The Supreme Court has dismissed two suits challenging the constitutionality of Parliament's passage of the Human Sexual Rights and Family Values Bill, commonly referred to as the anti-gay bill.
In a unanimous decision today, the court ruled that the suits failed to properly invoke its jurisdiction to interpret and enforce the Constitution.
The court further held that the bill has not yet been enacted into law and, as such, the suits were premature.
President can now act
The decision by the apex court means President Nana Addo Dankwa Akufo-Addo can now go ahead to sign or not sign the bill into law.
The President had indicated that he would only act on the bill after the Supreme Court had determined the suits challenging its constitutionality.
Background
On February 28, 2024, Parliament passed the Human and Sexual Rights and Family Values Bill, which was a bi-partisan private member’s bill.
If assented to by the President, the bill, which enjoyed overwhelming support from members of the House, will impose three years’ minimum jail term and five years’ maximum incarceration on those who engage in and promote homosexual activities in the country.
It has, thus, criminalised and prohibited pro-gay advocacy, as well as those who fund the activities of lesbian, gay, bisexual, transgender, intersex, queer/questioning, asexual, among other such people.
Suits
It was the contention of the two plaintiffs who have filed different suits at the Supreme Court, Richard Sky and Dr Amanda Odoi, that the Anti-Gay Bill was a private member’s bill which failed to follow the dictates of Article 108 of the 1992 Constitution and Act 921.
The plaintiffs said the bill would put a charge on the consolidated fund because under the bill, persons convicted of homosexuality could be jailed, which could impose costs on the state.
In view of that, they averred that the Speaker of Parliament breached Article 108 of the 1992 Constitution by not giving an opinion on whether the bill, when implemented, could lead to financial consequences on the country through a charge on the consolidated fund.
