In a notable judicial development, the Supreme Court of Ghana has deferred its ruling on an injunction application aimed at halting the transmission of the controversial anti-LGBTQ bill to the President. The application was brought forward by Dr. Amanda Odoi and broadcast journalist Richard Dela Sky. The court has decided to deliver the ruling concurrently with the final judgement on the matter.
The five-member panel, chaired by Chief Justice Gertrude Torkornoo, announced that an early trial would better serve the interests of justice. Consequently, the ruling on the injunction applications has been adjourned sine die, pending the final verdict.
Dr. Amanda Odoi and Richard Dela Sky have filed separate lawsuits challenging Parliament’s passage of the Human Sexual Rights and Family Values Bill. Mr. Sky’s lawsuit contends that the bill breaches multiple provisions of the 1992 Constitution and violates fundamental human rights. Dr. Odoi’s lawsuit raises specific concerns about the bill’s provisions and seeks to prevent the Speaker, the Attorney General, and the Clerk of Parliament from transmitting the bill to President Akufo-Addo for approval.
During the last hearing, Dr. Ernest Ackon, representing Dr. Odoi, argued that the bill’s approval would impose a direct charge on public funds, contravening Article 108 of the Constitution. He highlighted the absence of a fiscal impact analysis before the bill was sent to the president. The Attorney-General, Godfred Yeboah Dame, countered that the Speaker’s discretion is not without constitutional constraints, thus necessitating the Supreme Court’s decision on the injunction application.
The Speaker of Parliament’s Counsel, Thaddeus Sory, argued that the claims regarding the need for a fiscal impact analysis were unsupported by the Constitution, especially since the bill did not explicitly state it would impose a charge on the consolidated fund. He maintained that the transmission of the bill to the President is an ongoing process and, as such, was outside the Supreme Court’s jurisdiction to adjudicate.
The Supreme Court, under Chief Justice Torkornoo, continues to hear the case brought by Richard Dela Sky. The decision to defer the ruling on the injunction underscores the court’s commitment to a comprehensive evaluation of the legal challenges posed by the controversial bill. As the nation awaits the final judgement, the implications of this case are poised to significantly impact Ghana’s legislative and social landscape.