This decision will ensure the court expeditiously hears the case, filed by NDC MP Rockson-Nelson Dafeamekpor, who is demanding several declarations over the President’s refusal to receive the bill from parliament.

On Monday, March 18, a letter addressed to Parliament and signed by the Executive Secretary to the President, Nana Bediatuo Asante, requested Parliament to refrain from sending the anti-gay bill to President Akufo-Addo for his assent.

The decision, according to Nana Bediatuo Asante, stems from the acknowledgement of two pending applications for an order of interlocutory injunction before the Supreme Court against the bill.

The letter emphasised that it would be improper for Parliament to proceed with transmitting the Bill to President Akufo-Addo for any action until the matters before the court are addressed.

Furthermore, it was disclosed that the Attorney-General has advised the President against taking any action regarding the Bill until the issues raised in the legal suits are resolved by the Supreme Court.

However, Mr Dafeamekpor in his suit is seeking a declaration that the President cannot prevent Parliament from transmitting a bill that has been passed to him.

He is also seeking a declaration that, the President can only assent to or refuse to assent to a bill within seven days unless the bill has been referred to the Council of State, according to Article 106(1) and (7) of the Constitution.

Again, Mr Dafeamekpor is asking for a declaration that the letter dated March 18, 2024, addressed to the Clerk of Parliament and signed by the Secretary to the President, Nana Bediatuo Asante, is in contravention of the Constitution.

He is also seeking an order directing the President to withdraw this letter.

The suit also includes a request for any further orders or directions that the court may deem necessary.

Background

Parliament passed the Proper Human Sexual Rights and Ghanaian Family Values Bill, on Wednesday, February 28.

Among other things, the bill punishes those who take part in LGBTQ sexual acts, as well as those who promote the rights of gay, lesbian or other non-conventional sexual or gender identities with time in prison.

Although a section of the public have welcomed the bill, others including CHRAJ have raised many concerns including discrimination against people and their freedoms as stated in the constitution.

However, Member of Parliament for Ningo-Prampram, Sam George, says no part of the Proper Human Sexual Rights and Ghanaian Family Values Bill (Anti-LGBTQ Bill) infringes on the laws in the 1992 constitution.

Already, the Finance Ministry has advised President Akufo-Addo against signing it, expressing concerns that the country could face serious financial challenges if the president goes ahead to assent to the bill.

The ministry warned that Ghana could lose more than $3 billion in funding from the World Bank for various programmes and projects.

In response, President Akufo-Addo reassured the international community of Ghana’s commitment to upholding human rights despite the recent passage of the Proper Human Sexual Rights and Ghanaian Family Values Bill, popularly known as the Anti-LGBTQ+ Bill.

Addressing concerns during a diplomatic engagement, the President emphasised that Ghana remains steadfast in its long-standing reputation for respecting human rights and adherent to the rule of law.

He clarified that the Bill is facing a legal challenge at the Supreme Court and that until a decision is arrived at, no action would be taken by his government on the private Member’s bill.

READ ALSO:

• Muslim Group threatens street protests over Anti-LGBTQ+ Bill signing delay

• He has bad precedent – Lawyer Jantuah slams Akufo-Addo over his refusal to sign…

• Anti-LGBTQI+ bill: Parliament petitions Chief Justice to expediate hearing

According to her, Mr George, who is the lead proponent in 2015 defended the rights of LGBTQI individuals and is therefore seeking answers on what changed his mind.

This she alleged was when former President John Dramani Mahama was rumored to have had a gay friend who was sponsoring him.

“I am telling you that they have passed it not for any reason but for political reasons. Mr Sam George the Chief proponent of the bill in 2015 when his candidate John Mahama was being accused of having a friend who was a homosexual sponsoring him etc. Sam George is on record saying that the constitution protects those rights.

“So I have to wonder why he changed his mind…What has changed? 10 years ago did he have a different morality from today, from 2021 when he proposed the bill,” she said in an interview on Accra-based Citi FM.

Her comment follows the passage of the controversial bill which proscribes LGBTQI+ activities and criminalises its promotion, advocacy and funding.

Persons caught in the act would be subjected to six months to three-year jail term with promoters and sponsors of the act bearing a three to five-year jail term.

However, Prof Gadzekpo has claimed the Anti-Gay Bill was passed for political reasons.

“That is why I am saying there is politics. They are walking over the bodies of vulnerable people,” she stated.

Professor Gadzekpo together with 14 professionals in various fields including law and academia in October 2021 submitted a memo to Parliament to kick against the anti-LGBTQI+ bill.

In the view of these 15 individuals, the bill is an “impermissible invasion of the inviolability of human dignity, adding railroading the bill through would mean challenging Ghana’s 1992 Constitution.

Following the passage on Wednesday, she has reiterated her stance, stating the bill is unnecessary and President Nana Akufo-Addo should not assent for it to be passed into law.

ALSO READ:

• Anti-LGBTQ+bill is unnecessary – Audrey Gadzekpo [Video]

• Anti-LGBTQ+ Bill: We are criminalising the act, not the individual – Sam George [Video]

This follows comments by a sponsor of the bill, Sam George, suggesting that the bill has remained at the consideration stage.

The Ningo Prampram MP is convinced that some Majority MPs have been influenced by pro-LGBTQ+ groups to stall the process.

However, Mr Anyimadu-Antwi has debunked these claims and insists that the reading of the Bill has clashed with equally urgent matters, which has contributed to the delay.

According to him, there have been many other bills that are yet to be passed.

“This is not the only bill that has been with parliament at the consideration stage for months. We have the Interstate Succession Bill which has also been advertised a long time ago for consideration. We have other bills. For instance, the Internal Industrial Property Office Bill that the second reading was arrested because we didn’t have the numbers.

“Then, we also have the Chattered Institute of Restructuring and Insolvency Practitioners Ghana Bill 2023, also to be read for just a second consideration which should not take more than five minutes. Other sides are also complaining that we don’t have the numbers,” he said on JoyFM’s Newsnight on December 6, 2023.

Mr Anyimadu-Antwi, who is also the Asante Akim Central MP stressed that it was a normal legislation process, therefore there was no need for alarm.

“So this time, there are other things, when the budget is read, we give preference to the budget so it will be very difficult that we may have to depart from other areas but the bill that we have unanimously presented before the house. At any rate, I don’t determine what we do in the House.

“When the budget is read, they give preference to the budget issues otherwise we cannot do appropriation and the amendment that we have, but the main reason why the Proper Human Rights and Family Values Bill cannot be prosecuted now is that there is an issue that has been raised. We need to sit again as a committee and iron out those .. before we can do the appropriation,” he added.

ALSO READ:

• Near chaos in Parliament over anti LGBTQI+ Bill [Video]

• Sam George threatens to expose MPs stalling progress of anti-LGBT Bill