The Supreme Court, in a unanimous decision by a seven-member panel led by Justice Lovelace Avril Johnson, has dismissed a petition filed by broadcast journalist and lawyer Richard Dela Sky.
Sky had challenged the Human Sexual Rights and Family Values Bill, seeking to have it declared unconstitutional.
However, the court ruled that the legislative process for the proposed anti-LGBTQI bill was consistent with the constitution.
The Human Sexual Rights and Family Values Bill, a subject of intense controversy, aimed at criminalizing LGBTQI advocacy.
If passed, it would impose penalties on individuals involved in promoting, funding, or indirectly supporting LGBTQI activities.
Advocates of the bill claim it is necessary to preserve Ghanaian cultural and family values from perceived foreign influences.
Critics, including human rights groups, argue that the bill violates essential rights such as freedom of expression, association, and equality.
The legal challenge also included a petition by equality advocate Amanda Odoi.
Both Odoi and Richard Dela Sky contended that the legislative process violated constitutional quorum requirements under Articles 102 and 104, rendering the bill’s passage invalid.
The Supreme Court rejected both petitions, ruling that the bill could not be challenged as it had not yet become law. Justice Lovelace Johnson emphasized that judicial review of a bill’s constitutionality is only applicable after it receives presidential assent and becomes enforceable.
This decision highlights the court’s position that constitutional scrutiny cannot be applied to legislative processes before they result in binding legislation.
