Anti-gay bill: Richard Sky withdraws review application

The Supreme Court has struck out a review application challenging its judgment on the constitutionality of Parliament's passage of the Human Sexual Rights and Family Values Bill, commonly referred to as the anti-gay bill.

This comes after the applicant, Richard Sky, withdrew the review application through his lawyer, Paa Kwasi Abaidoo, when the case was called this morning (Feb 26).

The nine-member review panel which had Justice Paul Baffoe-Bonnie as the leader, accordingly struck out the case as withdrawn. 

Cost

However, members of the bench were unhappy about Sky’s absence.

The development came after a Chief State Attorney, Sylvia Adisu, prayed the court to award cost against the applicant.

Justice Prof. Henrietta Joy Abena Nyarko Mensa-Bonsu asked the counsel for the plaintiff whether it was fair for his client to line up nine Justices of the apex court only to withdraw the application

Justice Samuel Kwame Adibu-Asiedu was of the view that the court should award cost against Sky, saying he was a lawyer and ought to have showed up in court.

However, Justices Emmanuel Yonny Kulendi and Issifu Omoro Tanko Amadu disagreed. They were of the view that the case was a public interest matter, hence there was no need to award cost against him.

Before striking out the case as withdrawn, the president of the panel expressed strong displeasure about the applicant’s absence. 

Background

On February 28, 2024, Parliament passed the Human and Sexual Rights and Family Values Bill, which was a bi-partisan private member’s bill.

If assented to by the President, the bill, which enjoyed overwhelming support from members of the House, will impose three years’ 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, intersex, queer/questioning, asexual, among other such people.