Legal practitioner Richard Dela Sky has submitted a formal application to the Supreme Court, urging the court to declare the Human Sexual Rights and Family Values Bill, commonly referred to as the anti-gay bill, null, void, and of no effect.
In the application, Sky argues that the passage of the bill, which Parliament approved on Wednesday, February 28, 2024, violates Article 33(5) of the Constitution of 1992. He further asserts that the bill’s provisions contravene several articles of the Constitution, including Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e).
The legal practitioner contends that the bill raises significant concerns about the potential infringement of fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution. Additionally, Sky alleges that the Speaker of Parliament breached Article 108(a)(ii) of the Constitution, along with Article 296(a)(b) and (c), by allowing the passage of the bill, which imposes a charge upon the Consolidated Fund or other public funds of Ghana.
President Nana Addo Dankwa Akufo-Addo, who has yet to give his assent to the bill, has indicated that he will await the Supreme Court’s ruling before deciding on the controversial legislation.
In his writ, Sky seeks an order restraining the President from assenting to ‘The Human and Sexual Values Bill, 2024,’ arguing that such an action would directly contravene the constitutional safeguards of the liberties and rights of Ghanaians. Additionally, he requests an injunction preventing any attempts to enforce the provisions of the bill, particularly those criminalizing same-sex relationships and related advocacy efforts.
The Supreme Court is expected to review the petition and decide on the constitutional validity of the controversial legislation in due course.
