There’s a lawsuit against the anti-gay bill pending at the Supreme Court since June 2023 – H Kwasi Prempeh
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The Executive Director of the Centre for Democratic Governance (CDD), Professor H Kwasi Prempeh, has said that there is a lawsuit against the anti-LGBTQ bill which has been pending at the Supreme Court since June 2023 awaiting adjudication on the merits.
His comments comment at a time when another suit was filed against the passage of the bill by broadcaster Richard Dela Sky.
“There’s a lawsuit against the anti-LGBTQ bill (Amanda Odoi v Speaker & AG) pending at the Supreme Court since June 2023 and now awaiting adjudication on the merits,” he wrote on Facebook.
Richard Sky’s writ is asking the Supreme Court to restrain the Speaker and Clerk of Parliament from sending the recently passed Human Sexual Rights and Family Values Bill to President Akufo-Addo for assent.
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This is among other reliefs that Mr Richard Dela Sky is seeking from the apex court in a writ dated March 5.
Mr Sky petitioned the court in his capacity as a citizen of Ghana, acting pursuant to Article 2 of the 1992 Constitution of the Republic of Ghana and asserting his right to challenge acts he deems unconstitutional.
He contends that “upon the true and proper interpretation of Article 33(5) of the Constitution of 1992, in light of article 12 (1) and (2), 15 (1) , 17(1)and (2) , 18(2), and 21(1) (a)(b)(d) and (e) of the Constitution, the passage of the “The Human Sexual Rights and Family Values Bill, 2024 by Parliament on 28th February 2024 contravened the Constitution and is to that extent null, void and of no effect.”
The private lawyer also wants the Supreme Court to restrain, “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.”
The other reliefs being sought by Mr Sky are:
- A declaration that the Speaker of Parliament contravened Article 108 (a) (ii) of the Constitution, in the light 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.
- A declaration that Parliament exceeded its authority under Articles 106(2) and 108(a)(ii) in passing “The Human Sexual Rights and Family Values Bill. 2024.” as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.
- A declaration that, upon the true and proper interpretation of Articles 102 and 104(1) of the Constitution. Parliament lacked the requisite quorum to pass “The Human Sexual Rights and Family Values Bill, 2024.”
- 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.
