Legal practitioner, Richard Dela Sky has formally contested the legality of the Human Sexual Rights and Family Values Bill, often referred to as the anti-LGBTQ or gay bill, by submitting an application to the Supreme Court.
Sky argues that the passage of the bill violates multiple articles of the 1992 Constitution, with a specific emphasis on Article 33(5) and provisions protecting fundamental human rights and freedoms.
Stressing concerns about potential constitutional breaches, Sky emphasizes that the approval of the bill contravenes various articles of the 1992 Constitution, particularly focusing on Article 33(5) and provisions dedicated to safeguarding fundamental human rights and freedoms. He questions the Speaker of Parliament’s adherence to constitutional procedures, expressing reservations about the bill’s approval and the potential financial implications outlined in Article 108(a)(ii) of the Constitution.
“The provisions of the bill raise profound concerns regarding the potential infringement of the fundamental human rights and freedoms guaranteed to every Ghanaian by the Constitution,” remarks Sky. Additionally, he contends that the Speaker of Parliament violated Article 108(a)(ii) of the Constitution, taking into consideration Article 296(a)(b) and (c), by allowing Parliament to proceed with and pass ‘The Human Sexual Rights and Family Values Bill, 2024,’ into law, as it imposes charges upon the Consolidated Fund or other public funds of Ghana.
In his legal filing, Richard Dela Sky seeks a Supreme Court order preventing the President from signing ‘The Human and Sexual Values Bill, 2024,’ arguing that such action would directly violate the constitutional liberties and rights of Ghanaians. Furthermore, he requests an injunction to prevent any attempts to enforce the provisions of “The Human Sexual Rights and Family Values Bill 2024,” especially those criminalizing LGBTQ activities and their promotion, advocacy, and funding.
The bill gained parliamentary approval on Wednesday, February 28, 2024. Nevertheless, President Nana Addo Dankwa Akufo-Addo has not yet signed the bill into law, expressing his intention to await the Supreme Court’s ruling on the controversial legislation.