Supreme Court Dismisses Petition Against Anti-LGBTQI Bill’s Constitutionality

The Supreme Court of Ghana, in a unanimous decision, has dismissed a legal challenge filed by broadcast journalist and lawyer Richard Dela Sky against the Human Sexual Rights and Family Values Bill.

A seven-member panel led by Justice Lovelace Avril Johnson, today, December 18, 2024, upheld the constitutionality of the legislative process for the bill, which aims to criminalize LGBTQI advocacy and related activities.

The court ruled that the bill, which has stirred significant public debate, cannot be subjected to constitutional review as it has not yet been enacted into law. Justice Lovelace Johnson clarified, “Until a bill receives presidential assent, it does not constitute an enacted law and therefore cannot be reviewed for its constitutionality.”

Richard Sky, joined by equality advocate Amanda Odoi, argued that the legislative process violated quorum requirements outlined in Articles 102 and 104 of the Constitution, rendering the bill unconstitutional. However, the court dismissed their petitions, noting that legislative procedures cannot be contested until they result in enforceable legislation.

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The controversial bill has polarized the nation, with supporters claiming it protects Ghanaian cultural and family values, while critics, including human rights organizations, argue it infringes on freedoms of expression, association, and equality. Proponents of the bill believe it is essential to safeguard traditional values from perceived foreign influences.

If passed, the bill would impose severe penalties on individuals who promote, fund, or indirectly support LGBTQI activities. Its progression continues to fuel a broader national debate on the intersection of human rights and cultural preservation in Ghana.