The Supreme Court has set July 17, 2024 as the date for the verdict in the two lawsuits filed by Broadcast Journalist Richard Dela Sky and Researcher Dr Amanda Odoi against Parliament’s approval of the contentious anti-gay statute.
Mr Sky is challenging the constitutionality of the Human Sexual Rights and Family Values Bill, and he is seeking a declaration that the bill passed by Parliament violates several provisions of the 1992 constitution, as well as the country’s laws and the constitutionally guaranteed basic human rights.
Dr. Odoi expressed reservations about particular clauses in the Human Sexual Rights and Family Values Bill.
She’s also requesting a restraining order to prohibit the Speaker, Attorney General, and Clerk of Parliament from forwarding the bill to President Akufo-Addo for his approval.
The Chief Justice, Gertrude Torkornoo, informed the court that the two cases would not be consolidated, and separate rulings will be delivered.
This ruling followed a plea by the Attorney-General, Godfred Yeboah Dame.
Dr. Ernest Ackon, Amanda Odoi’s counsel, stated that if passed, the bill will impose a direct charge on public finances, violating Article 108. He also mentioned the lack of a fiscal impact analysis before the bill was handed to the President.
The second respondent, Attorney-General Godfred Yeboah Dame, contended that the Speaker’s discretion is not unrestrained by the constitution, thereby justifying the apex court’s determination on the injunction case
Plaintiff Dr. Amanda Odoi seeks an injunction to prevent the Speaker from delivering the measure to the President.
The first defendant in the case, led by Counsel for the Speaker of Parliament Thaddeus Sory, argued that the applicant’s claims about the need for a fiscal impact analysis were not supported by the constitution, especially since the bill did not expressly state that it would impose a charge on the consolidated fund.
According to him, the substance of the interlocutory injunction was not considerably different from an earlier one filed by the plaintiffs and dismissed by the courts.
He went on to argue that the transmission of the law from the Speaker of Parliament to the President for his assent is still an ongoing process that has not been finished, and so the Supreme Court did not have jurisdiction to decide on the case.
He urged the court to dismiss the application before the bench.
The Supreme Court, presided over by Her Ladyship Gertrude Torkonoo, is now hearing the Richard Delasky case.
