The Supreme Court of Ghana has unanimously dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky, challenging the constitutionality of the Human Sexual Rights and Family Values Bill, commonly referred to as the anti-gay bill.
The court ruled that the petition lacked merit and declined to declare the bill null and void.
Sky’s petition raised critical legal arguments, stating that Parliament did not meet the required quorum as outlined in Articles 102 and 104 of the Constitution when the bill was passed.
He alleged that these thresholds were not met during the legislative process for the anti-gay bill, adding that the lack of quorum rendered the entire process unconstitutional and, therefore, null and void.
He also argued that the bill’s provisions violated several articles 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).
Sky contended that the proposed legislation posed a threat to constitutional freedoms and rights, including equality, freedom of expression, and protection from discrimination.
He further argued that the bill’s punitive measures against LGBTQI+ advocacy and funding undermined these freedoms.
Delivering the ruling, Justice Lovelace Avril Johnson, who chaired the seven-member panel, clarified that the court’s jurisdiction is limited to enacted laws and constitutional interpretations.
She noted that since the Human Sexual Rights and Family Values Bill has not yet been enacted into law, the court cannot determine its constitutionality.
The Supreme Court also dismissed a similar petition filed by equality and inclusion advocate Amanda Odoi. Justice Johnson reiterated that the bill’s legislative status does not yet warrant judicial review.
Corruption: Mahama forms five-member team to gather information
