Since the passage of the “Human Sexual Rights and Family Values” bill known as Ghana’s anti-LGBTQ Bill by Parliament, the country has been polarized.

Moreover, the ensuing impasse between parliament and the Presidency over assenting the bill raises a few questions.

With both arms of government on a collision course, former minority, Haruna Iddrisu, in a response to a letter from the Presidency dated 18^th of March 2024, took a swipe at what he considered as threatening to the exercise of the Legislative power.

“I am unable to sleep because this is a monumental threat to Ghana’s democracy and a monumental threat to Parliament as an institution. By Article 93, we are clothed with legislative authority and legislative mandate. This letter only reflects President Akufo-Addo’s quest for predominance over other organs of state and that is unacceptable and that must be fought by all persons who love democracy and who cherish the principles and values of the 1992 Constitution.”
Honourable Haruna Iddrisu

Furthermore, the President’s disposition on the issue has not helped the situation either.

The Presidency in its letter, indicated that, pending the outcome of the Supreme Court verdict on constitutionality of the bill, the President would stay his decision. Previously, President Nana Addo had intimated what the letter has now confirmed.

In a rebuke, Randy Abbey reminded President Nana Addo of the stretch and limit of the President’s powers, saying, “The President [Akufo-Addo] if the Bill gets to his table under the constitution, has no right on the basis of the fact that somebody has gone to the supreme court, and decided he will not act on it and will wait, the constitution does not allow the President to take that decision.”

“The President takes his power from the constitution when it comes to private member’s bill, where does the constitution empower the president to upon a case being filed at the Supreme Court decide to stay his hands off until after the determination of the matter? where? “The constitution is clear, that if the president has some reservation, he should follow what the constitution says.”
Randy Abbey

Legislative Powers

Haruna Iddrisu contended that the President’s demeanor smacks on the spirit and letter of the 1992 constitution.

He said, “The ongoing impasse and the tough rhetoric will only deepen the chasm between the executive and the legislature”.

According to article 93(2) of the Constitution, the legislative power of Ghana is vested in Parliament and is exercised in accordance with the Constitution. No person or body other than Parliament has the power to pass any measure with the force of law except by or under the authority conferred by an Act of Parliament.

In addition, worsening matters, it relatively divides the country into two, with the “Conservatives” who championed and supported, the “Liberalists” who stressed the “potential” human rights impediments in the law.

The third camp is made up of those who like the conservatives are anti-gay but consider the law to be too harsh.

Moreso, this division is gradually taking a partisan outlook despite the unanimous endorsement it reflected in Parliament during the debate for its passage.

The Emerging Divide

In an election year, even the slightest policy decision and issue becomes political and partisan.

Interestingly and increasingly the issues related to the bill have become partisan and political.

Having originated from the rank of the opposition as a private member’s bill, the National Democracy Congress (NDC) has endorsed and supported the bill.

As the party in power, the New Patriotic Party (NPP) on its part has become cautious and concerned about the possible fallout of the bill. While some people have questioned the sincerity of the NDC on the matter, irrespective of its level of commitment, it has taken a path that aligns with the sentiments of the majority.

The governing NPP should be careful in its cautious approach and strive not to be seen as a pro-gay party, or its brand may suffer irreparable damage.