The Accra High Court has declined a plea to mandate Akufo-Addo to endorse the Anti-LGBTQ+ legislation. This decision comes after a lawsuit filed by National Democratic Congress (NDC) Member of Parliament, Rockson-Nelson Dafeamekpor, on March 25.
Dafeamekpor sought various declarations and orders regarding the President’s authority under Ghana’s 1992 Constitution. Among these, he sought a declaration that the President can only assent or refuse to a bill within seven days, unless referred to the Council of State. He also requested a declaration that the President cannot obstruct Parliament from transmitting a passed bill to him.
The court, represented by Chief State Attorney Sylvia Adeso, argued that it lacked jurisdiction to grant Dafeamekpor’s application. Consequently, the motion was granted, and the case dismissed.
Regarding the Anti-LGBTQ+ Bill, Parliament approved the Proper Human Sexual Rights and Ghanaian Family Values Bill on February 28. This bill penalizes LGBTQ+ activities and advocates with imprisonment.
Although some support the bill, others, including the Commission on Human Rights and Administrative Justice (CHRAJ), voice concerns about potential constitutional violations and discrimination.
MP Sam George asserts that the bill aligns with the constitution. However, the Finance Ministry has advised against the President’s endorsement, citing potential financial repercussions, including the loss of World Bank funding.
In response, President Akufo-Addo assured international partners of Ghana’s commitment to human rights. He explained that the bill faces legal challenges in the Supreme Court, and his government will refrain from action until the court reaches a decision.
The Office of the President, in a letter dated March 18, requested Parliament to suspend transmitting the bill, citing pending legal matters and advice from the Attorney-General. The Presidency deemed it improper to proceed until the Supreme Court resolves the legal disputes.
