Private legal practitioner and radio broadcaster, Richard Dela Sky has taken a bold step by filing an application with the Supreme Court to challenge the Human Sexual Rights and Family Values Bill, popularly known as the anti-gay bill, on the grounds of unconstitutionality.
Sky’s application seeks a declaration from the Supreme Court that the anti-gay bill is null, void, and of no effect, citing multiple violations of fundamental constitutional provisions.
He argues that the passage of the bill by Parliament infringes upon Article 33(5) of the Constitution of 1992, as well as various other key articles, including Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e) of the Constitution, which safeguard the fundamental human rights and freedoms of every Ghanaian citizen.
Richard Sky raises concerns over the bill’s potential to impinge on the constitutional rights of individuals and asserts that the Speaker of Parliament breached constitutional provisions by allowing the passage of the bill despite its financial implications on public funds.
The controversial bill, aimed at outlawing LGBTQ activities and prohibiting their promotion, advocacy, and funding, was approved by Parliament on February 28, 2024, sparking a fierce debate within the country.
President Nana Addo Dankwa Akufo-Addo is yet to assent to the bill and has indicated his intention to wait for the Supreme Court’s ruling on a pending case before making a decision on the matter.
In his legal bid, Sky not only seeks to have the Supreme Court prevent the President from assenting to the bill but also requests an injunction to prevent the enforcement of the bill’s provisions criminalizing same-sex relationships and related advocacy efforts.
The unfolding legal battle over the anti-gay bill underscores the complex and contentious nature of the issues surrounding LGBTQ rights in Ghana, setting the stage for a crucial judicial review that could have far-reaching implications on the country’s legal landscape and human rights discourse.
