The Supreme Court has dismissed two legal challenges questioning the constitutionality of Ghana’s Human Sexual Rights and Family Values Bill, popularly referred to as the Anti-LGBT+ Bill.
The suits were filed by broadcast journalist Richard Dela Sky and Dr. Amanda Odoi, a researcher at the University of Cape Coast, targeting the Speaker of Parliament, Alban Bagbin. They sought to have the court annul the passage of the bill, arguing that the parliamentary processes violated constitutional procedures.
Delivering the unanimous decision of the seven-member panel on Wednesday, December 18, 2024, Justice Lovelace Avril Johnson clarified that the court could not exercise judicial review over a bill that had not yet become law.
“The Constitution outlines specific processes by which an enactment attains legal effect. Until those steps are completed and the President provides assent, there is no Act of Parliament subject to judicial scrutiny,” Justice Johnson explained.
She emphasized that the court’s interpretative jurisdiction could not be invoked prematurely, adding:
“Until there is presidential assent, there is no Act of Parliament over which the Supreme Court can exercise its original jurisdiction to strike down if found to be inconsistent with the Constitution, 1992. The plaintiffs’ action is therefore dismissed.”
The panel, chaired by Justice Johnson, included Justices Samuel Asiedu, Ernest Gawu, Barbara Ackah-Yensu, Adjei Frimpong, and Yaw Darko Asare.
Parliament approved the Anti-LGBT+ Bill on February 28, 2024, criminalizing same-sex activities, their promotion, advocacy, and funding. Offenders face prison terms ranging from six months to five years, depending on their involvement.
Although the bill awaits presidential assent, the President has instructed Parliament to delay its transmission until the Supreme Court resolves any pending legal challenges. However, Speaker Bagbin recently directed the Clerk of Parliament to forward the bill to the President, accusing the executive and judiciary of undermining parliamentary authority.
If the President does not assent to the bill within seven days, Parliament can override the decision with a two-thirds majority vote, effectively enacting it into law.
