Ghana’s Supreme Court has dismissed two legal challenges to the Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill, marking a significant step towards the potential enactment of what many have described as a controversial legislation.
In a unanimous ruling delivered on December 18, the Court concluded that the plaintiffs did not properly invoke its jurisdiction to assess the constitutionality of the bill. The judges also noted that the bill has yet to be formally enacted into law, rendering the challenges premature.
This decision now allows President Nana Addo Dankwa Akufo-Addo to proceed with either signing or rejecting the bill. The President had previously indicated that he would await the Supreme Court’s ruling before making any decisions regarding the bill.
Passed by Parliament of the West African nation on 28 February 2024, the Human Sexual Rights and Family Values Bill has been the subject of intense debate within Ghana. A bipartisan initiative, it seeks to criminalise homosexual activities and advocacy for LGBTQ+ rights, imposing a prison sentence of up to five years for offenders. The bill also criminalises the promotion and funding of LGBTQ+ causes.
The two plaintiffs who brought the case before the Supreme Court, Richard Sky and Dr. Amanda Odoi, argued that the bill violated Article 108 of Ghana’s 1992 Constitution. They claimed the bill, as a private member’s proposal, did not follow the required legal procedures and could lead to financial implications for the state, as those convicted under the law may result in increased state expenditure due to prison costs.
The court, however, rejected these claims, confirming that the bill’s passage was constitutionally valid at this stage. With Parliament and the majority of Ghana’s population supporting for the bill, attention now shifts to President Akufo-Addo, who will make the final decision on whether the bill will become law.
This ruling comes at a time when President Akufo-Addo is preparing to leave office following a general election that has been convincingly won by the opposition party, the National Democratic Congress’ (NDC) candidate and former president, John Dramani Mahama.
