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A Private legal practitioner and Ghanaian journalist, Richard Dela Sky has filed a lawsuit against Parliament at the Supreme Court regarding the passage of the Anti-LGBTQ+ bill.
On Tuesday, March 5, 2024, Sky’s legal team submitted an application to the Supreme Court, seeking a declaration that the Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill, is null and void.
Sky contends that the bill’s passage violates Article 33(5) of the 1992 Constitution, along with Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e). He asserts that the bill’s provisions “raise profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution.”
Additionally, Sky clarified that his legal action is not a reflection of his personal views on LGBTQI+ individuals. Instead, it is an endeavour to ensure strict adherence to the Constitution and safeguard the fundamental human rights enshrined within it.
In a statement dated March 5, 2024, Richard Dela Sky said, “In my capacity as a citizen of the Republic of Ghana, deeply committed to the principles of democracy and the rule of law as enshrined in our revered 1992 Constitution, I have initiated legal action in the Supreme Court of Ghana. This action is not a declaration of my personal stance on LGBTQI+ individuals per se, but a conscientious effort to ensure the strict adherence to and protection of the constitutional framework that governs our society.”
He urged Ghanaians to support this cause to maintain the integrity of the constitution.
“This emerging think tank is, among other things, dedicated to protecting and defending the Constitution of Ghana and the rights enshrined therein. We aim to foster a robust constitutional culture in Ghana, empowering every citizen to uphold and defend the principles that safeguard our collective freedoms and dignity.
I call upon all Ghanaians to view this legal action in the light of a patriotic endeavour to preserve the integrity of our Constitution and the democratic values we hold dear. It is a testament to our collective determination to ensure that Ghana remains a beacon of democracy and rule of law in Africa and around the world.”
Read below Richard Dela Sky’s statement
PRESS STATEMENT
For Immediate Release
A WRIT TO UPHOLD THE PROVISIONS OF GHANA’S 1992 CONSTITUTION
1. 5th March 2024 — Oxford — In my capacity as a citizen of the Republic of Ghana, deeply committed to the principles of democracy and the rule of law as enshrined in our revered 1992 Constitution, I have initiated legal action in the Supreme Court of Ghana. This action is not a declaration of my personal stance on LGBTQI+ individuals per se, but a conscientious effort to ensure the strict adherence to and protection of the constitutional framework that governs our society.
2. On February 28, 2024, following the purported passage of “The Human Sexual Rights and Family Values Bill 2024,” I instructed a team of lawyers to file a writ at the Supreme Court of Ghana, challenging the constitutionality of the proposed legislation. This bill, in its essence and provisions, raises profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution.
3. The reliefs and orders sought in this legal action are as follows:
i. A declaration that upon the true and proper interpretation of Article 33(5) of the Constitution of 1992, in light of Articles 12(1) and (2), 15(1), 17(1) and (2), 18(2), and 21(1) (a) (b) (d) and (e) of the Constitution, the passage of “The Human Sexual Rights and Family Values Bill, 2024” by Parliament on 28th February 2024 contravened the Constitution and is to that extent null, void, and of no effect.
ii. A declaration that the Speaker of Parliament contravened Article 108(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass “The Human Sexual Rights
and Family Values Bill, 2024” into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.
iii. A declaration that Parliament exceeded its authority under Articles 106(2) and 108(a)(ii) in passing “The Human Sexual Rights and Family Values Bill, 2024,” as the same imposes a charge upon the Consolidated Fund or other
public funds of Ghana.
iv. A declaration that, upon the true and proper interpretation of Articles 102 and 104(1) of the Constitution, Parliament lacked the requisite quorum to pass “The Human Sexual Rights and Family Values Bill, 2024.”
v. An order restraining the Speaker of Parliament and the Clerk to Parliament from presenting “The Human and Sexual Values Bill, 2024” to the President of the Republic for his assent.
vi. An order restraining the President of the Republic from assenting to “The Human and Sexual Values Bill, 2024,” as such action will directly contravene the Constitutional safeguards of liberties and rights of Ghanaians.
vii. An injunction barring any attempts to enforce the provisions of “The Human Sexual Rights and Family Values Bill 2024,” particularly those criminalising same-sex relationships and related advocacy efforts.
viii. Such further orders or directions as to this Honourable Court may seem to meet.
4. This legal challenge is grounded in the belief that every legislative process and the laws emanating therefrom must align with the constitutional mandates that guide our nation. It is imperative that we scrutinise and challenge any legislative action that appears to contravene the Constitution, to safeguard our democracy and the rights it guarantees to every citizen, regardless of their stance on any particular issue.
5. In my unwavering pursuit to combat breaches of the Constitution, promote human rights, and deepen the tenets of the rule of law, accountability, and responsible citizenship, I co-founded the Article II Initiative (a2i). This emerging think tank is, among other things, dedicated to protecting and defending the Constitution of Ghana and the rights enshrined therein. We aim to foster a robust constitutional culture in Ghana, empowering every citizen to uphold and defend the principles that safeguard our collective freedoms and dignity.
6. I call upon all Ghanaians to view this legal action in the light of a patriotic endeavour to preserve the integrity of our Constitution and the democratic values we hold dear. It is a testament to our collective determination to ensure that Ghana remains a beacon of democracy and the rule of law in Africa and around the world.
SIGNED
Richard Sky
-END-
Click on the link below to read Richard Dela Sky’s statement
Background
The controversial bill was unanimously passed by legislators on February 28, 2024, after years of deliberation.
Pressure is intensifying on President Akufo-Addo from Members of Parliament to sign the bill into law.
However, the President has already indicated that he will refrain from giving his assent until the court makes a pronouncement on the case.
The bill proposes a three-to-five-year jail term for individuals who promote or sponsor LGBTQ activities, while those caught in the act are to be sentenced to a minimum of 6 months and a maximum of 3 years.
The reliefs sought by the journalist include an order restraining President Akufo-Addo from assenting to the bill and also preventing the “Speaker of Parliament and the Clerk to Parliament from presenting ‘The Human and Sexual Values Bill, 2024’ to the President of the Republic for his assent.”
According to the plaintiff, portions of the bill go contrary to the tenets of the 1992 Constitution for which reason it should be deemed null and void.
The writ, filed on March 5, 2024, also pointed to the fact the sections of the legislation impose a charge on the Consolidated Fund or other public funds of Ghana.
The bill’s sponsors such as Member of Parliament for Ningo-Prampram, Sam George believe no part of the Human Sexual Rights and Family Values Bill (Anti-LGBTQ Bill) infringes on the laws in the 1992 constitution.
Speaking on Newsfile on March 2, on Saturday, he pointed out that many individuals who oppose the bill by arguing that it contradicts the provisions of the 1992 constitution, have failed to specify the exact sections.
“This is a social issue and so Parliament is within the same Article 17.4 exercising its right that the constitution has conferred on us to deal with the social issue. It says for the matters relating to adoption, which is in this bill, marriage is in this bill, divorce, burial, and the evolution of property. But clearly, parliament has not acted ultra vires the constitution,” he said.
The Finance Ministry is raising concerns about the implications of President Akufo-Addo’s potential assent to the recently passed bill.
The Ministry outlined the negative implications of the document on its expenditure, key government plans, and projects and urged President Akufo-Addo to hold off on signing the bill into law as it may cost the country greatly.
These risks include a potential loss of $850 million in budgetary support from the World Bank this year alone.
In the 5-page document, the Ministry explained that “for 2024 Ghana will lose US$600 million Budget support and US$250 million for the Financial Stability Fund.”
“This will negatively impact Ghana’s foreign exchange reserves and exchange rate stability as these inflows are expected to shore the country’s reserve position.
Over the next six years, the Ministry explained that “Ghana is likely to lose US$3.8 billion in World Bank Financing.”
Below is the full text of the World Bank implications projected by the Ministry;
i. The expected US$300 million financing from the First Ghana Resilient Recovery Development Policy (Operation Budget Support) which is currently pending Parliamentary approval might not be disbursed by the Bank when it is approved by Parliament.;
ii. On-going negotiations on the Second Ghana Resilient Recovery Development Policy Operation (Budget Support) amounting to US$300 million may be suspended:
iii. On-going negotiations for US$250 million to support the Ghana Financial Stability Fund
may be suspended;
iv. Disbursement of undisbursed amounts totalling US$2.1 billion for ongoing projects will be suspended; and
v. Preparation of pipeline projects and declaration of effectiveness for two projects totalling US$900 million may be suspended. Full details of the World Bank portfolio are attached as Appendix 1 & 2.
vi. In total, Ghana is likely to lose US$3.8 billion in World Bank Financing over the next five to six years. For 2024 Ghana will lose US$600 million in Budget support and US$250 million for the Financial Stability Fund. This will negatively impact Ghana’s foreign exchange reserves and exchange rate stability as these inflows are expected to shore up the country’s reserve position.
Some Members of Parliament are furious over the Finance Ministry’s advice to President Akufo-Addo.
For instance, the MP for Sagnarigu, Alhassan Bashir Alhassan Fuseini, has urged Ghanaians to take action in support of the anti-LGBTQ+ bill.
The MP stated that the proposed legislation is crucial to upholding the country’s cultural values and independence from external influence.
Speaking to JoyNews on March 4, 2024, he said “Let’s rise up. I am telling you that the streets must be flooded. Everybody must be prepared on this matter, to come onto the streets. Thousands and millions of people must be prepared to flood the streets on this matter to protect our independence and sovereignty.
In addition to Mr Fuseini’s comments, the MP for Tamale North, Alhassan Suhuyini, also voiced his opinion on the issue.
Mr Suhuyini also pointed out that, there are countries with worse forms of punishment for people who engage in LGBTQ activities, but are doing well and have kept their relationships with other multilateral agencies.
“So I’m surprised that we are afraid that this law will isolate us and affect our relationship with these bilateral institutions. I think that if we rather remain forthright and remain proud of who we are and this law reflects who we are, then we’d be given the respect that we deserve and we will not in any way lose relationships that are mutually beneficial,” he said.
Meanwhile, a coalition of 18 civil society organisations has also pledged their support for this legal action.
The Coalition, also known as the ‘Big 18’, kicked against the legislation, arguing that it infringes on Ghana’s diverse cultural and religious landscape.
Board Chair of the Ghana Center for Democratic Development (CDD-Ghana), Prof Audrey Gadzekpo, said “It’s an obnoxious bill.”
“It’s kind of like criminal libel, which the colonialists introduced, and we retained it. And it was used improperly against people, including journalists. We will come to find that this is like that,” she said.
The United States is warning of dire implications for the Ghanaian economy if the bill becomes law.
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