By The Accra High Court has rejected a petition to compel Akufo-Addo to receive the Anti-LGBTQ+ bill.
This decision follows a lawsuit filed by National Democratic Congress (NDC) Member of Parliament, Rockson-Nelson Dafeamekpor, on March 25th.
In his petition, the MP sought various declarations and orders regarding the powers of the President under the 1992 Constitution of Ghana.
Mr. Dafeamekpor, among other claims, requested a declaration that, as per Article 106(1) and (7) of the Constitution, a President may only assent to or reject a bill within seven days, unless the bill has been referred to the Council of State.
He also sought a declaration that the President cannot obstruct Parliament from transmitting a passed bill to him.
Furthermore, the MP sought a declaration that a letter dated March 18, 2024, addressed to the Clerk of Parliament and signed by the Secretary to the President, Nana Bediatuo Asante, violates the Constitution, and thus the President must retract the letter.
However, during today’s court session, lawyers representing the Attorney-General, led by Chief State Attorney Sylvia Adeso, argued that the High Court lacked jurisdiction to grant the application filed by Rockson-Nelson Dafeamekpor.
Consequently, the court upheld the motion and dismissed the case.
Enactment of Anti-LGBTQ+ Legislation
Parliament approved the Proper Human Sexual Rights and Ghanaian Family Values Bill on Wednesday, February 28th.
The bill includes penalties for participation in LGBTQ+ sexual activities, as well as for advocating for the rights of individuals with non-conforming sexual or gender identities, with imprisonment.
While some members of the public support the bill, others, including CHRAJ, have expressed concerns about potential discrimination and violations of constitutional freedoms.
However, Ningo-Prampram Member of Parliament, Sam George, asserts that no aspect of the Proper Human Sexual Rights and Ghanaian Family Values Bill (commonly known as the Anti-LGBTQ+ Bill) contradicts the provisions of the 1992 constitution.
The Finance Ministry has cautioned President Akufo-Addo against endorsing the bill, citing concerns about potential severe financial repercussions for the country.
They warned that Ghana might forfeit over $3 billion in funding from the World Bank for diverse programs and projects.
In reply, President Akufo-Addo affirmed Ghana’s dedication to human rights to the international community, notwithstanding the recent approval of the Proper Human Sexual Rights and Ghanaian Family Values Bill, commonly referred to as the Anti-LGBTQ+ Bill.
Responding to inquiries during a diplomatic meeting, the President reiterated Ghana’s commitment to its established tradition of upholding human rights and adherence to the rule of law.
He clarified that the bill is currently under legal scrutiny at the Supreme Court, and until a verdict is reached, his administration will refrain from taking any action regarding the private Member’s bill.
Stop and refrain from transmitting the bill
Following this, on March 18, 2024, the Office of the President issued a letter requesting Parliament to refrain from forwarding the anti-gay bill to President Akufo-Addo for his endorsement.
Signed by the Secretary to the President, Nana Asante Bediatuo, the letter elucidated that this decision was made in light of two pending applications for an order of interlocutory injunction before the Supreme Court.
It underscored that it would be inappropriate for Parliament to proceed with transmitting the Bill to President Akufo-Addo for any action until the legal matters before the court are resolved.
Additionally, it has been revealed that the Attorney-General has counseled the President against making any decisions regarding the Bill until the legal challenges brought forward in the court proceedings are addressed by the Supreme Court.
