Alban Bagbin
The Speaker of Parliament, Alban Bagbin, has blocked the consideration of the nomination of Ministers and Deputy Ministers of State by President Akufo-Addo over his (President) decision not to assent to the bill on human sexual rights and family values.
The Speaker’s actions follow a directive from the presidency, which issued a cease and desist letter to Parliament, restraining them from transmitting the Bill on Human Sexual Rights and Family Values for President Akufo-Addo’s assent.
On February 28, 2024, Parliament approved the bill that criminalizes LGBTQ+ activities, as well as their promotion, advocacy, and funding.
Those found guilty could face a jail term ranging from 6 months to 3 years, while those promoting and sponsoring the act could face a jail term between 3 to 5 years.
The Bill’s passage has attracted criticism from various stakeholders, including the United States Ambassador to Ghana, Virginia Evelyn Palmers.
President Nana Addo Dankwa Akufo-Addo reacting to it said he awaiting the Supreme Court’s ruling before making a decision on the controversial anti-LGBTQ+ Bill passed by Parliament.
However, the Speaker speaking on the matter on Wednesday said his decision stems from an interlocutory injunction filed at the Supreme Court by MP for South Dayi, Rockson-Nelson Etse K. Dafeamekpor, rendering Parliament unable to sanction new ministers nominated by President Akufo-Addo.
The Speaker also reiterated Parliament’s inability to proceed with the approval of new ministers under similar circumstances, by saying that the “ongoing scenario poses a grave threat to our legislative authority and, by extension, the democratic principles we strive to uphold”.
“The implications of such executive actions extend far beyond the immediate legislative items at hand. They erode the foundational checks and balances that our forebearers painstakingly established to ensure a vibrant and functioning democracy.”
Bagbin added that “The Parliament of Ghana will comply with the existing legal framework and reject the attempts by the Executive Secretary of the President, through his contemptuous letter, to instruct the Clerk to Parliament, an Officer of Parliament whose position is recognizably under the Constitution. We shall not cease!
“Be that as it may, Hon Members, I also bring to your attention, the receipt of a process from the Courts titled Rockson-Nelson Etse K. Dafeamekpor vrs. The Spvser of Parliament and the Attorney-General (J1/12/2024) which process was served on the 19th of March 2024 and an injunction motion on notice seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President until the provisions of the constitution are satisfied.
“Hon. Members in the light of this process, the House is unable to continue to consider the nominations of His Excellency the President in the “spirit of upholding the rule of law “ until after the determination of the application for interlocutory injunction by the Supreme Court.”
Akufo-Addo Reasons
President Nana Dankwa Akufo-Addo in his New Year New Year message said “I am aware that last week’s bi-partisan passage by Parliament of the Proper Human Sexual Rights and Ghanaian Family Values Bill, on a Private Member’s motion, has raised considerable anxieties in certain quarters of the diplomatic community and amongst some friends of Ghana that she may be turning her back on her, hitherto, enviable, longstanding record on human rights observance and attachment to the rule of law. I want to assure you that no such back-sliding will be con-templated or occasioned.
According to the President, “I think it will serve little purpose to go, at this stage, into the details of the origin of this proposed law, which is yet to reach my desk. But, suffice it to say, that I have learnt that, today, a challenge has been mounted at the Supreme Court by a concerned citizen to the constitutionality of the proposed legislation”.
“In the circumstances, it would be, as well, for all of us to hold our hands, and await the decision of the Court before any action is taken. The operation of the institutions of the Ghanaian state will determine the future trajectory of the rule of law and human rights compliance in our country.”
-BY Daniel Bampoe