President John Mahama
President John Dramani Mahama has indicated that the recently passed Human Sexual Rights and Family Values Bill, popularly known as the Anti-LGBTQ Bill, could be returned to Parliament if substantial legal or procedural concerns are identified during the review process preceding presidential assent.
Speaking during a question-and-answer session at Chatham House in London yesterday, President Mahama said the bill still has several constitutional hurdles to clear before it can become law.
He revealed that concerns had been raised regarding the manner in which Parliament passed the bill, including allegations that there was no quorum at the time of its approval and reports of procedural lapses during the legislative process.
“There have been a few issues raised. One is that there wasn’t quorum when it was passed. That’s an issue that has come up. And then, two, there were some procedural lapses in terms of its passage,” the President said.
According to him, he had received information that the Speaker of Parliament, Alban Sumana Kingsford Bagbin, was addressing some of the concerns raised about the bill’s passage.
President Mahama explained that once the bill is formally transmitted to him for assent, it will undergo a thorough legal review by the Attorney-General, legal advisers at the Presidency and other relevant officials before any decision is taken.
He noted that the bill was introduced as a private member’s bill rather than government legislation, making it necessary for the Presidency to carefully scrutinise its contents and the process leading to its passage.
“Once the President gets it, you go through it because you are not part of the discussion in Parliament. The legal counsel at the Presidency and the Attorney-General would sit on it and make sure that everything is in order before the President is advised to assent,” he stated.
The President further outlined other constitutional options available to him, including referring the bill to the Council of State for advice if concerns arise during the review process.
He explained that the Council of State, as an advisory body to the President, could examine the bill and provide recommendations on any contentious issues.
“If there are some things that he thinks are a problem, he can refer it to the Council of State for advice. They will take a look at it and advise the President,” he said.
President Mahama added that should substantial issues be identified, the constitution allows the President to return the bill to Parliament with an explanation of the concerns requiring reconsideration.
“If there are issues, substantial issues that are raised, the President would return the bill to Parliament, indicating exactly what the issues are,” he said.
The President stressed that despite Parliament’s approval of the bill, the legislative process was not yet complete.
“There is still quite a while to go before that bill becomes law,” he added.
By Ernest Kofi Adu