A journalist, Richard Della Sky, has filed a suit at the Supreme Court (SC), to stop President Nana Addo Dankwa Akufo-Addo from assenting to the Human Sexual Rights and Family Values Bill.
Mr Sky argues that the bill contravenes Article 33(5), and other provisions safeguarding fundamental human rights and freedoms.
According to the journalist, the Speaker of Parliament, Mr Alban Sumana Kingsford Bagbin, breached constitutional protocols by allowing the bill’s passage, particularly concerning its potential financial implications outlined in Article 108(a)(ii) of the Constitution.
Mr Sky, who is also private legal practitioner, is urging the SC to restrain the Speaker of Parliament from presenting the LGBTQ+ Bill to President Akufo-Addo to assent.
The applicant wants the apex court to injunct the enforcement of aspects of the bill that criminalises same sex relationships.
Mr Sky contends that the anti-gay bill contravenes many provisions in the constitution, such as Article 12 (1), which enjoins all arms of government to respect and uphold the fundamental human rights of all persons, Article 15(1), which protects the dignity of all persons and Article 18(2), which protects the privacy of people.
He holds that the bill sins against Article 17(1), which provides for equality before the law and Article 21(a) and (b), which protects freedom of speech and thought.
Mr Sky is seeking the court to declare that the bill is in conflict
with articles 106 and 108, which dictates the mode by which Parliament can pass a bill.
He is seeking a declaration from the court that at the time the bill was passed, Parliament lacked the requisite quorum as stipulated by Articles 102 and 104 of the Constitution.
Parliament on February 28, passed the Human Sexual Rights and Family Values Bill.
Although, the bill is yet to be sent to President Akufo-Addo for his signature, it has generated a lot of discussions.
President Akufo-Addo had already stated at a meeting with members of the Diplomatic Corps, at Peduase, in the Eastern Region, that he would wait for the outcome of the suit challenging the constitutionality of the bill before he assents.
The Ministry of Finance had asked the President not to assent the bill as Ghana was likely to forfeit the $3 billion IMF facility.
Some legal practitioners, opposition political parties, including the National Democratic Con
gress, religious bodies, as well as some members of the public have expressed disquiet over the President’s remarks not to assent the bill.
BY MALIK SULLEMANA