Why Supreme Court dismissed Sky's petition against the Anti-LGBTQI bill
By DL News
Published
2 min read
The court ruled against his petition, affirming the constitutionality of the legislative process concerning the proposed anti-LGBTQI legislation.
A seven-member panel of the Supreme Court presided over by Justice Lovelace Avril Johnson has unanimously dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky, which questioned the constitutionality of the Human Sexual Rights and Family Values Bill.
Mr. Sky had sought a declaration that the bill, which has ignited widespread national debate, was unconstitutional and therefore invalid.
However, the court ruled against his petition, affirming the constitutionality of the legislative process concerning the proposed anti-LGBTQI legislation.
Their Lordships noted that the bill had not yet been enacted into law. Justice Lovelace Johnson clarified that until a bill receives presidential assent, it remains a proposal and cannot be subjected to judicial review for constitutionality.
The ruling underscored that legislative processes cannot be challenged on constitutional grounds unless they result in an enforceable law, effectively limiting judicial intervention at this stage of the legislative process.
The controversial bill seeks to criminalize activities related to the promotion and advocacy of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) rights. If enacted, the law would impose penalties on individuals who fund or support LGBTQI-related initiatives, as well as those who offer indirect assistance to such efforts.
The proposed legislation has sparked polarized opinions across Ghana. Advocates of the bill argue that it is essential to safeguard Ghanaian cultural and family values, which they perceive as being under threat from external influences. On the other hand, opponents, including human rights organizations, contend that the bill infringes on fundamental human rights, such as freedom of expression, association, and equality. Critics warn that its passage could foster an environment of discrimination and persecution, further marginalizing the LGBTQI community in Ghana.
In addition to Mr. Sky’s petition, equality and inclusion advocate Amanda Odoi also filed a separate legal challenge. Both petitioners argued that Parliament failed to meet the quorum requirements specified under Articles 102 and 104 of the Constitution during the legislative process, rendering the bill’s progress unconstitutional. They sought to have the bill invalidated on these grounds.
