In a unanimous decision, the Supreme Court has declared the existing criminal law against unnatural carnal knowledge of a person aged sixteen or older to be constitutional. The court upheld the constitutionality of Section 104(1)(b) of the Criminal and Offences Act 1960 (Act 29), which was contested by Dr. Obiri-Korang from the University of Ghana School of Law. The applicant contended that this provision contravenes Articles 18(2), 17(2), and 14(1) of the Constitution.
The plaintiff’s challenge was based on the argument that Section 104(1)(b) infringes upon the rights to privacy, non-discrimination, and personal liberties. Specifically, for clarity, the plaintiff argued, contrary to the Supreme Court’s ruling, that Section 104(1)(b) of Act 29 violates Articles 18(2), 17(2), and 14(1) of the 1992 Constitution of the Republic of Ghana. Section 104(1)(b) of Act 29, which Dr. Obiri-Korang claimed was unconstitutional, states:
“104. Unnatural carnal knowledge
(1) A person who has unnatural carnal knowledge
(b) of another person of not less than sixteen years of age with the consent of that other person commits a misdemeanour”
The Court was presided over by Justice Baffoe-Bonnie J.S.C, with Justice Amadu Tanko, Justice Gaewu, Justice Adjei-Frimpong Justice Lovelace-Johnson, Justice Kulendi, and Justice Darko Asare
