Ghana’s Supreme Court has postponed a decision on a request by two citizens aiming to halt the enactment of a strict anti-LGBTQ bill.
Amanda Odoi, an academic, and lawyer Richard Sky filed separate lawsuits seeking an injunction to prevent lawmakers from sending the bill to President Nana Akufo-Addo for his signature.
They are also challenging the bill’s constitutionality, which proposes a three-year prison sentence for individuals identifying as LGBTQ+.
Chief Justice Gertrude Torkornoo, speaking in Accra on Wednesday, stated that a ruling on halting the bill’s submission to the president would await a decision on its constitutional validity.
She emphasized, “Our decision is to defer judgment on the interim application until the substantive issue is conclusively determined, at which point a comprehensive judgment will be rendered.”
President Akufo-Addo’s endorsement is the final procedural step needed for the bill to become law. However, he also has the option to reject it or seek further advice from the Council of State upon receiving it.
In March, the president stated he would await the court’s ruling on the bill’s constitutionality before taking action, sparking disagreements with parliament. Speaker of Parliament Alban Bagbin argued that the constitution gives the president seven days to approve, reject, or seek advice on legislation.
The Supreme Court’s decision on Wednesday will delay further progress toward enacting the bill until it delivers a final judgment.
The potential approval of this punitive law could impact Ghana’s access to significant international funding, including $3.8 billion from the World Bank over six years, and could affect an ongoing $3 billion IMF bailout program and efforts to restructure $20 billion in external debt.
The court will continue to hear arguments challenging the bill’s constitutionality when proceedings resume, although a date has not yet been set.
