Ghana’s Supreme Court on Wednesday dismissed two legal challenges against the controversial Sexual Rights and Family Values Bill, a legislation designed to impose harsh penalties on LGBTQ individuals and activities.
The ruling clears a path for the bill, which has attracted significant global criticism, to move closer to becoming law.
The bill, passed by Parliament in February 2024, proposes prison sentences ranging from six months to three years for individuals engaging in LGBTQ relationships or activities.
Despite widespread condemnation from international organizations and governments, the legislation has received overwhelming public support in the socially conservative West African nation.
However, it remains pending until outgoing President Nana Akufo-Addo decides whether to grant his assent.
Akufo-Addo, whose second term ends on January 7, had stated he would await the Supreme Court’s ruling before making his decision.
Delivering the judgment, Justice Avril Lovelace-Johnson, head of the Supreme Court’s seven-member panel, emphasized the court’s position:
“It will be premature for this court to exercise its interpretive and enforcement jurisdiction to intervene.
Consequently, the action fails. Until there is presidential assent to the bill, there is no act of which the Supreme Court will use its supervisory jurisdiction to overturn.”
The legal challenges against the bill were filed by prominent Ghanaian broadcaster Richard Dela-Sky and university researcher Amanda Odoi.
Both questioned its constitutionality, arguing it infringed on fundamental human rights.
The bill has drawn widespread criticism from countries like the United States and global financial institutions, including the World Bank, which warned Ghana could risk losing billions of dollars in funding if the legislation becomes law.
Despite this, the bill enjoys strong support among the Ghanaian populace, many of whom view it as a defense of traditional family and cultural values.
With the Supreme Court ruling, the spotlight now turns to President Akufo-Addo.
His decision will determine whether the legislation becomes law before he steps down.
As the clock ticks towards January 7, the international community and human rights organizations are closely watching developments in Ghana, a country often seen as a beacon of democracy in the region.