Ghana's Anti-LGBTQ Law: Supreme Court Dismisses Request To Halt Parliament's Consideration Of Bill

Ghana's Anti-LGBTQ Law: Supreme Court Dismisses Request To Halt Parliament's Consideration Of Bill

  • Supreme Court on Wednesday declined a request by two Plaintiffs to stop Parliament from passing the anti-LGBTQ bill
  • The apex court said it is not convinced that ordering Parliament to halt the consideration of the bill was necessary per the facts presented
  • The panel of nine judges that heard the case was presided over by the Chief Justice, Gertrude Torkonoo

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The Supreme Court of Ghana has dismissed a request by two private individuals to order Parliament to stop the consideration of the anti-LGBTQ bill.

Dr Amanda Odoi, a researcher, and another individual have filed a suit against the Speaker of Parliament Alban Bagbin and Attorney-General, Godfred Dame over the "Promotion of Appropriate Sexual Rights and Family Values Bill, 2021".

They are of the view that aspects of the bill breach the Constitution, among other claims.

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Supreme Court throws out motion to stop Parliament from considering anti-LGBTQ bill
Chief Justice Gertrude Torkonoo (L) and heart shape made out of two diverse ethnicity hands with a background of a gay pride flag. Source: Getty Images, Facebook/@Justice Gertrude Torkornoo
Source: UGC

Plaintiffs feel Speaker was leading Parliament to disrespect the court

Dr Odoi and the other Plaintiff were hoping that with the suit at the Supreme Court, the second reading of the bill which happened recently would not happen.

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According to Dr Amanda Odoi, although the Speaker has been served with all relevant court processes including one asking the court to place an injunction on the consideration of the law in the Legislature, the second reading took place.

“That by his conduct in directing or causing Parliament to proceed to a Second Reading of the Bill, in full knowledge of the pending suit and related interlocutory injunction application, the Respondent has disregarded and disrespected the authority of this Court.

Dr Odoi's lawyers wanted the apex court to halt the process in Parliament so that in the event that the Supreme Court determines that the law is unconstitutional the consideration process would not have gone far.

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They also wanted the apex court to punish the Speaker for contempt.

Supreme Court refuses to halt passage of anti-LGBTQ bill in Parliament

However, the Supreme Court said on Wednesday, July 19, 2023, that it is not convinced that ordering Parliament to halt the consideration of the bill was necessary because the matters raised by the Plaintiff would be dealt with in the substantive case.

The panel of nine judges that heard the case was presided over by the Chief Justice, Gertrude Torkonoo.

“We have considered the merits of this case and are of the considered view that a prima facie case has not been made to convince us to injunct the work of Parliament.
“Neither have we been convinced to injunct an uncompleted work of parliament. The issues raised by this application for injunction are matters to be determined by the substantive matter. This application for an injunction is dismissed.” she stated.

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The other Supreme Court justices on the panel are as follows:

  1. Paul Baffoe-Bonnie,
  2. Gabriel Pwamang,
  3. Mariama Owusu,
  4. Henrietta Mensa-Bonsu,
  5. Yonny Kulendi,
  6. Barbara Ackah-Yensu,
  7. Samuel Asiedu and
  8. George Koomson.

Dr Odoi’s legal team have also withdrawn the contempt case filed against the Speaker of Parliament.

Church leaders, Islamic clerics storm Parliament to witness second reading of anti-LGBTQ bill

YEN.com.gh reported in a separate story that the second reading of the anti-LGBTQ bill in Ghana's Parliament happened on Wednesday, July 5, 2023.

The event saw a lot of pastors and Muslim clerics storming Parliament to witness proceedings.

The Christian and Muslim communities in Ghana are all in support of the passage of the bill.

When it becomes law, it will criminalise aspects of LGBTQ activities and its advocacy in Ghana.

US Ambassador Virginia Palmer speaks against Ghana's anti-gay bill

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Meanwhile, YEN.com.gh reported in a separate story that the Ambassador of the United States of America to Ghana has debunked claims that the US is promoting LGBTQ+ activities in Ghana.

Virginia Palmer says her opposition to the anti-gay bill stems from her love to see gay children being given safe havens in Ghana.

Her comments follow moves by parliament to consider and debate the bill which is currently before the constitutional committee for deliberations.

Parliament of Ghana considers new standing orders

Also, YEN.com.gh reported that Parliament is considering new standing orders to change the way it operates.

One of the changes that is expected to be implemented the Minority MPs heading the Appointments Committee of Parliament.

MPs will also be required to recite the national pledge at the start and end of meetings of Parliament.

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Source: YEN.com.gh

Authors:
George Nyavor avatar

George Nyavor (Head of Politics and Current Affairs Desk) George Nyavor writes for YEN.com.gh. He has been Head of the Politics and Current Affairs Desk since 2022. George has over 9 years of experience in managing media and communications (Myjoyonline and GhanaWeb). George is a member of the Catholic Association of Media Practitioners Ghana (CAMP-G). He obtained a BA in Communications Studies from the Ghana Institute of Journalism in 2010. Reach out to him via george.nyavor@yen.com.gh.