The Supreme Court has unanimously dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky, which sought to challenge the constitutionality of the Human Sexual Rights and Family Values Bill.
Sky had requested a declaration that the bill, which has sparked intense national debate, was null and void. However, the court rejected his petition, upholding the constitutionality of the legislative process for the proposed anti-LGBTQI legislation.
The legal challenge also included a petition by equality and inclusion advocate Amanda Odoi. Both Sky and Odoi argued that Parliament failed to meet constitutional quorum requirements as outlined in Articles 102 and 104 during the legislative process, rendering the bill’s passage unconstitutional.
The Supreme Court dismissed both petitions, ruling that the bill has not yet become law and therefore cannot be subject to judicial review. Justice Lovelace Johnson explained that until a bill receives presidential assent, it does not constitute an enactment that can be challenged on constitutional grounds.
The ruling underscores the court’s stance that legislative processes cannot be contested until they result in enforceable law.
The controversial bill seeks to criminalize activities associated with lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) advocacy. If passed, it would impose penalties on individuals promoting or funding LGBTQI-related activities, as well as those offering indirect support.
Proponents argue the bill is essential to safeguard Ghanaian cultural and family values, which they claim are under threat from foreign ideologies. Conversely, critics, including human rights groups, condemn it as an infringement on fundamental rights such as freedom of expression, association, and equality before the law.