By Melanie Nathan, ED African Human Rights Coalition, DEC 18, 2024, 7.30 AM EST Supreme Court of Ghana Dismisses Challenge Against Anti-LGBTQ Bill, Citing Prematurity:
On December 18, 2024, the Supreme Court of Ghana, in a unanimous decision by a seven-member panel, dismissed petitions challenging the constitutionality and procedural validity of the 'Promotion of Proper Human Sexual Rights and Family Values Bill, 2024' (commonly known as the Anti-LGBTQ Bill). The Court avoided ruling for many months always finding excuses to delay with the promise finally of a ruling set for today which it then dismissed.
Indicative of what presents as a cowardly decision to decide on the procedure and merits, the Court handed down a short ruling presented a rather short ruling, stating:
"The judgment of the court is unanimous. After hearing the parties orally and considering the arguments in their statements, we unanimously conclude that the plaintiffs' writ does not properly invoke the exclusive jurisdiction of this court. The subject of the litigation—being a bill—remains in the process of becoming law in accordance with the constitution. It is therefore premature for this court to exercise its interpretative and enforcement jurisdiction to intervene. Consequently, the action fails and is dismissed."
The petitions, filed separately by media personality and legal practitioner Richard Sky and researcher Dr. Amanda Odoi, challenged the bill’s constitutionality and alleged procedural breaches during its passage in Parliament.
This ruling clears the path for the Anti-LGBTQ Bill, which Parliament passed on February 28, 2024, to proceed. Parliament can now transmit the bill to President Nana Akufo-Addo for assent or rejection.
President Nana Akufo-Addo had refused delivery of the Bill which was passed by Parliament in February of this year. He purposely avoided signing the Bill under the alleged notion that he was compelled to wait for the Court decision. In the meantime on December 07 Ghana elected a new President John Mahama. Akufo-Addo did not run for office and Mahama beat the current Vice President Bawumia. President elect Mahama says he promises to sign the Bill. He will be inaugurated as President of Ghana on 7 January 2025.
Melanie Nathan, African Human Rights Coalition:
A cowardly ruling where the Justices of Ghana's Supreme Court did the people of Ghana a great disservice and basically avoided making an earnest ruling, looking for a way out of making a decision. Though by its very ruling it has left the door open for a new challenge after the legislation is fully enacted through presidential assent and gazetting. The enactment of the Bill will prove to be onerous for all Ghana’s people, and disastrous for LGBTQ+ people and allies and human rights defenders. Even though the majority of Ghanaians support it through harsh anti-LGBT taboos, believing the myth that homosexuality is dangerous and un-African.
This is legislation is odious and terrifying as it criminalizes anyone who merely identifies as LGBTQAAP, to include allies and advocates while silencing human rights defenders and journalists. It also has an extradition clause that will cause diplomatic mayhem. The law will be a massive dent to a country that could previously boast about its democracy.
It is not unusual for the LGBT issue to be political sport. This Bill became a political tool for mustering votes. I believe that President Nana Akufo-Addo postponed signing the Bill knowing that its passage represents a human rights and diplomatic disaster that would result in enormous global economic consequences for Ghana, all at a time where his Party's chance at the presidency rested on a flailing economy.
Perhaps now that it is the end of his term, his Party has lost, and those economic consequences will be in the hands of the opposition, he has nothing to lose by signing the Bill which is very popular by an overwhelming Majority of Ghanaians. He can also send the Bill back to Parliament. Either way it is likely that this Bill will now become law. If the bill is passed by a resolution supported by at least two-thirds of all Members, which is the case, then the President shall assent to it within 30 days after the passing of the resolution. A bill does not become law until it has been duly passed and assented to and has been published in the Gazette.
Already many LGBTQ+ people and their allies have been forced to flee the violence and persecution the legislation and its current criminalizing Penal Code has served to license, resulting in a large uptick of Ghanaian nationals seeking asylum in the United States and abroad. A Trump era in the U.S.A. will probably add to this impending disaster.
MORE:
Ghana's new Controversial Anti-LGBTQ+ Law has Terrifying Extradition ClauseBy Melanie Nathan. Dec 17, 2024 HERE
Ghana's LGBT Community as Political Pawns in Presidential Election heightening DangersBy Melanie Nathan, December 02, 2023 HERE
