‘Theoretically Parliament can be injuncted’ – Martin Kpebu

Private legal practitioner and human rights lawyer Martin Kpebu has stated that, in theory, the Parliament of Ghana can be injuncted under the 1992 Constitution.

His comments follow a writ filed at the Supreme Court by Richard Dela Sky, a journalist and private legal practitioner, challenging the constitutionality of the Human Sexual Rights and Ghanaian Family Values Bill 2024, passed by Parliament.

Sky wants the court to declare the anti-gay bill null, void, and of no effect.

Also, the morning show co-host is praying to the highest court of the land to, amongst other reliefs, retrain the Clark of Parliament from submitting the Human Sexual Rights and Ghanaian Family Values Bill 2024 to President Akufo-Addo for assent to become law.

Sky maintained that the provisions of the bill “raise profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution.”

In addition, Richard Sky 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.”

Responding to whether parliament can be injuncted, lawyer Martin Kpebu answered in the affirmative, adding that it is not only an act of Parliament that can be struck down by the Supreme Court.

“Theoretically yes, because under the constitution, it is the constitution that is supreme, not parliament,” said Mr. Kpebu, adding that “any conduct that goes contrary to the constitution can be declared null and void by the supreme court.”

“So, it is not only an act of parliament that can be struck down by the Supreme Court but also people’s conduct,” he told Alfred Ocansey on Ghana Tonight yesterday [March 5].

The human rights lawyer cited Article (2) of the Constitution, which talks about enactments and any act to buttress his argument.

Meanwhile, one of the leading sponsors of the bill and Member of Parliament (MP) for the Ningo-Prampram constituency, Samuel Nartey George (Sam George), has described the writ by the journalist as having “a lot of fluff.”

“Dear @RichardDelaSky, I have seen and read your writ. A lot of fluff, but the substance is your prayer to the Supreme Court to stop [President Akufo-Addo] @NAkufoAddo from assenting to the Human Sexual Rights and Family Values Bill, 2024. It would be interesting as we follow submissions in the Court,” he posted on X, formerly Twitter.

Dear @RichardDelaSky, I have seen and read your writ. A lot of fluff, but the substance is your prayer to the Supreme Court to stop @NAkufoAddo from assenting to the Human Sexual Rights and Family Values Bill, 2024.

It would be interesting as we follow submissions in the Court.… pic.twitter.com/spPhDHGgVx

— Sam ‘Dzata’ George 🦁🇬🇭 (@samgeorgegh) March 5, 2024

Sky further contends that the passage of the bill violates Article 33(5) of the Constitution of 1992, as well as 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.