Court rules against Ghana's president receiving anti-LGBTQ+ Bill
A mandamus application seeking to compel Ghana’s president Nana Addo Dankwa Akufo-Addo to receive the anti-LGBTQ+ Bill passed by parliament has been dismissed.
The mandamus application, a writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty was filed by a Member of Ghana's Parliament (MP) for South Dayi, Rockson Nelson Dafeamekpor.
A high court in the capital city of Accra ruled that the application filed by the MP could not be granted pending two suits filed by private citizens.
Prof. Amanda Odoi and Richard Dela Sky independently filed suits against the anti-gay Bill, seeking for the court to stop President Akufo-Addo from enacting the bill into law.
The high court ruled that the suits filed by these two had direct implications on the mandamus application.
The MP's application sought to compel the speaker of Parliament to submit the Anti-LGBTQ+ Bill to the president within 7 days. He also requested the Court to compel the president to accept the bill and assent to it or indicate to parliament his inability to assent within the period.
The Anti-LGBTQ+ Bill seeks to criminalise the promotion and funding of LGBTQ+ activities and public displays of affection among other things. The bill was unanimously approved and passed by the country’s parliament on February 27, through a voice vote.
Below are the reliefs being sought by the Plaintiff in his application for Mandamus:
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.
