The Supreme Court has Postponed its Decision on the Injunction Application against the Anti-LGBTQ Bill.
The Supreme Court of Ghana has deferred its ruling on the injunction application filed by Dr. Amanda Odoi and broadcast journalist Richard Dela Sky regarding the transmission of the anti-LGBTQ bill to the President. Instead, the ruling will be delivered on the same day as the final judgment in the case.
Early Trial for Justice
The five-member panel, chaired by Chief Justice Gertrude Torkornoo, stated that an early trial would better serve the purpose of justice. The decision was made to expedite the trial rather than provide a separate ruling on the injunction at this time. The case has been adjourned sine die, meaning without a specific date set for resumption.
Background of the Case
Dr. Amanda Odoi and Richard Dela Sky have filed lawsuits challenging the passage of the Human Sexual Rights and Family Values Bill by Parliament.
Richard Dela Sky’s Argument: Sky argues that the bill violates several provisions of the 1992 constitution, including fundamental human rights.
Dr. Amanda Odoi’s Argument: Odoi raises concerns about specific provisions of the bill and seeks a restraining order to prevent the bill from being sent to President Akufo-Addo for approval. She contends that the bill imposes a direct charge on public funds, violating Article 108 of the constitution, and points out the lack of a fiscal impact analysis before the bill’s submission to the President.
Court Proceedings
Attorney-General’s Argument: Attorney-General Godfred Yeboah Dame argued that the Speaker’s discretion is not unconstrained by the constitution, justifying the need for the Supreme Court’s decision on the injunction.
Speaker of Parliament’s Argument: Counsel for the Speaker of Parliament, Thaddeus Sory, argued that the need for a fiscal impact analysis is not constitutionally supported, especially when the bill does not expressly impose a charge on the consolidated fund. He further stated that the substance of the current injunction application is not significantly different from a previously dismissed application. He argued that the transmission of the bill to the President is still an ongoing process, which is not within the Supreme Court’s jurisdiction to deliberate upon at this stage.
Next Steps
The Supreme Court, led by Chief Justice Gertrude Torkornoo, will deliver the ruling on the injunction application on the same day as the final judgment. The court is also hearing the case filed by Richard Dela Sky, which challenges the constitutionality of the Human Sexual Rights and Family Values Bill.
The decision to defer the ruling and expedite the trial underscores the court’s commitment to ensuring a thorough and just resolution to the contentious issue surrounding the anti-LGBTQ bill.
