Supreme Court has set December 18, 2024, to deliver its ruling for the lawsuit filed by Broadcast Journalist, Richard Dela Sky against the controversial Anti-LGBTQI+ Bill.

The bill, officially known as the Human Sexual Rights and Family Values Act, has been a subject of intense debate and legal challenges since its passage by Parliament on February 28, 2024. The bill criminalises LGBTQI activities and advocacy, imposing prison sentences of up to five years for the promotion, sponsorship, or support of LGBTQI activities.

Broadcast journalist Richard Dela Sky and researcher Dr. Amanda Odoi filed separate lawsuits challenging the constitutionality of the Anti-LGBTQI Bill. Their legal actions have temporarily halted the transmission of the bill from Parliament to the Presidency for President Nana Addo Dankwa Akufo-Addo’s assent.

Richard Dela Sky, who is also a private legal practitioner, argues that the bill violates several provisions of the 1992 Constitution, including Articles 33 (5), 12 (1) and (2), 15 (1), 17 (1) and (2), 18 (2), and 21 (1) (a) (b) (d) and (e). He seeks a declaration from the Supreme Court that the bill is null and void, and an injunction to prevent its enforcement.

Dr. Amanda Odoi has raised concerns about specific provisions within the bill and is seeking a restraining order to prevent the Speaker of Parliament, the Attorney General, and the Clerk of Parliament from sending the bill to the President for approval.

Meanwhile, the Judicial Service of Ghana recently dismissed claims that the Supreme Court and Chief Justice Gertrude Torkornoo were intentionally delaying the case. According to the Judicial Service, the delays were due to the parties involved not filing their statements on time.

The bill, which aims to criminalize LGBTQI activities and advocacy, has faced opposition from various human rights groups and individuals who argue that it violates constitutional rights. Two lawsuits challenging the bill’s constitutionality are currently before the Supreme Court.

The upcoming ruling is expected to have significant implications for the LGBTQI community in Ghana and the country’s human rights landscape. As the date approaches, both supporters and opponents of the bill are anxiously awaiting the court’s decision.

On Tuesday, November 19, 2024, when the case was called, the parties relied on processes filed before the court. However, the applicant was granted permission by the apex court to amend portions of his statement of case with a right for the defendants to also respond.

The court thus adjourned the case for judgment on December 18.

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