The Supreme Court has unanimously dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky, which sought to challenge the constitutionality of the Human Sexual Rights and Family Values Bill.
A seven-member panel of the apex court, led by Justice Lovelace Avril Johnson, upheld the legislative process for the proposed anti-LGBTQI legislation.
Sky had requested the court to declare the bill null and void, but the panel ruled against the petition, affirming that the bill’s progression through Parliament remains constitutional.
The contentious bill, which has sparked nationwide debate, seeks to criminalize activities linked to LGBTQI advocacy. If passed into law, it will impose penalties on individuals who promote, fund, or provide indirect support for LGBTQI-related activities.
Supporters of the bill argue it is vital to protect Ghanaian cultural and family values from what they describe as the influence of foreign ideologies.
Meanwhile, critics, including human rights organizations, have condemned the bill as a violation of fundamental rights, including freedom of expression, association, and equality before the law.
The legal challenge also included a separate petition filed by equality and inclusion advocate Amanda Odoi.
Both Sky and Odoi argued that Parliament failed to meet the constitutional quorum requirements stipulated in Articles 102 and 104 of the 1992 Constitution during deliberations on the bill, making the legislative process unlawful.
The Supreme Court, however, dismissed the petitions, stating that the Human Sexual Rights and Family Values Bill has not yet become law. Justice Lovelace Johnson explained that until a bill receives presidential assent, it cannot be subject to judicial review regarding its constitutionality.
The ruling emphasizes the court’s stance that challenges to legislative processes can only arise when a bill becomes enforceable law.
The decision marks a significant development in the ongoing debate over the controversial bill, with proponents viewing it as a step toward safeguarding cultural norms and opponents raising concerns about human rights infringements.
