The Office of the President has requested Parliament to cease and desist from sending the Human Sexual Rights and Ghanaian Family Values, popularly known as the Anti-LGBTQ+ Bill, to President Akufo-Addo for his assent.
The decision for the request, according to Nana Bediatuo Asante, the Secretary to the President, was as a result of two pending applications for an order of interlocutory injunction currently before the Supreme Court.
In a letter addressed to Parliament on Monday, March 18, this year, and signed by Nana Asante Bediatuo, it said it would be improper for Parliament to proceed with transmitting the Bill to President Akufo-Addo for any action until the matters before the court were addressed.
It further disclosed that the Attorney-General has advised the President not to take any step-in relation to the Bill until the matters raised by the suits are determined by the Supreme Court.
“It is the understanding of this Office that both applications have also been duly served on Parliament. Therefore, it would be improper for you to transmit the Bill to the President and equally improper for this Office to receive the Bill until the Supreme Court determines the matters raised in the suits.
“In the circumstances, you are kindly requested to cease from transmitting the Bill to the President until the matters before the Supreme Court are resolved,” the letter added.
The Office of the Presidency further said “It is established law that during the pendency of an interlocutory injunction application, the status quo ante should be maintained, and no action should be taken that could prejudice the injunctive relief sought and undermine the authority of the court”.
Recall that Dr. Amanda Odoi (Plaintiff) in Suit No. Jl/ 13/2023 is seeking an order of interlocutory injunction restraining the Speaker of Parliament, the Clerk of Parliament and their respective agents, servants and assigns from forwarding the Bill to the President for his assent pending the final determination of the suit, whereas Richard Sky (Plaintiff) in a Suit filed against, the Parliament of Ghana and the Attorney-General, is seeking the following reliefs:
- u. A declaration that the Speaker of Parliament contravened Article 1 OB(a)(ii) of the Constitution, in light of Article 296(a)(b) and (c), by admitting and allowing Parliament to proceed upon and pass “The Human Sexual Rights and Family Values Bill, 2024” into law as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.
Ill. A declaration that Parliament exceeded its authority under Articles 106(2) and 1 OB(a)(ii) in passing “The Human Sexual Rights and Family Values Bill, 2024,“ as the same imposes a charge upon the Consolidated Fund or other public funds of Ghana.
- iv. A declaration that, upon the true and proper interpretation of Articles 1 02 and 1 04( 1) of the Constitution, Parliament lacked the requisite quorum to pass “The Human Sexual Rights and Family Values Bill, “
- v. An order restraining the Speaker of Parliament and the Clerk to Parliament from presenting “The Human and Sexual Values Bill, 2024“ to the President of the Republic for his asse
- An order restraining the President of the Republic from assenting to “The Human and Sexual Values Bill, 2024,” as such action will directly contravene the Constitutional safeguards of liberties and rights of Ghanaians.
Vll. An injunction barring any attempts to enforce the provisions of “The Human Sexual Rights and Family Values Bill 2024,” particularly those criminalising same-sex relationships and related advocacy efforts.
Stay tuned.
