Anti gay bill suits: Supreme Court fixes Dec 18 for judgement

The Supreme Court will on December 18 this year determine the two suits challenging the constitutionality of the Human and Sexual Rights and Family Values Bill, popularly known as the anti-gay bill. 

A seven-member panel of the apex court which had Justice Avril Lovelace Johnson as President, on Tuesday fixed the date after granting leave to lawyers for plaintiff, Richard Sky, to amend their statement of case within two days.

The defendants, the Speaker of Parliament and the Attorney-General and Minister of Justice have also been given up to November 27 this year to file their response to the amended statement of case.

The other members of the panel are Justices Henrietta Mensa-Bonsu, Barbara Ackah-Yensu, Samuel Asiedu, Ernest Gaewu, Yaw Asare Darko, and Richard Adjei-Frimpong.

Suits
Mr Sky and Dr Amanda Odoi separately filed the two suits challenging the constitutionality of the bill.

Their action was after Parliament had on February 28 this year, passed the Human and Sexual Rights and Family Values Bill, which was a bi-partisan private member’s bill.

Mr Sky is seeking a declaration from the court that at the time the Bill was passed, Parliament lacked the requisite quorum as stipulated by Articles 102 and 104 of the Constitution.

Dr Odoi, on the other hand, is also at the Supreme Court with a case that the Speaker of Parliament and Parliament in general had violated the Constitution.

She is arguing that the Speaker of Parliament breached Article 108 of the 1992 Constitution by not giving an opinion on whether the Bill, when implemented, could lead to financial consequences on the country through a charge on the Consolidated Fund.

Bill
If assented to by the President, the bill, which enjoyed the overwhelming support of members of the House, will impose a three-year minimum jail term and five years maximum incarceration on those who engage in and promote homosexual activities in the country.

It has thus criminalised and prohibited pro-gay advocacy, as well as those who fund the activities of lesbian, gay, bisexual, transgender, and intersex.

Following the passage of the bill by Parliament and subsequent transmission for assent, the presidency rejected it citing a pending case at the Supreme Court on the legality of the bill.

Meanwhile, co-sponsor of the bill, Sam George, who led a demonstration accused the Chief Justice, Justice Gertrude Torkornoo, of deliberately delaying the hearing of the case.

But that has since been denied by the Chief Justice blaming parties in the case for the delay.

However, the Speaker of Parliament, Alban Bagbin, has once more directed the Clerk to Parliament to resubmit the bill to the presidency for assent.