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LGBTQ: Ghana’s Supreme Court to rule July 17 on applications seeking to injunct process

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By Beatrice Oppon

The Supreme Court will on July 17, 2024 determine two separate applications seeking to injunct the transmission of the Proper Human Sexual Rights and Family Values Bill for Presidential assent or otherwise.

A Researcher, Dr Amanda Odoi and Private Legal Practitioner Richard Dela Sky are challenging the passage of the Bill also referred to as anti-gay bill by Parliament citing Constitutional violations.

The Plaintiffs argue that the Bill contravenes the Human Rights provisions in the Constitution.

They further contend that its introduction to Parliament as a private members Bill will have an impact on the Consolidated Fund and other Public Funds.

Lawyer for Mr Sky, Paa Kwasi Abaidoo argued that the Bill was not accompanied by a fiscal impact analysis as required by law and should not have proceeded to current state. This he claims renders it invalid.

The Attorney General Godfred Yeboah Dame agreed with that argument. He submitted that the pasage of the anti-LGBTQ Bill was in flagrant violation of Article 108 of the Constitution.

However, Lawyer for the Speaker of Parliament,Thadeus Sory claimed that he had received new information that the Speaker gave an opinion on whether the implementation of the said Bill could lead to financial consequences on the country through a charge on the consolidated fund.

Mr Sory per his submission also stated that the Speaker of Parliament caused a fiscal impact analysis to be conducted on the bill as stipulated by law and therefore prayed the Court to allow him file the new information. This was opposed by the Attorney General who described it as unfair considering how long the suits have been pending before the Apex Court.

Lawyer Abaidoo applauded the Court’s decision not to consider the new report as stated by Mr Sory in its ruling on the interlocutory injunction on July 17, 2024.

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