Private legal practitioner Richard Dela Sky has submitted an application to the Supreme Court, seeking a declaration that the Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill, is null, void, and of no effect.
Sky argues that the enactment of the bill infringes upon Article 33(5) of the 1992 Constitution, along with the provisions of Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e) of the Constitution.
He asserts that the bill’s provisions “raise profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution.”
Additionally, Richard Sky claims that “the Speaker of Parliament contravened Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass “The Human Sexual Rights and Family Values Bill, 2024″ into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.”
The bill, criminalizing LGBTQ activities and prohibiting their promotion, advocacy, and funding, was approved by Parliament on Wednesday, February 28, 2024.
President Nana Addo Dankwa Akufo-Addo has not yet given his approval to the bill, indicating that he will await the Supreme Court’s decision before making a decision on the controversial legislation.
Sky, in its writ, also wants the Supreme Court to give an “order restraining the President of the Republic from assenting to ‘The Human and Sexual Values Bill, 2024,’ as such action will directly contravene the constitutional safeguards of liberties and rights of Ghanaians.”
He further prayed for “an injunction barring any attempts to enforce the provisions of “The Human Sexual Rights and Family Values Bill 2024,” particularly those criminalising same-sex relationships and related advocacy efforts.”