Lawyer Sammy Gyamfi, the National Communications Officer of the National Democratic Congress (NDC), has accused the New Patriotic Party (NPP) government of being behind the writ filed in the Supreme Court of Ghana to challenge the constitutionality of the Human Sexual Rights and Ghanaian Family Values Bill.
This claim is part of the broader political discourse and legal challenges surrounding human rights and legislative processes in the country.
“His legal action is nothing but an NPP-sponsored suit, calculated to serve as a convenient excuse for the President to refuse to assent the Bill on Human Sexual Rights and Ghanaian Family Values.”
Lawyer Sammy Gyamfi
The National Communications Officer of the National Democratic Congress (NDC) stated that on the face of the writ, the suit challenging the constitutionality of the Human Sexual Rights and Ghanaian Family Values Bill was filed in the Supreme Court of Ghana today, 5th March 2024.
Lawyer Sammy Gyamfi further noted that this begs the question as to how President Akufo-Addo could refer to the suit in his speech yesterday when the same was filed only today.
“How did President Akufo-Addo know as of yesterday, that the suit had already been filed at the Supreme Court when the same was filed only today?”
Lawyer Sammy Gyamfi
The National Communications Officer of the National Democratic Congress (NDC) questioned: “Why did the President lie to the nation and international community yesterday, that a suit had been filed in the Supreme Court challenging the constitutionality of the Human Sexual Rights and Ghanaian Family Values Bill when he knew that to be false?”
Lawyer Sammy Gyamfi argued that the New Patriotic Party (NPP) pretended to support the anti-LGBTQ+ Bill in the open, “only to stab the Christian community, the Muslim community, Traditional authorities and Ghanaians at large, in the back.”
Writ Against Anti-LGBTQ+ Bill
A writ has been filed at the Supreme Court of Ghana, invoking the original jurisdiction of the superior court to determine the constitutionality of the Human Sexual Rights and Ghanaian Family Values Bill passed by Parliament.
This legal action was initiated by Richard Dela Sky, a legal practitioner, who asserts that the bill’s passage violates several articles of the 1992 Constitution, particularly Article 33(5), and various other provisions safeguarding fundamental human rights and freedoms.
Richard Sky’s application to the Supreme Court seeks to determine the legality of the bill, which is widely known as the anti-gay bill.
This move highlights the ongoing debate around human rights, especially concerning the rights of the LGBTQ+ community, in Ghana.
The challenge to the bill’s constitutionality underscores the importance of upholding fundamental human rights principles and the role of the judiciary in ensuring that laws are in alignment with the Constitution.
“The Speaker of Parliament contravened Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass ‘The Human Sexual Rights and Family Values Bill, 2024,’ into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.”
Lawyer Richard Sky
Richard Sky’s application seeks not only to challenge the bill’s constitutionality but also to prevent the President from signing it into law, citing concerns over its potential infringement on the liberties and rights of Ghanaians.
Additionally, Richard Sky has requested an injunction to prevent any enforcement of the bill’s provisions, particularly those criminalizing same-sex relationships and related advocacy efforts.
“This action will directly contravene the constitutional safeguards of liberties and rights of Ghanaians,” Sky emphasized.
The filing of the writ at the Supreme Court invokes the original jurisdiction of the superior court, indicating that the matter is of national importance and requires the highest level of judicial scrutiny. This legal challenge is part of a broader effort to address and resolve the complex issues surrounding human rights and legislative processes in Ghana.
