Media personality and private legal practitioner, Richard Dela Sky, has filed a lawsuit at the Supreme Court to challenge the constitutionality of the “Human Sexual Rights and Family Values Bill,” commonly known as the Anti-LGBTQI+ Bill.
In a twenty-three-paragraph affidavit supporting his application, Sky argued that the bill contravenes several articles of the 1992 Constitution of Ghana, including Articles 12, 15, 17, 18, 21, 33 (5), 106, and 108. He contended that Parliament exceeded its authority in passing the bill, and thus, its actions should be deemed null, void, and of no effect. He asserts that the provisions of the bill raise significant concerns about potential infringements on the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution.
Sky also raised concerns about the quorum during the voting session for the bill, alleging that it did not meet the constitutional requirements.
Moreover, Sky contends that the Speaker of Parliament contravened Article 108(a)(ii) of the Constitution by allowing Parliament to proceed with and pass the bill into law. He argues that this action disregarded Article 296(a)(b)(c) as the bill imposes charges upon the Consolidated Fund or other public funds of Ghana.
Sky’s application seeks various reliefs from the Supreme Court. Firstly, he requests a declaration that the bill is unconstitutional based on the aforementioned articles of the Constitution. Secondly, he seeks a declaration that Parliament exceeded its authority by passing a bill that imposes charges on the public purse. Thirdly, he asks for a declaration that Parliament lacked the required quorum to pass the bill. Additionally, Sky requests an order to restrain the President from assenting to the bill, arguing that such action would violate the Constitutional safeguards of the liberties and rights of Ghanaians. Lastly, he seeks an injunction to prevent the enforcement of provisions within the bill that criminalize same-sex relationships and related advocacy efforts.
The bill, which aims to prohibit LGBTQ activities as well as their promotion, advocacy, and funding, was passed by Parliament on Wednesday, February 28, 2024. However, President Nana Addo Dankwa Akufo-Addo has decided to wait for the Supreme Court’s ruling before making a decision on the bill.
