Legal practitioner Richard Dela Sky has called upon all Ghanaians to view his writ recently file at the Supreme Court of Ghana challenging the constitutionality of the recently passed The Human Sexual Rights and Family Values Bill 2024 as a patriotic endeavor to preserve the integrity of the Constitution and uphold democratic values.
In a press statement released on March 5, 2024, Sky emphasized his commitment to upholding the principles of democracy and the rule of law as enshrined in Ghana's 1992 Constitution.
Mr Sky believes he is acting in his capacity as a citizen deeply dedicated to constitutional principles, and raised concerns about potential infringements on fundamental human rights and freedoms guaranteed by the Constitution within the provisions of the bill. The writ, filed on February 28, 2024, challenges the constitutional validity of the legislation, citing discrepancies with several articles of the Constitution.
The reliefs and orders sought in the legal action include:
- A declaration that the passage of “The Human Sexual Rights and Family Values Bill, 2024” contravened the Constitution, rendering it null, void, and of no effect.
- A declaration that the Speaker of Parliament contravened constitutional provisions by allowing the passage of the bill, which imposes a charge upon the Consolidated Fund or other public funds of Ghana.
- A declaration that Parliament exceeded its authority in passing the bill, as it imposes a charge upon the Consolidated Fund or other public funds of Ghana.
- A declaration that Parliament lacked the requisite quorum to pass the bill.
- An order restraining the Speaker of Parliament and the Clerk from presenting the bill to the President for assent.
- An order restraining the President from assenting to the bill.
- An injunction barring attempts to enforce provisions of the bill criminalizing same-sex relationships and related advocacy efforts.
Richard Sky expressed the belief that legislative processes must align with constitutional mandates and emphasized the need to scrutinize and challenge any legislative action that appears to contravene the Constitution.
Mr Richard Dela Sky is co-founder of Article II Initiative (a2i), a think tank dedicated to protecting and defending the Constitution of Ghana and the rights enshrined therein.