Anti-LGBTQI Bill not yet law, suits against it are premature – Supreme Court

• Posted on December 18, 2024December 18, 2024
• by Nana Kwesi Coomson
• Comment

The Supreme Court has stated that the Anti-LGBIQI Bill had not yet become a law therefore the suits against it were Premature.

The court further stated that there was nothing against which to exercise the judicial review jurisdiction of the Supreme Court.

Until there is presidential assent to the Bill, there is no act which the Supreme Court will use its supervisory jurisdiction to overturn, it said after dismissing The two cases filed by media personality Richard Dela Sky and Amanda Odoi against the anti-LGBTQI Bill on Wednesday, December 18.

The court announced that it will make the full reasoning for dismissing the case against the anti-LGBTQI bill available on Friday, December 20.

TV3’s Laud Adu Asare who was in court reported that the apex court chaired by Avril Lovelace-Johnson, unanimously dismissed the suits.

The court had

In the case of Richard Sky, he was contesting the legality of the bill, arguing that it violates several provisions of the 1992 Constitution, including Articles 33(5), 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1)(a)(b)(d) and (e).

Sky was seeking eight reliefs, one of which calls for a declaration that the Speaker of Parliament breached Article 108(a)(ii) by permitting the passage of a bill that imposes a charge on the Consolidated Fund or other public funds of Ghana.

In dismissing Dr Amanda Odoi’s case, the apex court noted that the writ didn’t properly invoke the jurisdiction of the court.

Dr. Amanda Odoi had raised concerns over specific provisions within the bill. She was requesting a restraining order to prevent the Speaker of Parliament, the Attorney-General, and the Clerk of Parliament from forwarding the bill to President Akufo-Addo for assent.

Both lawsuits aimed to halt the implementation of the controversial bill, citing constitutional violations and potential legal overreach.