In a ruling delivered on December 18, 2024, Ghana’s Supreme Court unanimously dismissed two suits challenging the constitutionality of the Promotion of Proper Human Sexual Rights and Family Values Bill, commonly known as the anti-LGBTQ bill. Although the court’s full decision is expected on December 20, 2024, Presiding Judge Justice Lovelace Avril Johnson stated that the bill had not yet become law, and therefore, could not be challenged in court.
The two suits were filed by separate citizens who sought to prevent President Nana Akufo-Addo from signing the bill into law, citing alleged violations of constitutional procedures and provisions. The citizens argued that the bill’s passage did not follow the required constitutional procedures and that its contents violated certain provisions of Ghana’s 1992 constitution.
The first suit was filed by Richard Dela Sky, a journalist and legal practitioner. Sky argued that the bill contravene human rights provisions in Ghana’s 1992 constitution. He also alleged that despite being a private member bill, the anti-gay bill had the potential of imposing a charge on the Public Funds of Ghana, contrary to law. Additionally, Sky claimed that parliament lacked the requisite number of MPs needed to pass the bill, rendering it unconstitutional.
A researcher at the University of Cape Coast, Dr. Amando Odoi, filed the second suit challenging the bill on similar but slightly different grounds. She argued that the bill’s potential impact on government public funds meant it should have been introduced as a government-backed bill, rather than a private member’s bill. Dr. Odoi’s suit essentially sought to compel the Speaker of Parliament to comply with Article 108 of the Constitution, which requires bills with financial implications to be introduced by the government.
What the Ruling Means For the Ghanaian People
Now that the Supreme Court has dismissed the suits, attention turns to the implications of this ruling for the Ghanaian people. With the dismissal of the challenges, the path is cleared for the anti-LGBTQ bill to proceed, but what does this mean for Ghana’s citizens and businesses?
Let’s discuss the implications of this ruling on the economy, businesses and entrepreneurs.
Firstly, the recent court ruling may have significant implications, but it’s essential to note that the court didn’t discuss the merits of the case. Instead, the court stated that it cannot hear the matter because the bill has not yet become a law. This means that even if the President signs the bill into law, it’s possible for someone to challenge the constitutionality or the legality in court, potentially on similar or different grounds. This is because Ghana’s constitution allows any person to challenge a law or decision made by any authority if it violates the constitution. A law under the constitution is a bill properly passed by parliament and assented to by the president.
Until the presidential assent is given, the bill has not matured into a law which can be challenged. The bill has been highly controversial in Ghana’s public space, making further legal challenges very likely.
Additionally, the Supreme Court’s ruling may have a ripple effect on Ghana’s tourism industry. While the bill is yet to become law, the decision may add to the perceived negative attitude against the LGBTQ+ community. This may even undermine the progress made since the launch of the “Year of Return” initiative in 2019, which aimed to attract visitors and investments to Ghana. The outgoing Member of Parliament for Sekondi and Minister for Tourism, Arts and Culture had already indicated his conviction about the adverse impacts of the bill on the tourism space after Parliament passed the bill on Wednesday, February 28, 2024.
Finally, it is even possible that it will affect the global perception and reputation of Ghana, potentially affecting our diplomatic relationships, international trade and access to foreign aid.
