The Supreme Court of Ghana has ruled that the recent lawsuits challenging the constitutionality of the controversial Human Sexual Rights and Family Values Bill, often referred to as the anti-LGBTQI bill, are premature. The court stated that since the bill has not yet received presidential assent, it does not constitute an enacted law and therefore cannot be subjected to constitutional review.

Background and Context

The Human Sexual Rights and Family Values Bill, which seeks to criminalize LGBTQI advocacy and related activities, has sparked significant public debate and political division in Ghana. The bill proposes penalties ranging from six months to three years in prison for engaging in LGBTQ relationships, with even harsher sentences for promoting or sponsoring LGBTQ activities.

The legislative process for the bill has been closely watched by both supporters and opponents, with many expressing strong opinions about its potential impact on human rights and Ghanaian society. The bill has been passed by Parliament, but it still requires the president’s signature to become law. This delay has provided an opportunity for legal challenges and public discourse around the bill’s implications.

Legal Challenges

Two lawsuits were filed against the bill, one by broadcaster and lawyer Richard Dela Sky and the other by equality advocate Amanda Odoi. Both plaintiffs argued that the legislative process for the bill violated quorum requirements outlined in Articles 102 and 104 of the Constitution, rendering the bill unconstitutional. However, the Supreme Court dismissed these petitions, stating that legislative procedures cannot be contested until they result in enforceable legislation.

The court’s decision emphasizes the procedural aspect of lawmaking, indicating that until a bill is signed into law, it remains in the realm of legislative debate and cannot be challenged in court. This ruling has important implications for how future legal challenges to legislation may be approached.

Implications of the Ruling

The court’s decision shifts the focus to outgoing President Nana Akufo-Addo, who must now decide whether to sign the bill into law before his term ends on January 6, 2025. If he opts not to act, the incoming President John Mahama, who supported the bill while in opposition, will face the decision.

This ruling has significant implications for the LGBTQI community in Ghana and for human rights advocates who have been vocal in their opposition to the bill. The decision on whether or not to sign the bill into law will likely influence Ghana’s international relations, particularly with countries and organizations that prioritize human rights.

Public Reaction

The ruling has drawn mixed reactions from various stakeholders. Human rights organizations and critics of the bill argue that it infringes on fundamental rights such as freedoms of expression and association. On the other hand, supporters of the bill, including religious and traditional institutions, believe it is necessary to preserve Ghanaian cultural and family values.

Public discourse around the bill has been intense, with many expressing concerns about the potential for increased discrimination and violence against LGBTQI individuals if the bill becomes law. Advocates for the bill argue that it reflects the will of the majority and upholds societal norms, while opponents stress the need to protect minority rights and ensure equality for all citizens.

International Perspective

The international community has also been closely monitoring the developments surrounding the anti-LGBTQI bill. Several human rights organizations and foreign governments have issued statements urging Ghana to uphold human rights principles and refrain from enacting laws that discriminate against LGBTQI individuals. The decision of whether or not to sign the bill into law will likely affect Ghana’s international reputation and its relationships with other nations.

The Supreme Court’s ruling underscores the ongoing debate over the balance between human rights and cultural preservation in Ghana. As the nation awaits the president’s decision, the controversy surrounding the anti-LGBTQI bill continues to fuel discussions about the future of LGBTQI rights in the country. The outcome of this decision will have lasting implications for Ghana’s legal landscape and its commitment to human rights.