High Court Grants Dafeamekpor's Application For Expedited Hearing Of Anti-LGBT Bill Case

High Court Grants Dafeamekpor's Application For Expedited Hearing Of Anti-LGBT Bill Case

  • An Accra High Court has approved an application for an abridgement of time for the hearing of a suit compelling Akufo-Addo to receive the anti-LGBT bill from Parliament
  • The suit is seeking the court to, among other things, declare the president's directive to parliament as unconstitutional
  • It is also urging the court to direct Akufo-Addo to accept the bill and make a decision on whether to assent or otherwise

An Accra High Court has granted an application for an expedited hearing of a suit compelling President Akufo-Addo to receive the anti-LGBT bill from Parliament.

The suit, filed by the Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, seeks to declare the president's directive to Parliament not to transmit the bill to the Jubilee House unconstitutional and thus null.

High Court Grants Dafeamekpor's Application For Expedited Hearing Of Anti-LGBT Bill Case
Dafeamepkor's suit is seeking for the court to declare Akufo-Addo's directive unconstitutional. Source: MetroTV
Source: Getty Images

Dafeamekpor has prayed the court to declare that President Akufo-Addo cannot direct Parliament not to transmit a passed bill to him for his decision.

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He is also seeking a declaration that the president is mandated to decide whether to assent or refuse to assent to a bill within seven days unless the bill has been referred to the Council of State, as stated in Articles 106(1) and (7) of the Constitution.

Dafeamekpor has further urged the court to declare unconstitutional the letter issued on March 18 by Nana Bediatuo Asante, the Secretary to the President, to the Clerk of Parliament, directing the house not to transmit the Human Sexual Rights and Family Values Bill to the presidency.

He says the court should order the president to withdraw the letter. The suit also requests further orders or directions that the court may deem necessary.

Akufo-Addo directs Parliament not to transmit anti-LGBT bill

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The suit follows President Akufo-Addo’s directive that the Human Sexual Rights and Family Values Bill should not be presented to him until the Supreme Court resolves the suits against the bill.

The bill, popularly known as the anti-LGBT bill, is facing two suits at the Supreme Court.

Both suits allege that the bill was passed under unconstitutional circumstances and infringed on the constitutionally guaranteed rights and freedoms of Ghanaians, particularly those in the LGBT community.

The plaintiffs are calling for the bill to be declared unconstitutional and null and void and have sought an interlocutory injunction, preventing the president from assenting to it.

In a letter to the Clerk of Parliament, Nana Bediatuo Asante, Secretary to the President, stated that the Attorney General has advised President Akufo-Addo against taking any step in relation to the bill until the suits against it are resolved.

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He added that until the issues are settled, it would be improper for the bills to be transmitted to the president and equally inappropriate for the president to accept the bill.

Bediatuo Asante said the president's decision is aimed at not prejudicing the injunctive relief and not undermining the court's authority.

NDC announces plan to impeach Akufo-Addo over anti-LGBT bill

YEN.com.gh reported that the National Democratic Congress’ caucus in Parliament did not take the President’s directive lightly.

They have decided to impeach the president for breaching the Constitution, describing it as an overreach of the president's executive powers.

Source: YEN.com.gh

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