Chief Justice Gertrude Torkornoo
The Judicial Service has granted full access to media houses to broadcast all court cases relating to the passage of the controversial Human Sexual Rights and Family Values Bill, 2024, locally referred to as the Anti-Gay Bill.
The Service, in a communiqué indicated that, “Permission has been granted for the media (including radio and television) to have full access to the relevant courts to undertake a coverage of all proceedings in those cases concerning the bill.”
The move comes as a result of the public interest generated by the cases that have been initiated against both the passage and the President potentially assenting to it.
There are currently four separate cases challenging the passage of the bill, with two at the Supreme Court and another two at the High Court.
At the Supreme Court, Richard Dela Sky and Dr. Amanda Odoi have filed separate suits challenging the constitutionality of the passage of the bill for various reasons.
The Chief Justice earlier this month granted access for the live telecast of these two cases at the Supreme Court following a request by the Attorney General and Minister for Justice, Godfred Yeboah Dame.
The Supreme Court’s first sitting on the matter was broadcast live on both local and international channels.
The decision has now been extended to include two separate cases filed by Paul Boama-Sefa and Prince Obiri-Korang which are before the High Court in Accra.
The Judicial Service, in its communiqué, urged the leadership of the Judicial Press Corps to make proper arrangements “to ensure that the respective courtrooms are not unduly crowded with personnel and gadgets during coverage, so as to maintain sanity, whiles observing the necessary courtroom etiquettes.”
Bill
Parliament on February 28, 2024 passed the Proper Human Sexual Rights and Ghanaian Family Values Bill, often referred to as the Anti-LGBTQ+ Bill, which introduced further punishment for gay activities in the country.
The bill, among other things advocates prison terms for those who take part in LGBTQ acts, as well as those who promote the rights of gay, lesbian or other non-conventional sexual or gender identities in Ghana.
The bill is yet to be transmitted to the President for a possible assent as a result of the two suits filed before the Supreme Court.
Writs
Richard Dela Sky, in his writ, is challenging the constitutionality of the passage of the bill and is seeking the Supreme Court to declare the bill null and void.
He also contends that the passage of the bill violates provisions of the 1992 Constitution, particularly Articles 33(5), 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e).
He avers that provisions in the bill raise profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the constitution.
He is also seeking a “declaration that Parliament exceeded its authority under Articles 106(2) and 108(a) (ii) in passing the Human Sexual Rights and Family Values Bill, 2024, as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.
“A declaration that, upon the true and proper interpretation of Articles 102 and 104(1) of the Constitution, Parliament lacked the requisite quorum to pass the Human Sexual Rights and Family Values Bill, 2024.”
He is therefore seeking an order “restraining the President of the Republic from assenting to the Human Sexual Rights and Family Values Bill, 2024, as such action will directly contravene the constitutional safeguards of liberties and rights of Ghanaians.
“An injunction barring any attempts to enforce the provisions of the Human Sexual Rights and Family Values Bill, 2024, particularly those criminalising same-sex relationships and related advocacy efforts.”
Dr. Amanda Odoi, a researcher, on the other hand, is questioning certain provisions of the Human Sexual Rights and Family Values Bill.
She is seeking a restraining order to prevent the Speaker, the Attorney General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for his approval.
BY Gibril Abdul Razak