A seven-member panel of the Supreme Court, led by Justice Lovelace Avril Johnson, has unanimously dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky, which challenged the constitutionality of the Human Sexual Rights and Family Values Bill.
Sky had sought a declaration that the controversial bill was null and void. However, the court ruled against his petition, affirming the constitutionality of the legislative process for the proposed anti-LGBTQI legislation.
About the Bill
The Human Sexual Rights and Family Values Bill seeks to criminalize activities associated with lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) advocacy. If passed, the bill would impose penalties on individuals involved in promoting or funding LGBTQI-related activities, as well as those offering indirect support.
Proponents of the bill argue that it is essential to preserve Ghanaian cultural and family values, which they believe are under threat from foreign influences. However, critics, including human rights organizations, view the bill as a violation of fundamental human rights such as freedom of expression, association, and equality before the law.
Legal Challenge
The legal challenge included a separate petition by equality and inclusion advocate Amanda Odoi. Both Odoi and Sky contended that Parliament had failed to meet the constitutional quorum requirements stipulated in Articles 102 and 104 during the legislative process, rendering the bill’s passage unconstitutional.
Supreme Court Ruling
The Supreme Court dismissed both petitions, ruling that the bill had not yet become law. Justice Lovelace Johnson explained that a bill cannot be subjected to judicial review for constitutionality until it receives presidential assent and becomes enforceable legislation.
This decision reinforces the court’s position that legislative processes are not subject to constitutional challenges until they result in an enacted law.
