High Court dismisses Dafeamekpor suit to compel Akuffo Addo, Bagbin to act on anti-LGBTQI bill
By DL News
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The court, presided over by Justice Ellen Lordina Serwah Mireku held in dismissing the suit that there are two pending suits at the Supreme Court challenging parliament’s processes
The High Court has dismissed a suit filed by the MP for South Dayi, Nelson Rockson Dafeamekpor which sought a writ of mandamus to compel the president of the Republic and the Speaker of Parliament to act on the anti-LGBTQI Bill.
The court, presided over by Justice Ellen Lordina Serwah Mireku, held in dismissing the suit that there are two pending suits at the Supreme Court challenging parliament’s processes on the matter and thus would be inappropriate for her court to issue such an order.
A mandamus, which is a discretionary remedy, is an order directed at a public officer to compel him to perform a duty statutorily committed to him.
Per his writ, the Member of Parliament was seeking the following reliefs;
I. A declaration that the Parliament of Ghana duly complied with all the Constitutional provisions stipulated in Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana in the passage of the Human Sexual Rights and Family Values Bill on the 28th of February, 2024.
II. An Order of mandamus directed at the 1st Respondent herein to present the Human Sexual Rights and Family Values Bill to the President of the Republic of Ghana herein in accordance with Article 106 (7) of the 1992 Republic Constitution of Ghana on the basis that the Parliament of Ghana has duly complied with all the Constitutional provisions stipulated under Article 106 (1), (2), (3), (4), (5) and (6) of the 1992 Constitution of Ghana.
III. An order directed at the President of Ghana to receive the Human Sexual Rights and Family Values Bill as presented by Parliament in accordance with Article 106(7) of the 1992 Constitution of Ghana for the purposes of his assent or otherwise.
IV. An order directed at the President of the Republic of Ghana to signify to the 1st Respondent herein, within seven days after the presentation of the Human Sexual Rights and Family Values Bill, his assent to the bill or that he refuses to assent to the bill in accordance with Article 106(7) of the 1992 Constitution of Ghana unless the bill is referred by the President to the Council of State pursuant to Article 90 of the Constitution of Ghana.
V. Any other relief(s) this Honourable Court may deem fit.
