The Supreme Court of Ghana has dismissed two lawsuits challenging the constitutionality of Parliament’s passage of the Human Sexual Rights and Family Values Bill, widely known as the anti-gay bill.
The apex court unanimously ruled that the cases did not sufficiently invoke its constitutional mandate and declared the suits premature, as the bill has not yet been enacted into law.
This decision clears the way for President Nana Addo Dankwa Akufo-Addo to decide whether to sign the bill into law. Passed by Parliament in February 2024, the bill criminalizes homosexual activities and pro-gay advocacy, with penalties ranging from three to five years in prison.
Background
The plaintiffs, Richard Sky and Dr. Amanda Odoi, argued that the bill was a private member’s initiative that violated Article 108 of the Constitution. They claimed it could impose financial burdens on the state, such as costs for incarceration, without the Speaker of Parliament addressing these implications.
The ruling signifies a critical step in the legislative process, as public debates continue around the bill’s impact on human rights and constitutional governance.
