Supreme Court upholds existing law against unnatural carnal knowledge

The Supreme Court of Ghana has held unanimously that the criminal law against unnatural carnal knowledge of another person aged sixteen or older is valid and constitutional.

The seven-member panel thus disagreed with the plaintiff's contention that Section 104(1)(b) infringes on the constitutional rights of persons.

Section 104(1)(b) of the Criminal and other offences Act, 1960(Act 29) states;

(1) Whoever has unnatural carnal knowledge—

(b) of any person of sixteen years or over with his consent is guilty of a misdemeanor.

It was against this background that the plaintiff, a lecturer at the University of Ghana School of Law, Dr.Prince Obiri-Korang sued contending that the provision violated Articles 18(2), 17(2), and 14(1) of the Ghanaian Constitution, which pertain to rights of privacy, non-discrimination, and personal liberties.

However, in its judgment, the court presided over by Justice Baffoe-Bonnie held that the section does not violate or infringe any such provisions of the constitution.

Other members of the panel were; Justices Amadu Tanko, Gaewu, Adjei-Frimpong, Lovelace-Johnson, Kulendi, and Darko Asare.